Not meeting residency

[tilakorganic]

Dear sir
here is detailed history of my case and reply to visa officer in Canada
Please suggest what should to do next as my pr card will expire in March 2019.

I am writing you In context to application returned from you side vide my letter dated Nov 2017. Some concerns were raised by you against the submission of application in Nov 2017 Are you a Canadian Citizen living outside Canada ? Here I would like to mention that every time I have submitted my 7 MY WIFE PR card and other Canadian documents clearly stating my status in Canada and validity of our status in Canada with detailed explanation letter related to my absence in Canada. So you are requested to please clear the picture what requirement or information you are seeking from me as this concern of Canadian Citizen is not understandable due to availability of PR card provided from my side with validity status in application.

Other thing you have mentioned in your letter is concern raised to my employment/source of support ? In regard to this both times I have submitted me and my spouse work documents with calculated Income Tax returns related to our annual Income in our home country and all our financial savings papers from where you can easily assess our work and financial profiles. If you required further Information related to this matter we can provide it easily according to your comfort or requirements.

Here I would like to draw your attention to most important issue is that In your letter dated Feb 28, 2018 which fall short to clear the requisite necessitated from my side is generated on 28 Feb 2018 giving me 30 days to response with returned application is received by me few days back by mail post & the given time along with a big gap of duration is already passed. Screen shot of envelope is attached for your consideration.

Finally, the verdict to my submission of application of my daughters twice is that 2 years has already passed in this process and I am standing at the same spot I was on two years back. So you are requested to please go through my application thoroughly and please clear me the picture what next step should I take next regarding permanent residency of my daughters. Please find below the detailed information regarding my application helps to understand my situation clearly and to suggest me the process to begin to see the results.

In Oct 2016 I send application of Permanent Residency of my twin daughters born on 10-08-2015 under Family class sponsorship. My twin daughter’s born after we got our Permanent Residency of Canada under Federal Skilled category. But my application was send back by CHC letter dated 2 March 2017 vide which objection on mode of payment was raised and was suggested to do online payment instead of Demand draft. So on 26-11-2017 I paid 300 Cnd $ online on CIC website through credit card towards processing fees of my two dependent child under family class sponsorship. Official receipt of payment is attached with application. Now I am again sending you application of permanent residency of my two dependent daughters under family class sponsorship. Please read the following for more details)

I am holder of permanent residency of Canada. I got permanent residency along with my wife under Federal Skilled Worker category on 18-04-2013. My wife was the principal applicant in our application for permanent residency of Canada and is working as Govt. officer in India. On Jan 2014 we enter Canada as a permanent resident and stay in Canada for couple of months and after that we come back to India to resolve the movable and immovable assets and our social and domestic commitments so that we can settle in Canada permanently.

Fortunately In May 2015 I am blessed with twin’s daughters. This is first time me and my wife become parents further more than one year time passed so quickly in taking care of both of them. After birth of my daughters we postpone our plan to Canada for a short period. As both of them were just new born babies and we require elderly guidance to take care of them as we are new to this experience. Our parents help us and guide to face daily difficulties related to upbringing of small children. Moreover it is not wise to travel to new surrounding with little babies where we are newcomers. Further as both of them are grown little now we want to enjoy our permanent residency of Canada by setting ourselves with our daughters in Canada permanently. Another reason for us to be out of Canada is that me and my wife has permanent residency of Canada but our daughters don’t have As both of them are born after we got our permanent residencyand it is not possible for us to left them alone. We got our PR stamped on April 2013 & we enter Canada on Jan 2014. We stay in Canada for few days and come back to India on 27 March 2014 to resolve our moveable & immovable assets.

Please Suggest me best option I have.

 

[dpenabill]

I am holder of permanent residency of Canada. I got permanent residency along with my wife under Federal Skilled Worker category on 18-04-2013. My wife was the principal applicant in our application for permanent residency of Canada and is working as Govt. officer in India. On Jan 2014 we enter Canada as a permanent resident and stay in Canada for couple of months and after that we come back to India to resolve the movable and immovable assets and our social and domestic commitments so that we can settle in Canada permanently.

Unless you or your spouse are employed by the CANADIAN government, I suspect you have some difficult and perhaps insurmountable problems due to being in breach of the PR Residency Obligation. But I am NO expert and I am not qualified to offer personal advice. A lawyer's opinion would be far, far better than what I or anyone here can provide. Thus, a Canadian immigration LAWYER (not a consultant) MAY, but only MAY, be able to help you.

