Entered Canada as a vistor while waiting for PR Appeal

[Xuny]

Hi all,

I got my pr in Quebec in 2005 but I did not stay and came back to my country. I got a visitor visa to Canada without thinking about my pr in 2016 and my wife came to Canada and gave birth. However, I work for a Canadian business in my country from 2016 and then I just applied for a PRTD but it was refused. They said I can appeal within 60 days. I applied for the appeal but not yet receive any further information. I am currently in Canada with my wife and son.

More detail about my case:
I have a son born in Ontario in 2017
I have 1 brother is studying phd in quebec, 1 sister is Canadian citizen, and all of my cousins are studying in Quebec.

Now, I wonder how to check my appeal status and whether I can work or study in Canada now?
Can I win the appeal if I prove them that even I reapply pr I am still qualified? What is the best way I can do now?

Thank you for reading my case.

 

[scylla]

Hi all,

I got my pr in Quebec in 2005 but I did not stay and came back to my country. I got a visitor visa to Canada without thinking about my pr in 2006 and my wife came to Canada and gave birth. However, I work for a Canadian business in my country from 2006 and then I just applied for a PRTD but it was refused. They said I can appeal within 60 days. I applied for the appeal but not yet receive any further information. I am currently in Canada with my wife and son.

More detail about my case:
I have a son born in Ontario in 2007
I have 1 brother is studying phd in quebec, 1 sister is Canadian citizen, and all of my cousins are studying in Quebec.

Now, I wonder how to check my appeal status and whether I can work or study in Canada now?
Can I win the appeal if I prove them that even I reapply pr I am still qualified? What is the best way I can do now?

Thank you for reading my case.

To win the appeal, you must demonstrate that you had strong H&C reasons for being unable to meet the residency obligation. Working or studying outside of Canada are not accepted as H&C reasons.

No - you will not win the appeal if you prove that you are qualify to reapply for PR.

 

[canuck78]

You can't get a visitor visa as a PR. When did you file for PRTD? You post is very confusing because PRTD is a travel document but you say you are in Canada already.

 

[Xuny]

To win the appeal, you must demonstrate that you had strong H&C reasons for being unable to meet the residency obligation. Working or studying outside of Canada are not accepted as H&C reasons.

No - you will not win the appeal if you prove that you are qualify to reapply for PR.

I mean can I work or study while waiting for appeal?

 

[Xuny]

You can't get a visitor visa as a PR. When did you file for PRTD? You post is very confusing because PRTD is a travel document but you say you are in Canada already.

I got visitor visa on Dec 2016, applied PRTD on Jun 2018 then be refused. Then I came to Canada (Sep 2018) with my visitor visa and pass the immigration very easy.
I want to work or study during this time to get more point and evidences (as a PR) to show my interest to settle in Canada. But I don’t know what is my “real” status because I cannot study or work with a visitor visa.

 

[zardoz]

I got visitor visa on Dec 2016, applied PRTD on Jun 2018 then be refused. Then I came to Canada (Sep 2018) with my visitor visa and pass the immigration very easy.
I want to work or study during this time to get more point and evidences (as a PR) to show my interest to settle in Canada. But I don’t know what is my “real” status because I cannot study or work with a visitor visa.

Hang on a minute... If you a) were denied a PRTD and b) have been granted a TRV, you can't be a PR any longer. You *must* be a "foreign national", so no, you can't work or study. Exactly HOW did you obtain the visitor visa?

 

[Xuny]

Hang on a minute... If you a) were denied a PRTD and b) have been granted a TRV, you can't be a PR any longer. You *must* be a "foreign national", so no, you can't work or study. Exactly HOW did you obtain the visitor visa?

They asked me to apply for an appeal in 60 days and I did, I read on cic page and found that pr status remain until final decision.
I just apply visitor visa online through cic website and got it. At the time I applied visitor visa I even didn’t know about what is PRTD.
When I enter USA (i got usa visa too), they interviewed me 2 rounds and asked many questions about my tie in canada (don’t know why).

 

[canuck78]

Still doesn't make sense. PRs shouldn't be able to get a visitor visa. PRTD refusal should lead to your loss of PR.

 

[Xuny]

Still doesn't make sense. PRs shouldn't be able to get a visitor visa. PRTD refusal should lead to your loss of PR.

It is my current situation and I am confused too
Do you know how to check my exact status ? A visitor is waiting for a PR appeal ???

 

[scylla]

It is my current situation and I am confused too
Do you know how to check my exact status ? A visitor is waiting for a PR appeal ???

There's no such thing. That's why your situation is confusing. A TRV can only be approved if your PR status is already lost.

 

[Xuny]

There's no such thing. That's why your situation is confusing. A TRV can only be approved if your PR status is already lost.

What about the appeal? If my pr status was lost, they should send me the determination rather than the appeal process, right?