RO Appeal

[MUSTAFACAN]

You asked @7890033455 whether he/she had mentioned they wanted to come back to Canada for the appeal. Since it doesn't seem like they had been in Canada the year before they can't come to Canada for the appeal. Although your family has been granted access for the appeal process your chances of retaining your PRs remains quite small.

Ok
How can anyone say the chances are very small? On what basis?
In this forum many people said so many things. It's just their opinion.
I was issued A44 report and was also given 1 year PR card .I came back to India and stayed with family for 10 months after that and just 4 days before the expiry of the card I landed and no questioning took place.
Few members said I should look up a lawyer it's risky to stay out of Canada after A44 report etc.
Now my card has expired I applied again and ...my card has been approved.

All I want to say that before we say something we should be sure of it. We don't know how much it effects the other person.

 

[canuck78]

Ok
How can anyone say the chances are very small? On what basis?
In this forum many people said so many things. It's just their opinion.
I was issued A44 report and was also given 1 year PR card .I came back to India and stayed with family for 10 months after that and just 4 days before the expiry of the card I landed and no questioning took place.
Few members said I should look up a lawyer it's risky to stay out of Canada after A44 report etc.
Now my card has expired I applied again and ...my card has been approved.

All I want to say that before we say something we should be sure of it. We don't know how much it effects the other person.

You have already been rejected once and you didn't meet the RO. By law you needed be offered 1 year PR card to be in Canada for your appeal because you had been Canada (briefly) the year before. On top of that you didn't rush back to Canada on your temporary PR card you waited until it had almost expired to come back to Canada. All appeals have little chance of success. The 1 year PR card in no way shows you have a good case it is just procedural. Your own illness is not a good reason when you have good healthcare in Canada. If you are not working with an immigration lawyer you really should.

 

[fateh88]

Ok
How can anyone say the chances are very small? On what basis?
In this forum many people said so many things. It's just their opinion.
I was issued A44 report and was also given 1 year PR card .I came back to India and stayed with family for 10 months after that and just 4 days before the expiry of the card I landed and no questioning took place.
Few members said I should look up a lawyer it's risky to stay out of Canada after A44 report etc.
Now my card has expired I applied again and ...my card has been approved.

All I want to say that before we say something we should be sure of it. We don't know how much it effects the other person.

MUSTAFACAN
can i know about your case, I am dealing with same issue of RO below is my case.

This is regarding me and my Spouse.

I did my 2 years Business Operations diploma (Jan 2010- may 2011) from Toronto and worked as shipping supervisor for 2 years after that (NOC 1215).

I Got PR on 21 jan 2014, and my PR card is expiring on march 2019.

I stayed in Canada from

21 jan 2014 - 24 dec 2014 (around 330 days)

5 may 2016 - 24 october 2016 ( around 170 days)

24 june 2018 - 26 june 2018

Due to some family needs I was not able to maintain my RO.

I have mentioned below doubts/queries at this time-


1. I will be travelling next week to Canada from USA, my query is will i be able to get an entry to Canada without being notified by CBSA officer as I do not meet RO.

Secondly I got married in India and have legal marriage certificate. I would like to sponsor my wife for PR and tourist visa, am I eligible to do so (not meeting RO) considering I get entry in Canada without being notified by CBSA officer or do I have to meet RO to be eligible to apply for sponsorship. Please advise me regarding this.


2. Also I am wondering in case if I apply for tourist visa or PR for my wife will it lead to any opening of any enquiry by CIC and adversely affecting my status too.


3. Should I also consider revoking my current PR, and pursue Express Entry option, as I still have 2 years of work as well education from Canada in the last 10 years, as per the CIC requirements, along with my brother (holding an active Canadian PR until march 2021) that will count as points in my favour, as I have read about the section 44 hearings getting completed in as long as 31 months if issued. So, I am not sure if waiting till the last minute to take this option would be the best.


