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Can my kids get their status back

Feb 15, 2017
1
0
1. We got our PR card and landed , 2004. Ontario
2. We renewed the PR card back in 2009
3. We were not staying in Canada after that and in 2014 we were stopped at the border US to Can and a Immigration complaint form was filed that we are not meeting our obligations. they also told us to give up our PR status and took our cards and had us fill out a Voluntary giveup of PR.

4. I know we do not have a shot at all as too much time has passed to appeal

5. The main reason to get some idea of possibility is that my Daughter (still a minor 17 years and turns 18 in later this year. wants to appeal and see if she can get her PR status back. I have heard that there was some precedence when the kids can appeal if their parents had given up the PR status. I have a younger son also. She wants to move to Canada with her Aunt and attend college in Ontario.


Any ideas?
Thanks
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
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Toronto
Category........
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Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
someguyinworld said:
4. I know we do not have a shot at all as too much time has passed to appeal

5. The main reason to get some idea of possibility is that my Daughter (still a minor 17 years and turns 18 in later this year. wants to appeal
I don't understand, how long ago did this happen? If its passed the time for appeal, how can they possibly appeal now? You get a window of time to appeal, and if you don't appeal during that time your PR statuses are all officially revoked. Once revoked, there is nothing more to appeal as the decision would be final.

What is supposed to happen, is CBSA will simply report you. They can ask if you want to voluntarily give up PR status on the spot and enter Canada as a visitor, but really you don't need to and will have the option to enter Canada as a PR and appeal. I think you need to send the appeal notice with a certain amount of time (30 days?).

So if your kids didn't sign the voluntary renouncing of their PR status at the border, and it's still within the allowable time to appeal, then yes they can appeal this. As minors they would both have excellent chances to retain their PR status since they were removed from Canada as minors.

But if your kids already signed to voluntarily renounce their PR status, or if the time for appeal has passed, then they are most likely completely out of luck.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
someguyinworld said:
3. We were not staying in Canada after that and in 2014 we were stopped at the border US to Can and a Immigration complaint form was filed that we are not meeting our obligations. they also told us to give up our PR status and took our cards and had us fill out a Voluntary giveup of PR.
As you voluntarily gave up PR status in 2014, there is nothing that can be done to regain your child's PR status.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
canuck_in_uk said:
As you voluntarily gave up PR status in 2014, there is nothing that can be done to regain your child's PR status.
I must have missed the 2014 info. If this was indeed 3 years ago, then all their PR statuses (including children) are long gone so there is nothing to appeal.