Again, I am NO expert, and I do not fully understand the situation, but it appears you have not resided or otherwise even been present in Canada since March of 2014. If this is the situation, and neither you nor your spouse are employed abroad by the CANADIAN government, then you are in BREACH of the PR Residency Obligation and NOT eligible to sponsor a family member for Permanent Residence. And will likely lose your PR status.

A PR must be IN CANADA to be eligible to sponsor a family member for PR. It appears that you were NOT in Canada when you initially made an application to sponsor family members. It further appears there were other issues which resulted in the return or denial of the application, perhaps without alerting you to the presence in Canada eligibility issue.

Maybe a lawyer could help. You reference your reasons for remaining outside Canada. If you return to Canada while you still have valid PR cards, you can make a H&C case based on your reasons. But frankly it appears you do NOT have a good case. Also, I cannot suggest how to bring your children. They need visas. Visitor, Temporary Resident, or PR visas. Two years ago, the chances of getting visitor visas should have been fairly good, and then once all of you were in Canada, either extensions or TRP pending sponsorship application. But NOT now (again, unless spouse is an employee of the CANADIAN government), since it appears you are in breach of the PR Residency Obligation and not eligible to sponsor. But again, maybe a lawyer can help.

This may be a situation in which surrendering PR status and making a new Express Entry application (if eligible) is the most feasible approach.

Dear sir
here is detailed history of my case and reply to visa officer in Canada
Please suggest what should to do next as my pr card will expire in March 2019.

I am writing you In context to application returned from you side vide my letter dated Nov 2017. Some concerns were raised by you against the submission of application in Nov 2017 Are you a Canadian Citizen living outside Canada ? Here I would like to mention that every time I have submitted my 7 MY WIFE PR card and other Canadian documents clearly stating my status in Canada and validity of our status in Canada with detailed explanation letter related to my absence in Canada. So you are requested to please clear the picture what requirement or information you are seeking from me as this concern of Canadian Citizen is not understandable due to availability of PR card provided from my side with validity status in application.

Other thing you have mentioned in your letter is concern raised to my employment/source of support ? In regard to this both times I have submitted me and my spouse work documents with calculated Income Tax returns related to our annual Income in our home country and all our financial savings papers from where you can easily assess our work and financial profiles. If you required further Information related to this matter we can provide it easily according to your comfort or requirements.

Here I would like to draw your attention to most important issue is that In your letter dated Feb 28, 2018 which fall short to clear the requisite necessitated from my side is generated on 28 Feb 2018 giving me 30 days to response with returned application is received by me few days back by mail post & the given time along with a big gap of duration is already passed. Screen shot of envelope is attached for your consideration.

Finally, the verdict to my submission of application of my daughters twice is that 2 years has already passed in this process and I am standing at the same spot I was on two years back. So you are requested to please go through my application thoroughly and please clear me the picture what next step should I take next regarding permanent residency of my daughters. Please find below the detailed information regarding my application helps to understand my situation clearly and to suggest me the process to begin to see the results.

In Oct 2016 I send application of Permanent Residency of my twin daughters born on 10-08-2015 under Family class sponsorship. My twin daughter’s born after we got our Permanent Residency of Canada under Federal Skilled category. But my application was send back by CHC letter dated 2 March 2017 vide which objection on mode of payment was raised and was suggested to do online payment instead of Demand draft. So on 26-11-2017 I paid 300 Cnd $ online on CIC website through credit card towards processing fees of my two dependent child under family class sponsorship. Official receipt of payment is attached with application. Now I am again sending you application of permanent residency of my two dependent daughters under family class sponsorship. Please read the following for more details)

I am holder of permanent residency of Canada. I got permanent residency along with my wife under Federal Skilled Worker category on 18-04-2013. My wife was the principal applicant in our application for permanent residency of Canada and is working as Govt. officer in India. On Jan 2014 we enter Canada as a permanent resident and stay in Canada for couple of months and after that we come back to India to resolve the movable and immovable assets and our social and domestic commitments so that we can settle in Canada permanently.