4. Also my family including my father and mother have active Canadian tourist visas and have visited me in the past, along with me having some active funds in my Canadian bank account, will these factors help me in showing my ties with the country/willingness to settle in the country, and applying Tourist visa and ultimately PR for my wife.

Also, buying a property or business in Canada at this point will be helpful in getting a positive response.

 

[MUSTAFACAN]

MUSTAFACAN
can i know about your case, I am dealing with same issue of RO below is my case.

This is regarding me and my Spouse.

I did my 2 years Business Operations diploma (Jan 2010- may 2011) from Toronto and worked as shipping supervisor for 2 years after that (NOC 1215).

I Got PR on 21 jan 2014, and my PR card is expiring on march 2019.

I stayed in Canada from

21 jan 2014 - 24 dec 2014 (around 330 days)

5 may 2016 - 24 october 2016 ( around 170 days)

24 june 2018 - 26 june 2018

Due to some family needs I was not able to maintain my RO.

I have mentioned below doubts/queries at this time-


1. I will be travelling next week to Canada from USA, my query is will i be able to get an entry to Canada without being notified by CBSA officer as I do not meet RO.

Secondly I got married in India and have legal marriage certificate. I would like to sponsor my wife for PR and tourist visa, am I eligible to do so (not meeting RO) considering I get entry in Canada without being notified by CBSA officer or do I have to meet RO to be eligible to apply for sponsorship. Please advise me regarding this.


2. Also I am wondering in case if I apply for tourist visa or PR for my wife will it lead to any opening of any enquiry by CIC and adversely affecting my status too.


3. Should I also consider revoking my current PR, and pursue Express Entry option, as I still have 2 years of work as well education from Canada in the last 10 years, as per the CIC requirements, along with my brother (holding an active Canadian PR until march 2021) that will count as points in my favour, as I have read about the section 44 hearings getting completed in as long as 31 months if issued. So, I am not sure if waiting till the last minute to take this option would be the best.


4. Also my family including my father and mother have active Canadian tourist visas and have visited me in the past, along with me having some active funds in my Canadian bank account, will these factors help me in showing my ties with the country/willingness to settle in the country, and applying Tourist visa and ultimately PR for my wife.

Also, buying a property or business in Canada at this point will be helpful in getting a positive response.

I couldn't fulfil RO obligation due to health reasons. I had to stay back in India as I went through Cancer treatment. Me and family came to Canada few months before expiry of PR card. Family went back to India. I got A 44 report and a 1 year PR card. Awaiting for Interview from Minister's Delegate .
Family applied for PRTD . Application was refused but got 1 year PRTD. They appealed and will come to Canada next month.

 

[Buletruck]

@fateh88

1. It’s really impossible for anyone here to say whether you will be reported or not. It’s as much luck as it is legalities. Given you don’t meet residency obligation and won’t be able to before the 5 year anniversary of your landing date, any encounter with CBSA or IRCC risks you being reported. Even if you are, you will be allowed to enter.
2. You won’t be able to sponsor your spouse until you meet RO. Any application will be rejected and they will start the process to revoke your PR status.
3. I wouldn’t renounce until you have done a bit of research into your options and find out what happens at the border. Regardless, if you enter unreported, you will be separated from your wife for a while. An appeal process can be long and has limited gaurantees at sucess. Renouncing and reapplying May ultimately be a faster solution.
4. These factors have limited relevance if you are reported. You either meet RO or you don’t. Best intentions and future plans can’t be gaurantees either, so while they carry some weight, it’s pribably very limited.

 

[7890033455]

Thank You.

Where do you live? I am asking because you said IAD sent regural mail instead of email.
My family also filed appeal this month but will be coming to Canada next month as they got PRTD . They were in CAnada last year andthat's the reason they got PRTD.
They gave present address as contact address in India. How do I update the contact address once they land in Canada ?
Did you receive IAD file number ?
Have you not mention that you want to come to CAnada for Appeal? In Notice of Appeal form?

