Permenant Resident Requirement Approval

[AMREESH]

Hi
I need your help. I became  a permanent resident and had my kids born in Canada . By the time i applied for renewal of my PR , i stated that i did comply to residency requirement as i used to go up and down out side of Canada. But i cant approve that , nor my passports show my entry and departure . I used to live with my relatives when i come to Canada . I'm not working and on job search now as i'm highly qualified as skilled worker . My questions are :

1- What worst Immigration can  be the decision as i might be accused by Misuse of Residency .
2- Does my kids Canadian citizens  make my case on Humanitarian ground ? How to consider that .
3- Can they ask me of removal from Canada .
 


 

[Leon]

Have you been asked to attend an interview to prove your residency in Canada?  If you come to this interview without any proof, it is probable that they will refuse to renew your PR card and possible that they will revoke your PR status.  You could try to claim humane and compassionate reasons but are your children living in Canada as it is?  If they are not, it probably wont work.

[AMREESH]

Thank you for reply.

I have not been called for interview . Me , my wife and our kids are now in Canada . My kids are attending school now in Canada.

Does it make strong humanitarian compassionate case in my favor ? 

[Leon]

You say you meet the residency requirements but you can't prove it. I think you should wait and see if they call you for an interview.  It is possible that if they don't believe you meet the requirements, they will still give you a chance to withdraw your PR card application and apply for one later.

[AMREESH]

Thank you for reply

1-What do you mean by they will give me a chance of drawing my PR. ?

2-Does it mean that i have to stay with out PR and other identifications ?
 
3-For how long ?
4- When can i apply for new PR ?
5-Do you think that i'm allowed to work or study in this case?
6-When can apply for citizen ship?
7- What finally you think will be the result ?

[Leon]

1-What do you mean by they will give me a chance of drawing my PR. ?

Withdraw means to take back or cancel.  They may offer you that you can cancel your PR card application for the time being with no ill effect.

2-Does it mean that i have to stay with out PR and other identifications ?

If you have a passport, you are not without identification.  You will be without a PR card but you still have your landing papers since the time you landed.  You still have your PR status even if you do not have a PR card.

3-For how long ?

Until you meet the residency requirements again, 730 days in Canada that you can prove, and have applied for your PR card renewal and have gotten your new PR card.

4- When can i apply for new PR ?

As said above, when you have 730 days in Canada that you can prove, you can apply for a new PR card.

5-Do you think that i'm allowed to work or study in this case?

Yes, unless they prove that you lied on your application and revoke your PR status and deport you, then you are still PR and can stay in Canada, work and study.

6-When can apply for citizen ship?

You need 1095 days in Canada in a 4 year period to be able to apply for citizenship.

7- What finally you think will be the result ?

It depends on if you committed misrepresentation or not.  If you lied about being in Canada when you weren't and they can prove this, then you are in trouble.  If you didn't lie but you can not prove it, immigration may choose to believe you or they might not but I think they are unlikely to deport you in that case.

[AMREESH]

Thank you Leon , kindly reply theses iusses

1-Beside my three kids born in Canada , what do you think that things may make my case stronger as humane and compassionate issue .
2- if they revoke my PR or it has been canceled , Can i leave Canada any time and come back with my landing papers ?
3- Under worst conditions , if i leave Canada , how can i come back ?
4- I cant a prove my prove residency , can they say i'm on my application ? What is the worst can they do in  such assumed case ?

[Saisn]

Leon,

I have similiar situation and I have been told by Immigration officer (St Clair when I went to pickup renewed card) that I would be called for an Interview to prove my 730 days.
Is it possible to not appear for an Interview and than reapply for PR renewel after meeting residency requirment?
Are they going to send back renewed PR card without any ill effects?
let me know thanks!

[Leon]

1-Beside my three kids born in Canada , what do you think that things may make my case stronger as humane and compassionate issue .

For H&C reasons, a good case would be if you had a good reason why you could not meet the residency requirements, for example that you had to take care of a seriously ill close relative and if that was the case, they would want proof of that.  It would not be a good H&C reason that you stayed away because you had a good job elsewhere.

2- if they revoke my PR or it has been canceled , Can i leave Canada any time and come back with my landing papers ?

If they revoke your PR, it is gone.  You can leave any time but can not come back as a PR again unless you apply for it again from scratch.

3- Under worst conditions , if i leave Canada , how can i come back ?

As said above, if they revoke your PR, you would have to apply again.

4- I cant a prove my prove residency , can they say i'm on my application ? What is the worst can they do in  such assumed case ?

Maybe you should talk to a lawyer.  I am not sure what they will do in your case.  If they can not prove that you lied but you can not prove that you told the truth, I do not think they will deport you.

[AMREESH]

Hi LEON,

Recently i have been called to interview and i felt it was ok . But i surprised by the letter i did recieve inviting me for another interview because the report showed negative and found me (  a member of the inadmissible class ) .

What things or grounds support me for humanitarian and compassionate case ?
 
What next and what do i have to do ?

Do i need a lawyer now ? If yes , is before or after the coming interview ?

[Leon]

Did they say why you are inadmissible?  Do your wife and children meet the residency requirements?  Is their PR status in good standing?  If it is, you can claim as a H&C reason that they need you to be in Canada with them.  You should get a lawyer.

[AMREESH]

The letter alleges that failure of complying to residency obligation , which cant approve it at all neither me nor my wife . My kids are a Canadian by birth . So what other supports  beside my kids can make strong case of H & C ? If i get a lawyer , how long does it take time and how much will it cost money ?

[steaky]

Leon is not a lawyer.  Perhaps you can contact the owner of this forum for a quotation.

[Leon]

Right, you can contact the owner of the forum.  He is a lawyer.  You will have to ask him how much it costs.

[SenoritaBella]

Even if you lived with relatives, did you not have a bank card, credit cards, go to church, gym, community gatherings, doctor visits, etc? Don't you have school attendance records and teachers that can confirm seeing you and your wife? A neighbor of your relative can't confirm they saw you? Yet CIC should take your word for it? They are not yet satisfied that you have  met residency obligations and if that is the case, you are in deep trouble.