Family sponsorship is suspended because they are waiting for permanent residence determinant (A28)

[I love canada 99]

Hi guys,

This is the situation of my brother and we need your help please.

He got his PR on June 2011 and then he went abroad for a work. On March 2016 he moved permanently to Canada, and he didn’t go out of Canada since this date. In these 5 years he spent his vacations in Canada (about 2-3 months in total).

In March 2016, he started the sponsorship to sponsor his family. The processing time is 12 months and his file is in processing since about 20 months.

When we asked about the file we knew that the embassy is awaiting a response from Ottawa because the immigration officer asked for A28 since more than 15 months and they didn’t get any answer yet.

We have some questions please and your help will be very appreciated.

1) Do you think there is a risk of losing his PR?

2) Will that be useful to withdraw this sponsorship file and reapply again when he will complete the two years without leaving Canada (that will be in 3 months)?

3) In 3 months he will complete 2 years, will he be able to apply for anew PR card? Or even this will depend on the result of A28 investigation?

Many thanks in advance

 

[HeyKenGuy]

yes

if he has only spent 2-3 months in Canada in the 5 years since getting his PR, his PR can get revoked as you must live in Canada for at least 2 out of the last 5 years to maintain the PR status

if this is the case, I suggest he voluntarily renounce his PR instead of waiting for CIC to revoke it so he can start again as soon as possible

 

[I love canada 99]

yes

if he has only spent 2-3 months in Canada in the 5 years since getting his PR, his PR can get revoked as you must live in Canada for at least 2 out of the last 5 years to maintain the PR status

if this is the case, I suggest he voluntarily renounce his PR instead of waiting for CIC to revoke it so he can start again as soon as possible

Thanks for your reply. What is the difference between renouncing his PR voluntarily and pR revoked by CIC?

 

[HeyKenGuy]

Thanks for your reply. What is the difference between renouncing his PR voluntarily and pR revoked by CIC?

the time you save instead of waiting for CIC to investigate whether he has met residency requirements or not

 

[Buletruck]

Agreed. Definitely at risk of being reported for not meeting RO. Until that determination is made, his family sponsorship will not be processed. He can appeal if his is found non compliant, but again, any sponsorship will have to await the outcome of the appeal. Travel outside of Canada during that time isn't recommended. An appeal can take up to 2 years and the results aren't guaranteed.
He can request to withdraw his sponsorship, but it's up to IRCC to decide if they will allow it, and if he's already being investigated, it won't make much difference......the damage would be done. As for applying for a new card in 3 months, as above, the damage has been done. Processing would likely be delayed pending the current investigation.

 

[Buletruck]

Apply for the GCMS notes if you are curious what the current status and potential outcome will be. Don't renounce until you know they are actually going to issue a 44(1) report. He might get lucky (although having no time in Canada between 2011 and 2016 when he sponsored his family, the chance of them giving him a pass are pretty slim).

 

[Rob_TO]

1) Do you think there is a risk of losing his PR?

Yes, the most likely outcome here is IRCC will reject the sponsorship app then move to officially revoke his PR status.

2) Will that be useful to withdraw this sponsorship file and reapply again when he will complete the two years without leaving Canada (that will be in 3 months)?

They are already investigating him, so doubtful withdrawing the PR app now would change this.

3) In 3 months he will complete 2 years, will he be able to apply for anew PR card? Or even this will depend on the result of A28 investigation?

If they issue the 44(1) report for violation of RO, then it won't matter when he reaches 2 years as it will already be too late.

In hindsight, he was supposed to wait 2 years before initiating any contact with IRCC (like applying to sponsor family).

If the only reason he wasn't living in Canada for those 5 years is due to work/employment, that is generally not accepted as a valid H&C reasons. If 44(1) report is issued to revoke his PR status and he decides to appeal, he can certainly try to convince someone there was some H&C reason, although odds would not be good for success. If he choses to appeal the family sponsorship app would be rejected and would need to re-submit only if appeal was successful (appeals can take 1-2 years to process and hear).