Fortunately In May 2015 I am blessed with twin’s daughters. This is first time me and my wife become parents further more than one year time passed so quickly in taking care of both of them. After birth of my daughters we postpone our plan to Canada for a short period. As both of them were just new born babies and we require elderly guidance to take care of them as we are new to this experience. Our parents help us and guide to face daily difficulties related to upbringing of small children. Moreover it is not wise to travel to new surrounding with little babies where we are newcomers. Further as both of them are grown little now we want to enjoy our permanent residency of Canada by setting ourselves with our daughters in Canada permanently. Another reason for us to be out of Canada is that me and my wife has permanent residency of Canada but our daughters don’t have As both of them are born after we got our permanent residencyand it is not possible for us to left them alone. We got our PR stamped on April 2013 & we enter Canada on Jan 2014. We stay in Canada for few days and come back to India on 27 March 2014 to resolve our moveable & immovable assets.

Please Suggest me best option I have.

 

[scylla]

Dear sir
here is detailed history of my case and reply to visa officer in Canada
Please suggest what should to do next as my pr card will expire in March 2019.

I am writing you In context to application returned from you side vide my letter dated Nov 2017. Some concerns were raised by you against the submission of application in Nov 2017 Are you a Canadian Citizen living outside Canada ? Here I would like to mention that every time I have submitted my 7 MY WIFE PR card and other Canadian documents clearly stating my status in Canada and validity of our status in Canada with detailed explanation letter related to my absence in Canada. So you are requested to please clear the picture what requirement or information you are seeking from me as this concern of Canadian Citizen is not understandable due to availability of PR card provided from my side with validity status in application.

Other thing you have mentioned in your letter is concern raised to my employment/source of support ? In regard to this both times I have submitted me and my spouse work documents with calculated Income Tax returns related to our annual Income in our home country and all our financial savings papers from where you can easily assess our work and financial profiles. If you required further Information related to this matter we can provide it easily according to your comfort or requirements.

Here I would like to draw your attention to most important issue is that In your letter dated Feb 28, 2018 which fall short to clear the requisite necessitated from my side is generated on 28 Feb 2018 giving me 30 days to response with returned application is received by me few days back by mail post & the given time along with a big gap of duration is already passed. Screen shot of envelope is attached for your consideration.

Finally, the verdict to my submission of application of my daughters twice is that 2 years has already passed in this process and I am standing at the same spot I was on two years back. So you are requested to please go through my application thoroughly and please clear me the picture what next step should I take next regarding permanent residency of my daughters. Please find below the detailed information regarding my application helps to understand my situation clearly and to suggest me the process to begin to see the results.

In Oct 2016 I send application of Permanent Residency of my twin daughters born on 10-08-2015 under Family class sponsorship. My twin daughter’s born after we got our Permanent Residency of Canada under Federal Skilled category. But my application was send back by CHC letter dated 2 March 2017 vide which objection on mode of payment was raised and was suggested to do online payment instead of Demand draft. So on 26-11-2017 I paid 300 Cnd $ online on CIC website through credit card towards processing fees of my two dependent child under family class sponsorship. Official receipt of payment is attached with application. Now I am again sending you application of permanent residency of my two dependent daughters under family class sponsorship. Please read the following for more details)

I am holder of permanent residency of Canada. I got permanent residency along with my wife under Federal Skilled Worker category on 18-04-2013. My wife was the principal applicant in our application for permanent residency of Canada and is working as Govt. officer in India. On Jan 2014 we enter Canada as a permanent resident and stay in Canada for couple of months and after that we come back to India to resolve the movable and immovable assets and our social and domestic commitments so that we can settle in Canada permanently.

Fortunately In May 2015 I am blessed with twin’s daughters. This is first time me and my wife become parents further more than one year time passed so quickly in taking care of both of them. After birth of my daughters we postpone our plan to Canada for a short period. As both of them were just new born babies and we require elderly guidance to take care of them as we are new to this experience. Our parents help us and guide to face daily difficulties related to upbringing of small children. Moreover it is not wise to travel to new surrounding with little babies where we are newcomers. Further as both of them are grown little now we want to enjoy our permanent residency of Canada by setting ourselves with our daughters in Canada permanently. Another reason for us to be out of Canada is that me and my wife has permanent residency of Canada but our daughters don’t have As both of them are born after we got our permanent residencyand it is not possible for us to left them alone. We got our PR stamped on April 2013 & we enter Canada on Jan 2014. We stay in Canada for few days and come back to India on 27 March 2014 to resolve our moveable & immovable assets.

Please Suggest me best option I have.