Thanks

@ MUSTAFACAN, I am from Kolkata, India. I got the IAD File Number. But I did not mentioned that I want to return to Canada for hearing.

 

[canuck78]

@ MUSTAFACAN, I am from Kolkata, India. I got the IAD File Number. But I did not mentioned that I want to return to Canada for hearing.

You didn't qualify for a 1 year PR card to return for your appeal so there was no point in asking. You had to have been in Canada the year before filing which is not your case.

 

[7890033455]

You didn't qualify for a 1 year PR card to return for your appeal so there was no point in asking. You had to have been in Canada the year before filing which is not your case.

True @canuck78 . But can you please tell be the below answer.

1. Now If I cross US land boarder and enter Canada and if reported, will it affect my pending Appeal?
2. if not reported. Will it help in anyway and can I do a job there in Canada as I have valid SIN number?
3. If reported at US Boarder, will it affect if I apply new immigration Visa in future?

 

[zardoz]

True @canuck78 . But can you please tell be the below answer.

1. Now If I cross US land boarder and enter Canada and if reported, will it affect my pending Appeal?
2. if not reported. Will it help in anyway and can I do a job there in Canada as I have valid SIN number?
3. If reported at US Boarder, will it affect if I apply new immigration Visa in future?

1. There will be no further report as you have already started the revocation process (subject to appeal).
2. It will make no difference. Until you lose PR status, you are entitled to work.
3. A future visa application will be judged on it's own merits and your previous immigration history will be considered.

 

[7890033455]

1. There will be no further report as you have already started the revocation process (subject to appeal).
2. It will make no difference. Until you lose PR status, you are entitled to work.
3. A future visa application will be judged on it's own merits and your previous immigration history will be considered.

Thank you so much. So in that case I can go to Canada by Air. I hope Immigration officers will not stop me to enter in Canada as my hearing is pending.
So if I entered in Canada, it will be easy for me to get a job offer and then I can apply fresh immigration visa as I am not getting required CSR to apply because I have crossed 52 age.

 

[zardoz]

Thank you so much. So in that case I can go to Canada by Air. I hope Immigration officers will not stop me to enter in Canada as my hearing is pending.
So if I entered in Canada, it will be easy for me to get a job offer and then I can apply fresh immigration visa as I am not getting required CSR to apply because I have crossed 52 age.

You will not be prevented from entering Canada while you are still a PR, even if you are under report/appeal.
Obtaining a meaningful job may be hard. Do not expect it to be "easy".
If you do manage to obtain a qualifying job offer, you can certainly reapply via Express Entry.

 

[MUSTAFACAN]

@ MUSTAFACAN, I am from Kolkata, India. I got the IAD File Number. But I did not mentioned that I want to return to Canada for hearing.

In Notice of appeal form there is a question asking whether you want to appear for the hearing. You have option to say yes or no.
If u opted for yes u need to send request to IAD and if IAD thinks it's necessary for u to appear for the hearing they will ask to issue PRTD for you

 

[canuck78]

Thank you so much. So in that case I can go to Canada by Air. I hope Immigration officers will not stop me to enter in Canada as my hearing is pending.
So if I entered in Canada, it will be easy for me to get a job offer and then I can apply fresh immigration visa as I am not getting required CSR to apply because I have crossed 52 age.

You can only fly to Canada if you have valid PR card. If you can get to a US border and enter you can do that but the process of your PR revocation has started and will continue. You will have to continue fighting to see whether you are able to stay.

 

[MUSTAFACAN]

@ MUSTAFACAN, I am from Kolkata, India. I got the IAD File Number. But I did not mentioned that I want to return to Canada for hearing.

Did u get mail from IAD Canada or from Canadian embassy india?
Thanks.

 

[7890033455]

Did u get mail from IAD Canada or from Canadian embassy india?
Thanks.

IAD Canada