Withdrawal of PR Card Application

[manochan]

We submitted our PR renewal application a year back. My spouse received various clarifications. She find it difficult to submit all required documents. She has made some mistake in her travel dates as compared to passport stamps. Her passport is full of exit and entry stamps, especial from Gulf countries as she was working there + India stamps. CIC are confused and need exit entry stamps from respective countries. This is impossible for us. Need your advise for;
(1) Can she withdraw her application
(2) Will they keep the records and cross check when submit the new application?
(3) What reason she should give in her withdrawal?

Please ..... somebody give guidance.

 

[Msafiri]

1. Yes in writing to Sidney - use courier/ registered mail
2. Of course
3. She does not wish to travel and no longer needs a PR Card

Withdrawal will not stop any investigation over residency fraud and misrepresentation. This could lead to being reported/inadmissibility with eventual loss of PR. If not reported/ CIC doesn't pursue this further she should be prepared for RQ when she applies for Citizenship. Why give different dates to those in the travel documents?

 

[manochan]

By the way she does wants her PR.
Currently she is out of Canada.
Her PR has expired.
How will she be able to come to Canada?
This time she is coming to Canada for ever.

 

[Msafiri]

She can return to Canada by one of 3 ways:

1. If visitor visa passport exempt then get a flight back to Canada.
2. If not visitor visa exempt passport apply for a Travel Document at a visa post.
3. If not visitor visa exempt passport and holding a US visa return via a US/ Canada land border.

Technically all options require her to meet the Residence Obligation of 730 days in the 5 years prior to interaction with CIC/CBSA. However 2 is strictly enforced. 1 and 3 depend on your luck at the border and if the border agent decides to report you...most appear not to report but warn people to watch their absences.

If TD refused then 60 days to appeal. If reported at the border then 30 days to appeal. No appeal or loss of appeal before the courts = loss of PR. If her re-entry into Canada will be an issue due the residency obligation you need to consider sponsoring her again but that requires that there be no issues with your own PR!

 

[manochan]

Thank you for your valuable input.
I have question though.
When you say appeal if TD gets refused.
Where she has to appeal?
The closest Canadian Embassy
OR
I have to appeal for her here in Canada?

 

[Msafiri]

1. All residency appeals are to the Immigration Appeal Division (IAD) which is a section of the Immigration and Refugee Board (IRB).

2. Appeals take between 12-18 months to be listed for a hearing before the IAD.

3. Hearings are held at the IAD covering your last city of residence in Canada.

4. You can represent your spouse as a non paid representative. Any one paid must be either a lawyer or immigration consultant in good standing with the relevant regulatory body.

5. Its better to get legal representation but that doesn't mean you don't get involved in the process.

6. Hearings are either oral where appellant is before the panel in person, oral not present or on paper no attendance. If PR was in Canada at least once in the 365 days prior to TD refusal they can get a TD to attend the appeal. If not then you can apply to IAD to direct visa post to issues TD - this is rare. You can arrange for conference calling for the hearing. You need to provide calling cards.

7. Anyone who loses the appeal can approach the Federal Court (FC) for leave to appeal the IAD's decision. This only on a point of law to prevent spurious appeals that make a mockery of the judicial process.

8. Re listing the appeal before the FC another 12-18 months.

9. The FCs decision is final.

10. If appeal upheld then PR status retained. If appeal fails then PR loss occurs. If PR in Canada issued a departure order.

Breach of residence obligation in your case is for employment so an appeal has slim to no chances of success.

 

[manochan]

(1) Is it possible that my wife will apply for Travel Document from the place she is now?
(2) If TD refused, can I apply for her sponsorship?

I am here in Canada for more than 850 days in the past 5 years.
I am working here for more that 1 year.

 

[Msafiri]

1. Yes but does she meet the Residence Obligation? If she doesn't and she has no H&C grounds (working abroad is not) then she will get rejected.

2. Yes. You will need to detail your days in Canada as part of the sponsorship. Do you have a valid PR Card and when was this issued?

 

[manochan]

Ans to 2.
My PR Card Expired in Feb, 2013. Six months prior to the expiry I alongwith my wife and kids applied for renewal. Myself and kids are over 850 days stay in Canada but wife. However, none of our PR has been renewed. The status shows that the file has gone to Local CIC office on Jul 5, 2013.
Please guide me how to go about.

 

[manochan]

My wife badly wants to come to us and stay with us for ever. No going back.
Our landing time was very crucial.
Economy was bad all over the world.
Needed one job to continue to feed the family.
I alongwith kids stayed here but I did not get job for over 2 years.
Plus my wife's mother was paralyzed during the same time so she was doing up and down to meet her mother and support her financially as well.
Those were very difficult times for us.
Anyways, please guide if there is any way that my wife can come here in Canada and our family will be reunited.
We are sad staying apart.

