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Minister Delegate and 1 yr PR CARD

Discussion in 'Permanent Residency Obligations' started by MUSTAFACAN, Nov 1, 2017.

  1. Dear Members.

    I have applied for renewal of my PR card for myself and my family on humanitarian grounds.

    I got a letter from CiC stating that the officer isn't satisfied with my personal circumstances that justify the retention of permanent status.

    He further stated that he has prepared a inadmissibility report and referred for review to a Minister's Delegate, who may be in contact with me regarding an interview.

    Later I received a letter asking me to pick 1 year PR card from Etobicoke office.

    For my wife and kids the Visa officer has afford an opportunity to attend interview. As they are in home country they are advised to apply for PRTD and once they get the PRTD they need to inform the office about their availability in Canada for interview. They haven't mentioned any time limit for the interview.

    Now I am in my Home country in India. I applied for PRTD for my wife and kids and want to return to Canada along with my family.

    The minister delegate has not contacted me till now.

    Do anyone has the idea when the Minister's Delegate will contact ? I picked the PR card on Sep 07. ..and How will they contact? Through email ? Mail? Or Phone?

    Also would like to know will my children get admission into school once they come to Canada on PRTD ?

    Thank You
  2. Your situation is way beyond the range of the kind of help you can obtain from anyone in a forum like this. Being abroad in your situation dramatically elevates the risk of a negative outcome.

    Did you really expect a Minister's Delegate would attempt to contact you outside Canada? That is not going to happen. And this is NOT at all likely to work in your favour. To the contrary.

    This is NEED-a-LAWYER territory. I'd suggest a really good lawyer. Not a consultant. A lawyer.

    If you are only abroad for a short period of time, the underlying strength of your case may be enough to save your PR status.

    In the meantime, whatever contact information IRCC has, that is contact information for you in Canada, the Minister's Delegate is likely to attempt to use that information to contact you. Again, if the MD is unsuccessful contacting you in Canada using that contact information, that is not going to go in your favour. Again, probably to the contrary.

    While there is another participant here recently reporting similar procedures, the forum has not seen much reporting from individuals in this situation. So we do not have a lot of practical, what-actually-happens background for these scenarios. Generally, PRs in your circumstances who put a high priority on trying to save their PR status, should stay in Canada pending further process. Or, if they do leave (as they may with a one-year PR card without fear of not being able to return to Canada), to keep the absence SHORT.

    While a lot depends on the underlying strength of your case, the 44(1) Report itself is a huge clue about which way that leans.

    If you want to keep PR status, get to Canada, stay, and lawyer-up.
    Buletruck and scylla like this.
  3. Totally agree with dpenabill. Get a very good lawyer - it was a very bad idea to leave Canada.
  4. Thank u all for the replies.

    I am here in India for short visit. I am renting a apartment in Canada. Just wanted to know how the Minister's Delegate will contact as my Phone no is deactivated.

    And why do I need a lawyer??
  5. You only need a lawyer if saving your PR status is a priority. Since you are subject to a 44(1) Report for a breach of the PR RO, a decision has already been made to terminate your PR status. You will need to get that decision set aside in order to keep your PR status.

    Your best bet to accomplish that was probably with the Minister's Delegate. Otherwise, your better bets are likely to be found in the assistance of a good lawyer. H&C cases tend to be tricky, at their best, and otherwise difficult. Navigating this without professional assistance is rife with pitfalls.

    The Minister's Delegate will probably attempt to contact you using whatever contact information you last provided. If the MD attempts to contact you using that information, and is unable to do so, it is NOT as if the MD will pursue alternative means of contacting you. Again, this will not work at all in your favour. It will work against you. When and precisely how is not certain (as I said in my previous post, there is another participant in the forum in a similar situation but otherwise we have seen rather minimal reporting from individuals in a comparable situation, so a lot of what actually happens, in practice, is not known).

    The sooner you are back in Canada, and the sooner you update your contact information with IRCC so that if the MD has not attempted to contact you yet, so the MD will then actually be able to contact you, the better your chances are of navigating this successfully.

    But again, you have already been reported. A decision has already been made. A negative decision. Your first hope is that the Minister's Delegate still tries to contact you and is able to do so, and you persuade the MD that your H&C reasons are good cause for you to keep PR status, so that the MD decides to, in effect, set the Report aside. If that does not succeed, you will need to make an appeal and win the appeal in order to keep your PR status.

    In any event, the sooner you are back in Canada the better your chances. As soon as you are back in Canada you need to be sure IRCC has your current contact information. You need to check on your status, to find out, in particular, if the Minister's Delegate has made any decision in your case.

    You can hope no serious damage has been done (beyond the fact that you have been reported), that the Minister's Delegate has not yet made an effort to conduct the interview, but if you are so lucky it is indeed just luck. Just the fact you left Canada in this situation without resolution of the outstanding Report, with a potential Minister's Delegate interview pending, strongly suggests you need a lawyer's help in navigating this, even if just to help you make better decisions going forward, again even if it turns out you were lucky this time.
    Alien_walkingalone likes this.
  6. hello,

    I have also applied PRTD on HC ground, Can I contact you on phone to know more about your case and I can correlate with my case and understand the probability of getting approved. Thanks
  7. Your application for a PRTD is very different to the OP's Sec 44 report.

    What H&C reasons did you give? The good ones are generally:

    Involuntary stay outside Canada. (say you were kidnapped in Kandahar or arbitrarily sent to North Korean prison for using an iPhone) A more practical way of fulfilling this is being removed as a minor and applying to return around 18.

    Caring for a Sick Relative: Established by documentation, and you apply to return as soon as your obligation ends.

    Do you fall squarely into one of these two categories?
  8. I remember your post now. I wish you the best of luck and hope you get to retain your status, but practically speaking your odds are not good. They are not good at all.

    You would have been better off entering via land IMO.
  9. I haven't received PRTD yet.

    What about you?
  10. I landed in Canada 4 days before expiry of my 1 year PR card which was issued to me after the a44(1) report.
    No questions were asked.
    I was almost 11 months out of Canada with 1 year PR Card .
    I am not even called for Interview from Minister's Delegate.
    My Card will expire in a day.
    What should I do?
  11. Others can correct me, but you should be able to apply to renew the 1year card. Until your case is resolved you should be able to renew in 1 year increments.
  12. There is no RO requirement for 1 year PR?
  13. Given your attempt to keep your PR I am not sure that I would have arrived at the last minute.
    Buletruck likes this.
  14. IRCC will issue a 1 year validity (temporary) PR card until your residency obligation review or appeal is completed, provided you are in Canada or have been in the last 365 days (if outside the country). As noted, if you are under review, spending another 11 months outside Canada doesn’t do much for your case.
  15. Thanks for the Info. Do I need to apply for PR card or they will issue on their own as my card has expired.

    I was out of Canada for 11 months as my family was in India and IRPA rules states that days spent in Canada after A44(1) report will not be counted for RO.

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