Family's statuses in limbo after years

[Shakira94]

This is going to be long. My family and I (2 parents and 4 sisters) became PRs in 2012. Our ages were 24, 22, 18 (me), 8. My parents couldn’t move at the time due to some complications back home and because we’re from Pakistan, our mother wasn’t comfortable sending us alone due to cultural reasons.

During the next 5 years, my older sisters got married. Neither sponsored their husbands because they couldn’t stay in Canada without them (again cultural reasons). In 2017, we decided to apply for PR renewals based on humanitarian grounds. My oldest sister chose not to.

In 2019, we entered Canada through the US since they called us for interviews. I was the only one who got a full renewal while the others only got 1 year PRs with their final decisions pending. My sister (second one, now 29) was pregnant so she decided to stay in Canada to deliver her daughter and went back to Pakistan after the delivery.

With still no update from IRCC, my second sister (now 33) returned to deliver her second baby in July 2023. Since then she is in Canada. My parents renounced their PRs in August 2023 because they had no intention of staying.

In October 2023, IRCC emailed that they’re finally going to revisit their cases and if they have any updated evidence. My older sister stated that she wants to live here with her Canadian children while my younger one stated that she was a minor at the time and literally had zero say and would like a chance.

Since then, crickets. There’s no correspondence from IRCC. My parents visit visas are pending despite them clearly showing evidence they don’t want to live here and would just like to visit their children. MP has no update either. What can my family do? IRCC should either issue removal orders or grant PRs but having their decisions pending since 4 years is insane. I’m a citizen now and my husband is a PR so my status is clear, which I’m hoping does show IRCC that my family intends to do the same.

 

[scylla]

This is going to be long. My family and I (2 parents and 4 sisters) became PRs in 2012. Our ages were 24, 22, 18 (me), 8. My parents couldn’t move at the time due to some complications back home and because we’re from Pakistan, our mother wasn’t comfortable sending us alone due to cultural reasons.

During the next 5 years, my older sisters got married. Neither sponsored their husbands because they couldn’t stay in Canada without them (again cultural reasons). In 2017, we decided to apply for PR renewals based on humanitarian grounds. My oldest sister chose not to.

In 2019, we entered Canada through the US since they called us for interviews. I was the only one who got a full renewal while the others only got 1 year PRs with their final decisions pending. My sister (second one, now 29) was pregnant so she decided to stay in Canada to deliver her daughter.

With still no update from IRCC, my second sister (now 33) returned to deliver her second baby in July 2023. Since then she is in Canada. My parents renounced their PRs in August 2023 because they had no intention of staying.

In October 2023, IRCC emailed that they’re finally going to revisit their cases and if they have any updated evidence. My older sister stated that she wants to live here with her Canadian children while my younger one stated that she was a minor at the time and literally had zero say and would like a chance.

Since then, crickets. There’s no correspondence from IRCC. My parents visit visas are pending despite them clearly showing evidence they don’t want to live here and would just like to visit their children. MP has no update either. What can my family do? IRCC should either issue removal orders or grant PRs but having their decisions pending since 4 years is insane. I’m a citizen now and my husband is a PR so my status is clear, which I’m hoping does show IRCC that my family intends to do the same.

Hire a lawyer and file mandamus.

 

[Ponga]

This is going to be long. My family and I (2 parents and 4 sisters) became PRs in 2012. Our ages were 24, 22, 18 (me), 8. My parents couldn’t move at the time due to some complications back home and because we’re from Pakistan, our mother wasn’t comfortable sending us alone due to cultural reasons.

During the next 5 years, my older sisters got married. Neither sponsored their husbands because they couldn’t stay in Canada without them (again cultural reasons). In 2017, we decided to apply for PR renewals based on humanitarian grounds. My oldest sister chose not to.

In 2019, we entered Canada through the US since they called us for interviews. I was the only one who got a full renewal while the others only got 1 year PRs with their final decisions pending. My sister (second one, now 29) was pregnant so she decided to stay in Canada to deliver her daughter.

With still no update from IRCC, my second sister (now 33) returned to deliver her second baby in July 2023. Since then she is in Canada. My parents renounced their PRs in August 2023 because they had no intention of staying.

In October 2023, IRCC emailed that they’re finally going to revisit their cases and if they have any updated evidence. My older sister stated that she wants to live here with her Canadian children while my younger one stated that she was a minor at the time and literally had zero say and would like a chance.

Since then, crickets. There’s no correspondence from IRCC. My parents visit visas are pending despite them clearly showing evidence they don’t want to live here and would just like to visit their children. MP has no update either. What can my family do? IRCC should either issue removal orders or grant PRs but having their decisions pending since 4 years is insane. I’m a citizen now and my husband is a PR so my status is clear, which I’m hoping does show IRCC that my family intends to do the same.

Clearly this is something that requires professional assistance, rather than those of us offering [mostly] opinions.