 

[Hasher]

My wife badly wants to come to us and stay with us for ever. No going back.
Our landing time was very crucial.
Economy was bad all over the world.
Needed one job to continue to feed the family.
I along with kids stayed here but I did not get job for over 2 years.
Plus my wife's mother was paralyzed during the same time so she was doing up and down to meet her mother and support her financially as well.
Those were very difficult times for us.
Anyways, please guide if there is any way that my wife can come here in Canada and our family will be reunited.
We are sad staying apart.

Very sad to hear your story, but things are badly messed up with you as you were jobless, your PR status is under investigation (what I presumed from your post) and your wife decided to stay out of Canada even when her PR card was expiring.

CIC has no sympathy with those who stay out of Canada for job no matter they are dying with hunger becoz of jobless situation within Canada even they are jobless for full five years of their duration in Canada. Few things are good and few are bad here in Canada, but still say more are good in Canada than bad.
In your wife case in my opinion she can use her mother illness (with all medical report supporting that she was desperately required for her mother care). But if your wife was in any other country than her mother residing, the chances are very low she would get any advantage of that.
The quickest option you have to reunite is you wife get TD, if not, than you and kids get the PR renewal; hopefully once you have soon you can travel and meet your wife. But if that cannot happen soon than ask your wife to request her superior in company to give her a letter to attend some technical/ professional conference in US and based on that she might get US visa, as you know she can travel back home through US border with expired PR card.
Other than that, try to pray to whoever you believe to help you out in this situation.

Regards

 

[Msafiri]

My wife badly wants to come to us and stay with us for ever. No going back.
Our landing time was very crucial.
Economy was bad all over the world.
Needed one job to continue to feed the family.
I alongwith kids stayed here but I did not get job for over 2 years.
Plus my wife's mother was paralyzed during the same time so she was doing up and down to meet her mother and support her financially as well.
Those were very difficult times for us.
Anyways, please guide if there is any way that my wife can come here in Canada and our family will be reunited.
We are sad staying apart.

1. How do you get the 850 days you state you have? Are you counting days post PR Card application? If yes then you are making an error.

2. As per Hasher you can include your mother in laws medical situation as H&C grounds - however CIC will require documentary evidence of both the medical issues and that your wife was the sole/primary carer. From what you say she seems to really be working in the Gulf and occasionally going to India so any half decent CIC lawyer will quash this real quick.

3. Likewise CIC will query why you haven't got a job in 2 years - do you have any evidence of job search? Any refusal letters? How often do you search for work? Were you actually in Canada or also in the Gulf?

4. How many days did your wife declare in her PR Card application?

Referral to the Local Office means your file is under residency review so you can't sponsor until this is resolved. What date was your wife last in Canada?

 

[manochan]

I applied when we completed four and half years of PR.
As per my statement, I was away for 610 days in 4.5 years = 1,642 days,
Means, I was in Canada for 1,034 days.
However, I was not eligible for Citizen because I was not continuously in Canada.
I have to be in Canada for 1095 days in four years. That is not my case.
Yes, I tried vigorously in Canada to get job in my profession, i.e., administrative / clerical.
I have all records of searching job, posting applications and interviews as well.
During this period I worked for 4 companies and got laid off too.
I was searching jobs when I was here in Canada.

About my wife, she worked in Gulf country.
She has siblings back home but nobody earns good enough to support financially to her mother.She was not only supporting her mother but us as well.

My wife’s last date in Canada is March 15, 2013.

 

[Msafiri]

Sorry your day count has confused me if you had 1034 days at PR Card renewal and presumably haven't left Canada since PR Card renewal submission your 850 days in the last 5 years are out of sync..nevertheless your wife needs to apply for a TD at the relevant visa post. Its going to be a hard sell on the H&C grounds. The US visa for a land border crossing is a better idea. Good luck

 

[manochan]

I applied for PR renewal after 4.5 years = 1,642 days
During this period, I was out of Canada for 610 days
Hence, I was in Canada for 1,034 days in four and half years.

They asked my Passport copies (all pages) as a 1st clarification in Jan 2013.
I submitted within 30 days.
Unfortunately, my passport is full of exit, entry and residency stamps all over because I was in Gulf working.
My dates were not exactly matching with those stamps because of the time difference and transit time.
That must have confused them a lot.

Can I withdraw my application and reapply with clarification and my job paystub?

I will be having surgery next year.
Can she get TD on humanitarian ground?