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help me, relinquish Pr status or withdraw the declaration?

F

fdry

Newbie
Sep 8, 2012
5
0
Hi everyone in forum,
I have tough trouble to go through while I apply for a Temporary Vistor visa.
I was granted a PR in June 1999 and landed onto in Aug 1999.I stayed in country until Jan 2000 and tured back to hometown.
Unfortunately my landing doc. was stolen accidently at hometown.I supposed without the landing paper I would not come back canada again as I didn't know the travel document will solve the problem well.So I was disappointed all the time from then on. I thought I would never coma back canada.
Last Month I applied a temporary vistor visa for travelling to canada.I was emailed and called by embassy that I have two options to select. option 1 is
firstly relinquishing the PR status and then I will be entitled to apply for Temporary vistor visa. option 2 is to submit a request to withdraw temporary vistor visa and submitting the travel doecument application.

what should I do for the selections?
If I selected option 2 to withdaw the temporary vistor visa application, I am wondering if the beijing embassy could stop investigating my PR eligibility and not reporting me in A(44) report? I wonder if I could express my miserable experience into humanitarian ground while losing landing paper, even no knowledge to resort to travel document application?

I read through many posts here in forum. I have no landing paper and PR card, I have US visa , could I have the chance to cross border into canada and stay in canada for 2 years?
 
following is the email from the embassy, please help me analyze the situation: if I select option 2 , will they stop reporting me ? help me pls

"This refers to your application for a Canadian Temporary Resident Visa. Subsequent to our telephone conversation, please find the attached three documents for your review and completion:
i. The “Consent to decision on residency obligation and waiver of appeal rights resulting in loss of status under A46(1)(b)” form (Consent to decision on residency form);

ii. the Permanent Resident Determination application form (IMM5524E); and

iii. Declaration: Voluntary Relinquishment of Permanent Status/Residency Obligation Not Met (IMM5538B)



Option 1

In order to relinquish your permanent resident status, you must carefully review the Consent to decision on residency form attached to this email. If, once reviewed, you agree that you do not meet the criteria to fulfill the obligations of permanent residency as outlined under section 28 of the Immigration and Refugee Protection Act (IRPA), and you would like to voluntarily declare that you have failed to comply with the residency obligations of IRPA, please complete and sign Part 1 and Part 2 of the Consent to decision on residency form. Please also ensure that your signature is witnessed by another individual by ensuring that they, too, sign the consent form.



Please note that by completing the Consent to decision on residency form you are voluntarily relinquishing your permanent resident status. In relinquishing your status you are now able to apply for a Temporary Resident Visa.



You landed in Canada as a permanent resident, but are now indicating that you no longer meet the obligations of permanent residency. In order for our office to complete your Temporary Resident Visa application, our office needs to make a determination on your permanent residency status in order to validate your claims. Therefore, you are required to submit a fully completed Permanent Resident Determination application form (Application for a Travel Document). Please be advised that there is no extra costs for processing your Permanent Resident Determination.



Please submit fully completed Consent to decision on residency form, Application for a Travel Document form and Declaration: Voluntary Relinquishment of Permanent Status/Residency Obligation Not Met (all three forms are attached)



To ensure that your application is processed efficiently and in a timely manner, please save these documents to your computer, complete them and submit them to the Visa Application Centre at your earliest convenience.



Option 2

If you decide not to relinquish your permanent resident status, you must first complete and submit a Request to Withdraw for the Temporary Resident Visa application that is currently in process. Once your file is withdrawn and you have received your documents, you may then complete a PRTD application and submit it to us via the Visa Application Centre.
"
 
To me, it does not say they will automatically investigate your status if you withdraw your visit visa application. They give you the option to withdraw your visit visa application and say that you would then be free to apply for a travel document so they can investigate and decide on your PR status but it does not say that you have to.

If you want to attempt to keep your PR status, you should at least first withdraw your request for a visit visa.

You then have 2 options.

Option 1: You can apply for a PR TD but I do not think you have a strong application. If you cared about your PR status back then, why did you not immediately go to the embassy and report your landing document stolen? Instead you stayed outside for 12 years without doing anything. Did you at least have good reasons other than the stolen travel document for staying outside Canada? Were you taking care of a sick parent all these years and can prove it? If you were, you might have a stronger application.