 

[I love canada 99]

Agreed. Definitely at risk of being reported for not meeting RO. Until that determination is made, his family sponsorship will not be processed. He can appeal if his is found non compliant, but again, any sponsorship will have to await the outcome of the appeal. Travel outside of Canada during that time isn't recommended. An appeal can take up to 2 years and the results aren't guaranteed.
He can request to withdraw his sponsorship, but it's up to IRCC to decide if they will allow it, and if he's already being investigated, it won't make much difference......the damage would be done. As for applying for a new card in 3 months, as above, the damage has been done. Processing would likely be delayed pending the current investigation.

Thanks for your reply,
He's already being investigated, and he didn't spend 2 years between 2011 and 2016, but soon he will meet two years without going abroad. If they will decide to revoke his PR, what do you think will be the best solution?

Thanks

 

[scylla]

Thanks for your reply,
He's already being investigated, and he didn't spend 2 years between 2011 and 2016, but soon he will meet two years without going abroad. If they will decide to revoke his PR, what do you think will be the best solution?

Thanks

He'll need to leave Canada and reapply for PR from scratch. I would recommend he start researching Canada's immigration programs now since the rules will have significantly changed since the time he became a PR. Detailed information here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada.html

 

[Rob_TO]

Thanks for your reply,
He's already being investigated, and he didn't spend 2 years between 2011 and 2016, but soon he will meet two years without going abroad. If they will decide to revoke his PR, what do you think will be the best solution?

Thanks

Since he doesn't seem to have valid H&C reasons, his best solution may be to accept the revoking of PR, leave Canada, and try to apply again from scratch under a current economic immigration stream.

Or he can decide to appeal, although as mentioned above odds would be low for success. Plus appeal may take several more years only to end in failure and needing to leave Canada anyways.

 

[I love canada 99]

Apply for the GCMS notes if you are curious what the current status and potential outcome will be. Don't renounce until you know they are actually going to issue a 44(1) report. He might get lucky (although having no time in Canada between 2011 and 2016 when he sponsored his family, the chance of them giving him a pass are pretty slim).

Thanks for your reply,
We applied and we knew that he's already being investigated. What does mean 44(1) report? do you think a comptetent lawyer could be useful?

Thanks

 

[I love canada 99]

Yes, the most likely outcome here is IRCC will reject the sponsorship app then move to officially revoke his PR status.



They are already investigating him, so doubtful withdrawing the PR app now would change this.



If they issue the 44(1) report for violation of RO, then it won't matter when he reaches 2 years as it will already be too late.

In hindsight, he was supposed to wait 2 years before initiating any contact with IRCC (like applying to sponsor family).

If the only reason he wasn't living in Canada for those 5 years is due to work/employment, that is generally not accepted as a valid H&C reasons. If 44(1) report is issued to revoke his PR status and he decides to appeal, he can certainly try to convince someone there was some H&C reason, although odds would not be good for success. If he choses to appeal the family sponsorship app would be rejected and would need to re-submit only if appeal was successful (appeals can take 1-2 years to process and hear).

Thanks for your answers, do you think a competent lawyer could help?

 

[I love canada 99]

Since he doesn't seem to have valid H&C reasons, his best solution may be to accept the revoking of PR, leave Canada, and try to apply again from scratch under a current economic immigration stream.

Or he can decide to appeal, although as mentioned above odds would be low for success. Plus appeal may take several more years only to end in failure and needing to leave Canada anyways.

Thanks,

what do you mean by H&C reasons? if he will appeal, can he still live and work in Canada?

 

[Rob_TO]

Thanks for your answers, do you think a competent lawyer could help?

For his current situation, doubtful there is anything a lawyer could do.

If his PR status is revoked and he decides to appeal it on H&C reasons, then he would need a lawyer to guide him through the appeal process and present a strong case. Of course odds are still low for success even with a lawyer.

During the appeal process he can continue to live/work in Canada, but can't sponsor any family members

H&C = Humanitarian and COmpassionate reasons for not meeting the RO. i.e. a sick family member, being removed from Canada as a minor, etc. Typically employment reasons are not valid reasons.

 

[scylla]

Thanks for your answers, do you think a competent lawyer could help?

A lawyer can help with an appeal. However not sure there's much point since crystal clear he doesn't meet the residency obligation and working outside of Canada isn't accepted as an H&C argument. I think going the appeal route will just result in a lot more waiting time and a lot more money being spent without any positive result. I would focus on reapplying from scratch for PR.