pr card being taken by consulate

[pichu]

hI!
I am a Canadian PR and staying in India since Oct,2013.had some medical issues that is why I was not able to return to Canada for more than a year. I went to consulate general Chandigarh because I need to get some document and they asked me for my PR card.It was taken by them and I was questioned regarding my stay,I deposit all documents related to my stay and all.I am waiting for their reply,several time I visited their office and send some e-mails too but nothing worked.Is this type of situation occurred with someone?who have faced this type of situation?I am in trouble and waiting from almost two months for their revert.Please help me out and guide me how I can get back my pr card because I have to go back very soon.

 

[CanV]

Not sure why you would go to the consulate with a PR card when dont meet your residency requirements, which by the way, do you or do you not? Was what you had to get done at the consulate worth the risk?

If you meet your PR requirements then you have nothing to worry about. If you dont then there is a good chance you would lose your PR status. Have you been in Canada for at least 1 day the past 365 days? That would make a difference in the appeal process.

 

[pichu]

I went there to get non impediment certificate for marriage and yes I stayed there for years

 

[dpenabill]

I am guessing that your PR card was expired, and that was the reason for the Embassy staff confiscating it.

Confiscation of the PR card is unusual, at the least, but of course an expired PR card is of no use as a Travel Document, it belongs to the Canadian government, so if yours was expired it is no surprise they took it.

You can only apply for a new or replacement PR card from within Canada. So to obtain a new PR card, you will need to first travel to and be in Canada. Even if you get to Canada, however, you are only eligible for a new PR card if you are in compliance with the PR Residency Obligation, which requires presence in Canada for at least 730 days in the preceding five years.

To get to Canada, a PR abroad without a currently valid PR card must ordinarily apply for and obtain a PR Travel Document. This application is made to the Embassy. This is not a PR card. It is ordinarily a one-use Travel Document. It allows the PR abroad to board a flight destined to Canada and suffices as proof of status at the POE in Canada.

To obtain the PR Travel Document the PR abroad must apply for it. A PR abroad without a currently valid PR card is presumed to NOT have valid PR status, so it is important to include proof with the application that the PR Residency Obligation has been met . . . or, in the alternative (which appears to be your situation), to prove there are adequate H&C reasons justifying the retention of PR status despite being in breach of the Residency Obligation.

If the application for a PR Travel Document is denied, that constitutes an adjudication of PR status. If not appealed, it thus constitutes revocation of PR status and the individual is, thus, no longer a Canadian PR. It can be appealed. A PR who appeals the denial of a PR Travel Document may apply for a special PR Travel Document in order to travel to Canada, but unless the PR has been physically in Canada within the previous year this is discretionary and is often denied.

If the appeal is denied, PR status is lost.

 

[CanV]

I went there to get non impediment certificate for marriage and yes I stayed there for years

You stayed where for years? In the consulate? My question was clear, were you in Canada for at least 1 day in the past 365 days? If yes then you may be issued a PRTD to come back to Canada and appeal, if the consulate isnt satisfied with your initial PRTD application.

 

[pichu]

I am here since Oct,2013 and before that I was staying in Canada since 2006.I traveled to India for 3-4 times for around 1 month time period every time.I wrote a mail to embassy few month earlier to issue my LIEU OF NON IMPEDIMENT CERTIFICATE(no objection certificate for marriage)I received a revert to get my PR card along with the fee. When I visited their office, they ask me to give my PR card but they never asked me for the purpose I Visited there. I was asked several question by different people regarding my stay for the particular March month and asked to deposit all the proofs related to that(my medical records) I did that but its more than 2 months I have not receive any call or mail. I tried to contact them but they are saying its under process and my documents have been sent to Delhi and they will solve my case. My marriage and future is in trouble. I have to get back to Canada as soon as possible but not receiving any positive response. My intuition is saying that somebody had made any false complaint against me, It could be the reason that consulate general is not able to take any decision. Is it possible

 

[Alurra71]

Something sounds wrong with this entire conversation to me like there are lots of missing details. Are you Indian? Why would you need to go to a consulate to get a marriage certificate if you are Indian? Is that what every other Indian does? I don't understand what your PR status, IN CANADA, has to do with your ability to apply for a marriage license in India ....

