What should/Can I do to keep my PR Status ?

[enpower56]

Hi guys,

I'm a bit new here so I'm not really sure of the processes involved.

I have a situation and I don't really understand what to make of it.



A few months ago I applied for a Canadian Visitor's visa for which I got rejected from due to me having unknowingly PR status so I was sent a document that would let me drop PR status in order to receive the Visa but I want to keep the PR status that I only just found out about.


Apparently 30 years back my Father applied and successfully got PR status for me through sponsorship he had at the same time sponsored my brother.

My brother went through a financial situation where he couldn't be supported so my father was sent in to "default" and so he believed that my application would fail.

He never looked in it to so my documents were approved but I had never gotten the opportunity to receive the PR documentation or the landing documents as I had not been able to travel to Canada at the time.


Now however I would like to act upon the reception of this status though it was a very long time ago I wish to appeal the case in order to either get the status formally seen as lost (to try another application for PR) or to keep the status itself as neither I nor anyone else were aware of the status.


So Far going through the nearest Canadian embassy hasn't helped as they only seem to tell me to relinquish thestatus which is something I really don’t want to do without knowing everything. Is there some way I can get


information on what to do about my status or situation?

N.B. The embassy seems reluctant to give any documentation about my PR status but have confirmed that it exists.

 

[steaky]

Have you been to Canada?

 

[enpower56]

Yes, I have a few times to visit but this was before a visa was made necessary to enter the country(By Train). So I never got any official documents relating to the PR status.

 

[Leon]

So I am guessing you are not visa exempt since you applied for a visa. Otherwise you could just go. However, since that is not the case, you can try applying for a PR travel document, see http://www.cic.gc.ca/english/information/applications/travel.asp

However, you do not have very good chances of getting one. They will look at things like you having humane and compassionate grounds for not being able to meet the residency requirements. You can say that you were removed from Canada as a minor child by your parent but then they will however look at if you are returning first chance after becoming an adult. If you were 20 yrs. old, they would probably approve but I assume that is not the case. Of course you could argue that you are returning first chance because you did not actually know that you had PR status but I don't know how far that can stretch.

 

[scylla]

I agree with Leon. Apply for a Travel Document and explain your situation in detail providing any evidence you can to support what happened. I also agree the chances are low you will be able to retain your PR status. But it's worth a try. Good luck.

 

[enpower56]

Alright thanks very much for the replies. I've spent a while researching and contacting my embassy.

I'm thinking about getting a Verification of status/Replacement of an Immigration Document to help confirm my status but would getting the
travel document if possible do more for my case?
Right now Information about my case is very scarce but I'm researching as best I can.

 

[scylla]

Good luck. Let us know how it goes.

 

[Msafiri]

Alright thanks very much for the replies. I've spent a while researching and contacting my embassy.

I'm thinking about getting a Verification of status/Replacement of an Immigration Document to help confirm my status but would getting the
travel document if possible do more for my case?
Right now Information about my case is very scarce but I'm researching as best I can.

PR acquisition for outland applicants is a 2 stage process:

1. Getting the PR stamp at a visa post overseas.
2. Activating your PR visa at a Port of Entry.

It seems that you never underwent 2. Most PRs had a max of 12 months from visa issuance to show up at a POE. So I'm somewhat surprised that the visa office found you to be a PR. Can your father provide you with any documentation? How old were you when the sponsorship was approved?

You mention travelling by train indicating you entered from the US prior to a visa regime being imposed on nationals of your country of citizenship? What is your status in the US? GC holders do not need a visitors visa.

As has been pointed out getting a TD is a hard sell without knowing your details. There does not seem any obvious Humanitarian and Compassionate reasons. At your previous entries into Canada what happened? Did you get sent to secondary inspection? What was your usual admission period? What was your reason for coming to Canada? All these are things that will be reviewed at any appeal when as it appears likely a TD will be rejected.

Getting a verification of status would be the better option. With this document you could try your chances at a land border and if you entered without any issues hang tight in Canada for 2 years then apply for a PR Card as your PR status would now be in good standing.