I will admit that I didn't read your entire post. However here are a few key points that might help you:

1) You or your wife must be physically living in Canada in order to sponsor your children for PR. You cannot sponsor them for PR while living outside of Canada.
2) Based on how long you've been outside of Canada, it doesn't sound like you meet the residency requirement for PR (which requires you to live in Canada for 2 out of every rolling 5 years). You also cannot sponsor your daughters for PR without meeting the residency requirement.

 

[zardoz]

One word for this scenario... "Ouch".

 

[scylla]

One word for this scenario... "Ouch".

Exactly. Probably wasn't a good idea to write a letter to IRCC providing detailed info about how RO hasn't been met.

 

[tilakorganic]

Dear sir
Thanks for the information, I am applying for more than three years then cRC must clear it. Then I will straight way take action and will move to Canada. Instead of deliberately delaying the process. They have accepted the sponsorship fee, secondly, sending Enquary letter issued in feb and sending it in June more than four months late.
Plz suggest I have valid PR card till March next year, if I landed in Canada in January, will immigration person will send me back to India due to obligations of PR or allow me to enter in Canada. Can they renew our pr if I (alone) represented my case with crc by physically present in Canada as I have started my process so early.
I have valid proof of not providing proper reply as mentioned in above message and delay from CRC.
Please suggest.

 

[scylla]

Dear sir
Thanks for the information, I am applying for more than three years then cRC must clear it. Then I will straight way take action and will move to Canada. Instead of deliberately delaying the process. They have accepted the sponsorship fee, secondly, sending Enquary letter issued in feb and sending it in June more than four months late.
Plz suggest I have valid PR card till March next year, if I landed in Canada in January, will immigration person will send me back to India due to obligations of PR or allow me to enter in Canada. Can they renew our pr if I (alone) represented my case with crc by physically present in Canada as I have started my process so early.
I have valid proof of not providing proper reply as mentioned in above message and delay from CRC.
Please suggest.

Again, you cannot apply to sponsor your children from outside of Canada. It's simply not possible. This is why IRCC kept asking you for more information and didn't understand what you were trying to do. Any delays are unfortunately due to your misunderstanding of the rules and due to the fact that you were applying incorrectly.

It's impossible for any of us to say what will happen when you enter Canada since you don't meet the residency obligation. It's possible you may enter without any issues. Or it's possible you may be reported at the border for failing to meet the residency requirement. If you are reported, you will be allowed to enter Canada but will have to appear at a hearing to argue why you should be allowed to keep your PR status. Based on the information you've provided so far, you have no H&C reasons for failing to meet the residency obligation and the most likely outcome is that your PR status would be revoked and you would be told to leave Canada.

If you are able to enter Canada without being reported, then you will need to live in Canada for two years without leaving before you will be able to renew your PR card. You will not be able to sponsor your children for PR until these two years have passed. So you will most likely have to be separated from your family for 2 years. If you try to sponsor your children before you have lived in Canada for 2 years and meet the residency requirement - you can expect the sponsorship application to be refused and for your PR status to be revoked.

 

[steaky]

Why not you and your wife renounce the PR status and start from scratch for immigration to Canada for the whole family? That's a safer option.

 

[zardoz]

Dear sir
Thanks for the information, I am applying for more than three years then cRC must clear it. Then I will straight way take action and will move to Canada. Instead of deliberately delaying the process. They have accepted the sponsorship fee, secondly, sending Enquary letter issued in feb and sending it in June more than four months late.
Plz suggest I have valid PR card till March next year, if I landed in Canada in January, will immigration person will send me back to India due to obligations of PR or allow me to enter in Canada. Can they renew our pr if I (alone) represented my case with crc by physically present in Canada as I have started my process so early.
I have valid proof of not providing proper reply as mentioned in above message and delay from CRC.
Please suggest.

I have a serious suggestion for you. Consult with a competent immigration lawyer, because at this point you may be making things worse than you need to. Your communications with IRCC are difficult to understand and probably should be reviewed by the lawyer before submission.

 

[tilakorganic]

Dear sir,
Kindly suggest me competent lawyer from Canada, who can safely handle my case . Please suggest me, what will be the outcome of appeal on revoking my immigration on entry/ after entry.
I have all the detailed communication with CRC and have only this reason.
Regards

 

[zardoz]

Dear sir,
Kindly suggest me competent lawyer from Canada, who can safely handle my case . Please suggest me, what will be the outcome of appeal on revoking my immigration on entry/ after entry.
I have all the detailed communication with CRC and have only this reason.
Regards

How about the lawyers that host this forum? https://www.canadavisa.com/