Living In Canada with PR rights but CIC rejected the PR Card renewal applications!

[Qshajy]

Hi everyone, I am a Canadian Citizen asking about my mom's PR.

She has been living and working in Canada since 2015 and also paying taxes and using health card but CIC refused to accept the PR card renewal application saying that my mom's PR status was expired in 2004 when she missed the opportunity to appeal... So here is the backstory:

- My mom came to Canada in 1995 as a PR and received her landing documents, health card and Social Insurance Number.
- Left Canada in 1996.
- Got Divorced in 2002 and my dad took her all original documents.
- my mom applied to come back to Canada in 2004 and the visa office gave her an appeal to file which my mom missed out on.
- I came back to Canada in 2014.
- My mom applied for a visitor visa and came back in 2015.
- Applied for status verification and it showed her status as PR.
- She received the same health card from service Ontario and has been living here since 2015.
- We applied for the PR card and CIC refused to give the PR card saying that her status was expired in 2004.

What are the possible options do we have here?

TIA

 

[canuck78]

How did she check her PR status? She shouldn't have been able to get a TRV if she was a PR. How did she renew her OHIP?

 

[zardoz]

Hi everyone, I am a Canadian Citizen asking about my mom's PR.

She has been living and working in Canada since 2015 and also paying taxes and using health card but CIC refused to accept the PR card renewal application saying that my mom's PR status was expired in 2004 when she missed the opportunity to appeal... So here is the backstory:

- My mom came to Canada in 1995 as a PR and received her landing documents, health card and Social Insurance Number.
- Left Canada in 1996.
- Got Divorced in 2002 and my dad took her all original documents.
- my mom applied to come back to Canada in 2004 and the visa office gave her an appeal to file which my mom missed out on.
- I came back to Canada in 2014.
- My mom applied for a visitor visa and came back in 2015.
- Applied for status verification and it showed her status as PR.
- She received the same health card from service Ontario and has been living here since 2015.
- We applied for the PR card and CIC refused to give the PR card saying that her status was expired in 2004.

What are the possible options do we have here?

TIA

I don't think that a Verification of Status is proof of PR status. It's a way to get copies of the information from previous immigration records.
Your mother has probably lost PR status many years ago and has been accessing employment and OHIP illegally. Time to get a lawyer involved?

 

[Buletruck]

Definitely lawyer up. The fact she received a TRV indicates she was no longer a PR when she entered.

 

[Qshajy]

Thanks everybody for the replies. I talked to a lawyer and he said that he's gonna get a fresh decision from CIC and then challenge it in court based on the following facts:
- The verification of status shows her as a PR.
- She's been here for more than 3 years.
- She doesn't have anyone back home.

Do you think that's the route we should take? (Btw, all of these facts are true)

 

[canuck78]

Would suggest she not use OHIP until you get some more clarification. Don't quite understand how she thought she still had her PR when she tried to file a PRTD and never followed-up if she never heard from them again. Why did she apply for a TRV the second time and not another PRTD? That would somewhat indicate that she knew she had lost status. This scenario scares me. Not that I actually thought the government kept track of people. How old is she? Can she care for herself? Why would she not be able to come through PGP like other parents? I don't think the lawyer can really say whether she has a good chance at an H&C.

 

[canuck78]

How long did your mother spend in Canada (months)? Were you born in Canada?

 

[Qshajy]

My mom didn't have anyone to guide her back home. She just followed whatever any lawyer or consultant suggested. I wasn't born in Canada but came here in 2014. (I am 20 rn, maybe this can help somewhat).
- My mom came back in Oct 2015. Someone told us to apply for verification of status and we went to service ontario, gave them all the documents and they issued her the health card (same number as before).
- My mom is 44 rn.

 

[canuck_in_uk]

Thanks everybody for the replies. I talked to a lawyer and he said that he's gonna get a fresh decision from CIC and then challenge it in court based on the following facts:
- The verification of status shows her as a PR.
- She's been here for more than 3 years.
- She doesn't have anyone back home.

Do you think that's the route we should take? (Btw, all of these facts are true)

Verification of Status does not prove status. As stated in the guide, it shows "historical information". In her case, it showed is that she was a PR at some point, NOT that she was still a PR.

Her PR status was lost when she failed to appeal in 2004. The fact that she was issued a TRV is proof of that. She has been illegally working and illegally accessing healthcare/social benefits for years.

 

[canuck78]

You can say that your mother was ignorant but that isn't really an excuse. The service Ontario employee is actually the one who made a mistake and should not have replaced the red and white card with a new card without asking for proof of status. Would invest into some private healthcare insurance and probably stop working.

 

[Buletruck]

I talked to a lawyer and he said that he's gonna get a fresh decision from CIC and then challenge it in court based on the following facts:
- The verification of status shows her as a PR.
- She's been here for more than 3 years.
- She doesn't have anyone back home.

• Don’t think there is much chance of successful challenge against a revocation of PR status when IRCC can simply pull out the lack of appeal previously. The verification of status probably won’t be sufficient evidence to contradict other evidence to the contrary.
• True, but unfortunately without legal status. Compounding that is she has been working illegally and potentially defrauding OHIP and other social support services (albeit unaware of that)
• The fact she has no one in her home country, given her age, probably won’t have much impact.

She should probably stop working immediately. IMO, you should probably start an H&C application post haste, not that it is a guaranteed result, but it will probably buy you additional time.

 

[scylla]

Hi everyone, I am a Canadian Citizen asking about my mom's PR.

She has been living and working in Canada since 2015 and also paying taxes and using health card but CIC refused to accept the PR card renewal application saying that my mom's PR status was expired in 2004 when she missed the opportunity to appeal... So here is the backstory:

- My mom came to Canada in 1995 as a PR and received her landing documents, health card and Social Insurance Number.
- Left Canada in 1996.
- Got Divorced in 2002 and my dad took her all original documents.
- my mom applied to come back to Canada in 2004 and the visa office gave her an appeal to file which my mom missed out on.
- I came back to Canada in 2014.
- My mom applied for a visitor visa and came back in 2015.
- Applied for status verification and it showed her status as PR.
- She received the same health card from service Ontario and has been living here since 2015.
- We applied for the PR card and CIC refused to give the PR card saying that her status was expired in 2004.

What are the possible options do we have here?

TIA

She's no longer a PR. She lost her PR status back in 2004 when she failed to appeal the refusal.

She has no claim to a PR card or PR status. Recommend she stop using OHIP asap as she's doing so illegally and you are at risk for having the province come after you to pay back all of this money along with penalties. She also needs to stop working as she's doing so illegally. And unless she has been applying to extend her visitor status, she is now in Canada illegally.

If she wants to become a PR again, you will either need to sponsor her or she will have to qualify and apply on her own.

 

[scylla]

My mom didn't have anyone to guide her back home. She just followed whatever any lawyer or consultant suggested.

It doesn't matter. IRCC will hold her responsible for everything she has done. It was her responsibility to understand and follow the rules.

 

[YVR123]

My mom didn't have anyone to guide her back home. She just followed whatever any lawyer or consultant suggested. I wasn't born in Canada but came here in 2014. (I am 20 rn, maybe this can help somewhat).
- My mom came back in Oct 2015. Someone told us to apply for verification of status and we went to service ontario, gave them all the documents and they issued her the health card (same number as before).
- My mom is 44 rn.

Your mom can't say she worked illegally because "someone told me so". I think service ontario may have missed checking her current status and issued her a health card. But since she knew that she needed TRV to enter, she knew also that she's NOT a PR any more.

She really isn't that old. btw.