Option 2: Apply for a copy of your landing document, see http://www.cic.gc.ca/english/information/applications/certcopy.asp
Once you get it, as long as they give it to you without investigating your status and revoking your PR at the same time, you can go to the US and try to enter Canada from the US border in a private or rented car or by foot. It is still possible that when you try to enter Canada with a copy of a landing document and no PR card that they will report you for not meeting the requirements and you will have to appeal to keep your PR and basically go through the same thing as you would if you had followed option 1 and applied for a travel document. It is also possible that they will give you a lecture and then allow you to enter anyway and you can stay your 2 years and then apply to renew. I have no idea how likely you are to succeed. Maybe not very likely. After all, it has been 12 years. That is a long time. Back in 2000, you would normally have lost your PR for staying away for 6 months.
 
Hi


Leon said:
To me, it does not say they will automatically investigate your status if you withdraw your visit visa application. They give you the option to withdraw your visit visa application and say that you would then be free to apply for a travel document so they can investigate and decide on your PR status but it does not say that you have to.

If you want to attempt to keep your PR status, you should at least first withdraw your request for a visit visa.

You then have 2 options.

Option 1: You can apply for a PR TD but I do not think you have a strong application. If you cared about your PR status back then, why did you not immediately go to the embassy and report your landing document stolen? Instead you stayed outside for 12 years without doing anything. Did you at least have good reasons other than the stolen travel document for staying outside Canada? Were you taking care of a sick parent all these years and can prove it? If you were, you might have a stronger application.

Option 2: Apply for a copy of your landing document, see http://www.cic.gc.ca/english/information/applications/certcopy.asp
Once you get it, as long as they give it to you without investigating your status and revoking your PR at the same time, you can go to the US and try to enter Canada from the US border in a private or rented car or by foot. It is still possible that when you try to enter Canada with a copy of a landing document and no PR card that they will report you for not meeting the requirements and you will have to appeal to keep your PR and basically go through the same thing as you would if you had followed option 1 and applied for a travel document. It is also possible that they will give you a lecture and then allow you to enter anyway and you can stay your 2 years and then apply to renew. I have no idea how likely you are to succeed. Maybe not very likely. After all, it has been 12 years. That is a long time. Back in 2000, you would normally have lost your PR for staying away for 6 months.
Click to expand...

CIC as of 27/08/12 no longer issues certified true copies of documents. http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob465.asp
 
Missed it by days then. I guess that is not an option any more then. Unless he gets the historical unverified document saying that he was a PR and landed on such and such date but I doubt they will even let him enter Canada with that.

This leaves the option of applying for a travel document and listing all his heartbreaking H&C reasons for why he could not meet the requirements.
 
Thank you , Leon and PMM

I found a transtion period for VOS application until Sept.,11 2012, I will use this transition period to request a VOE document then.
Transition Period

"Starting August 27, 2012 there will be a transition period of two weeks to facilitate the implementation of these changes and to permit the processing of VOE applications submitted up to September 11, 2012.

During this transition period, new VOS application forms received by the local office will be immediately forwarded to the QRC without further action by local office. Old VOE application forms received at the local office or visa office during this period only will be received, reviewed, and if found complete forwarded to the QRC until September 11, 2012.

Applicants who submit a VOE application form to a local office or to a visa office before September 11, 2012 will receive a certified copy of their immigration document. Applicants who use the new VOS application form during the transition period will receive the plain paper VOS document.

All applications for VOE received after September 11, 2012 must be returned to the client with a letter (see Appendix A) explaining that the new VOS application form must be completed and submitted directly to the QRC for processing. Any VOE applications received by the QRC after September 11, 2012, will be returned to the applicant with this letter instructing them to use the new VOS form.

Local offices will no longer accept any applications for either the VOE or VOS after September 11, 2012."
 
I paid for the fee for VOS on Sept.10 ,2012 just one day prior to the stipulated transition period(Aug 27-Sept.10) of VOS request.
Maybe the mailed application package will be reached to CIC after Sept.11. Does it mean I have the possibility geting the certified true copy of
landing document?

Thanks for responder!
 
I think if it arrives after the date, you will have missed the deadline.
 
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