One thing that stands out to me is that your older sister appears to still have her PR status, right? Just because she opted not to apply to renew her PR Card in 2017 (the card expires; PR status does not) she is still a PR. She would likely be unable to return to Canada via a commercial carrier, since a valid PR Card is usually required, but could enter from the U.S. at a land PoE and would be allowed to enter Canada unless CBSA sees that her status has been revoked, or renounced, which it seems that neither has happened. The obvious problem would be that she could be reported by the CBSA officer for breaching her R.O. to maintain status. If she is not reported, she would need to remain in Canada for 730 days (or more) to then be in compliance with the Residency Obligation to apply for a renewed PR card. Not having a valid card would likely be an issue with things such as obtaining health care, possibly working, obtaining a driver license, etc., during that time frame.

Perhaps it would be a good time to seek qualified legal assistance, or at the very least a consultation.

Good luck!

 

[Shakira94]

Hire a lawyer and file mandamus.

My family's worried that this will force IRCC to make a negative decision.

 

[Shakira94]

Clearly this is something that requires professional assistance, rather than those of us offering [mostly] opinions.

One thing that stands out to me is that your older sister appears to still have her PR status, right? Just because she opted not to apply to renew her PR Card in 2017 (the card expires; PR status does not) she is still a PR. She would likely be unable to return to Canada via a commercial carrier, since a valid PR Card is usually required, but could enter from the U.S. at a land PoE and would be allowed to enter Canada unless CBSA sees that her status has been revoked, or renounced, which it seems that neither has happened. The obvious problem would be that she could be reported by the CBSA officer for breaching her R.O. to maintain status. If she is not reported, she would need to remain in Canada for 730 days (or more) to then be in compliance with the Residency Obligation to apply for a renewed PR card. Not having a valid card would likely be an issue with things such as obtaining health care, possibly working, obtaining a driver license, etc., during that time frame.

Perhaps it would be a good time to seek qualified legal assistance, or at the very least a consultation.

Good luck!

Yes, my oldest sister is still technically a PR but the reason she hasn't done anything about it is simply because she doesn't care and has no interest in Canada. It's my other two sisters who want to stay here. Would it be better for our family if the oldest renounces it?

 

[scylla]

My family's worried that this will force IRCC to make a negative decision.

Ultimately your choice. Mandamus really the main option you have right now other than waiting.

I don't agree this will force IRCC to make a negative decision. It will simply force a decision. Some family members (like your younger sister) sound like they have much stronger cases than others.

 

[Shakira94]

Ultimately your choice. Mandamus really the main option you have right now other than waiting.

I don't agree this will force IRCC to make a negative decision. It will simply force a decision. Some family members (like your younger sister) sound like they have much stronger cases than others.

My older sister is currently sponsoring her husband while she's in Canada with her two children and hoping her ties will increase by the time they make decision. Even I'm pretty certain my younger one should get a positive decision. On a side note, she's also gotten into UofT and gotten a scholarship. She wants to return to Canada in the Fall. Should we be sending her approval letters to IRCC?

 

[canuck78]

My older sister is currently sponsoring her husband while she's in Canada with her two children and hoping her ties will increase by the time they make decision. Even I'm pretty certain my younger one should get a positive decision. On a side note, she's also gotten into UofT and gotten a scholarship. She wants to return to Canada in the Fall. Should we be sending her approval letters to IRCC?

If your sister hasn’t met her RO and her PR card renewal is still under review she shouldn’t be applying to sponsor her spouse. This will likely trigger review of her file. She should really be sorting out her status before sponsoring anyone else. Hopefully she is working in Canada and has not received social assistance because that could be an issue for family sponsorship as well. Although there is no technical income requirement you need to show that you can provide for your family financially without government help to qualify to sponsor your family.

 

[canuck78]

My older sister is currently sponsoring her husband while she's in Canada with her two children and hoping her ties will increase by the time they make decision. Even I'm pretty certain my younger one should get a positive decision. On a side note, she's also gotten into UofT and gotten a scholarship. She wants to return to Canada in the Fall. Should we be sending her approval letters to IRCC?

Your youngest sister isn’t guaranteed a PR card renewal because she actually applied a long time ago when her situation was much different and she appears to be around 20 if not older when she is attempting to return not 18. She also spent very little time in Canada so has minimal ties to Canada. She may need to provide a valid PR card to be able to attend U of T or get the scholarship. Does she have a SIN#? In general starting her studies without knowing if she will be able to stay in Canada is a risk. If she was entering for the first time without having applied for PR card renewal around 5 years ago the situation would be less complex but the fact that she applied for PR card renewal 5 years ago makes her situation more complicated than a young person trying to return to Canada based on “having been removed as a minor”. You also returned at 18 which is different than 20+ years and your family has had a lot of interaction with IRCC so she couldn’t claim that she was not unaware of the need to return to Canada as soon as possible as an adult or the ability to return to Canada using the US border. She should really attempt to sort out her status in Canada as soon as possible and be working with a lawyer.