To answer your question, if someone has made a 'complaint' against you it is not the way of CIC to take your PR card from you. They may investigate you if they feel a valid complaint has been lodged, however, they usually reserve this for when you are asking for some sort of official CIC documents. Did you ask for a PRTD or fill out an application to renew your PR card, or send in a sponsorship application for your wife, or SOMETHING to trigger CIC to want to look at your status? If the answer is no, then it still makes no sense why the consulate would take your PR card.

 

[rajmalhotra7]

I am here since Oct,2013 and before that I was staying in Canada since 2006.I traveled to India for 3-4 times for around 1 month time period every time.I wrote a mail to embassy few month earlier to issue my LIEU OF NON IMPEDIMENT CERTIFICATE(no objection certificate for marriage)I received a revert to get my PR card along with the fee. When I visited their office, they ask me to give my PR card but they never asked me for the purpose I Visited there. I was asked several question by different people regarding my stay for the particular March month and asked to deposit all the proofs related to that(my medical records) I did that but its more than 2 months I have not receive any call or mail. I tried to contact them but they are saying its under process and my documents have been sent to Delhi and they will solve my case. My marriage and future is in trouble. I have to get back to Canada as soon as possible but not receiving any positive response. My intuition is saying that somebody had made any false complaint against me, It could be the reason that consulate general is not able to take any decision. Is it possible

Why you applied for LIEU OF NON IMPEDIMENT CERTIFICATE(no objection certificate for marriage). Had you not applied for this certificate, your PR card would not have taken away. As a PR, you could have marry anyone of your choice in your home country. And when you move to Canada, you could have sponsored your spouse. There is no requirement for Canada to get any certificate from Canadian consulate/embassy before or after your marriage. What is your home country?

 

[pichu]

Hi! I am an India, holding Indian Passport but due to the lost passport I applied for the new one, Which contains my Canadian address and according to CIC rules, if any PR or Canadian Citizen who is having Canadian Address on his passport and getting married outside Canada, needs to get Lieu of non impediment certificate in which he /she needs to mention their future spouse's detail and this certificate shows that applicant is not married earlier or not having any kind of criminal record to avoid convenience/fraud marriages.so I sent an email and asked about the procedure of this document. I received an email to get a copy of PR card and application fee and I visited their. They never asked me about my marriage an all, just told me to deposit my PR card and that is with them till date. I didn't want any kind of problem during the sponsorship of my spouse that is why I went their to get that certificate.

 

[Alurra71]

Hi! I am an India, holding Indian Passport but due to the lost passport I applied for the new one, Which contains my Canadian address and according to CIC rules, if any PR or Canadian Citizen who is having Canadian Address on his passport and getting married outside Canada, needs to get Lieu of non impediment certificate in which he /she needs to mention their future spouse's detail and this certificate shows that applicant is not married earlier or not having any kind of criminal record to avoid convenience/fraud marriages.so I sent an email and asked about the procedure of this document. I received an email to get a copy of PR card and application fee and I visited their. They never asked me about my marriage an all, just told me to deposit my PR card and that is with them till date. I didn't want any kind of problem during the sponsorship of my spouse that is why I went their to get that certificate.

So they wanted a COPY of your PR card and you left them with the actual PR card? I'm afraid you are now stuck until they finish with your paperwork and return your PR card. This may or may not put you in breach of your RO. Always make a photocopy of your card to hand in with paperwork, where necessary, never give your card to anyone to hold on to.

 

[rajmalhotra7]

Hi! I am an India, holding Indian Passport but due to the lost passport I applied for the new one, Which contains my Canadian address and according to CIC rules, if any PR or Canadian Citizen who is having Canadian Address on his passport and getting married outside Canada, needs to get Lieu of non impediment certificate in which he /she needs to mention their future spouse's detail and this certificate shows that applicant is not married earlier or not having any kind of criminal record to avoid convenience/fraud marriages.so I sent an email and asked about the procedure of this document. I received an email to get a copy of PR card and application fee and I visited their. They never asked me about my marriage an all, just told me to deposit my PR card and that is with them till date. I didn't want any kind of problem during the sponsorship of my spouse that is why I went their to get that certificate.

When I got married, I had Canadian address on my Indian passport (because I renewed my Indian passport in Canada) and I was PR as well. I sponsored my wife easily and never applied for any certificate. 3 of my friends who were Canadian citizen at the time of their marriage, sponsored their spouses but never got any certificate. I do not know if there is a CIC rule for that, because we never got one. However, if there is any recent requirement from CIC on this certificate then I may not be aware because we got married and sponsored our spouses quite a few years ago.