Permanent Resident Status Appeal

[schoolboyq514]

Good Afternoon guys!

I'm so happy that I've found this site. I have so many questions and going on google to figure things out was not as sufficient as I thought it would be lol.

I need some advice! I am a U.S. citizen, and I received my Permanent Resident Card for Ontario about 4 years ago. I was very young (and naïve) at the time, so I stayed in the states while my family moved to Canada. They gave me my green card in the event that I would want to move up and join them. I was in school here in the U.S., I also got married and I had a full-time job. With so many things going on I never seriously considered moving up to Canada. I know that there is residency requirements (730 days) and I haven't fulfilled anywhere near that.

All I've done was visit family and vacation for a few days at a time. To make matters worse, I presented my green card at the border a few weeks ago, and they had me fill out some paperwork basically saying that the Canadian government will begin the revocation process within a 30-day period, unless I file an appeal and they find reason to extend my permanent resident status. I have my social insurance card as well as a bank account. At this point, I don't want to lose my green card because I like the flexibility of being able to move up to Canada in the event that something happens with my family.

I would also like to apply to go to school in Canada. I'm finishing up an associate's degree in the states, but continuing to bachelor's would be so much more convenient for me in Canada financially, I'm also missing my family and it would be great to be near them.

I guess what I'm wondering is if I filed this appeal, mentioning that I plan to attend school full-time, could that work in my favor? What do you guys think? Also, what would I need to do to qualify for some form of financial aid? I'm totally lost here. I know this might be a too little/too late situation but I can't help but think I might be able to work something out.

Thanks in Advance!

 

[Leon]

Intending to move to Canada when you already don't meet the RO is a bit too late. What they want to see is mitigating reasons for why you were not able to meet the RO. Having chosen to study in the US, is not really considered a good reason so you don't really have much chance at winning this appeal. Another thing is that when you appeal, you should show that you are ready to settle in Canada by moving to Canada now. The appeal processing can take 1-2 years and when you have your appeal hearing, if you have not used that time to settle in Canada already, you have no chance by going there and saying you might still want to settle at some point in the future.

In any case, I don't think you will miss the PR card that much. You didn't need it in the past 4 years so why would you need it in the next 4?

 

[schoolboyq514]

You're right, I didn't need it in the first 4 years, but I've had a change of heart and I really do want to move up to finish up school. Worst case scenario-- if they revoke my card, I can re-apply right? I would have no issue moving up to Canada, but that wouldn't make sense if I can't enroll in school. All of the financial aid programs require the standard RO and I don't think I can afford it otherwise. What if I was able to obtain a job offer there? Would that help at all? Also, What would qualify as mitigating factors? I just want to make sure my appeal is as tight as possible.

 

[Leon]

Mitigating factors would be that you were stuck outside Canada because you were taking care of a sick relative or that you had serious medical problems of your own or possibly that you were a minor and it was your parents decision that you stay behind, especially if you are still in your early 20's. However, your whole family went to Canada so it wouldn't make any sense that it was your parents decision that you stay behind on your own.

If you lose your PR, you can not move to Canada just like that. You would be able to visit but only for 6 months at a time and you wouldn't be able to work. If you were to study in Canada without PR, you would have to apply for a study permit and you would have to pay international tuition fees which are often about 3 times higher than you would pay as a PR. If you were to get a skilled job offer, you might qualify to apply for PR again on your own.

 

[scylla]

Agreed with what Leon has written. CIC doesn't care if you've had a change of heart and are now trying to establish yourself in Canada. They want to know what the mitigating circumstances were in the past that prevented you from meeting the residency obligation. Unfortunately attending school outside of Canada or working outside of Canada aren't acceptable reasons. As Leon has explained, they are looking for extreme circumstances like personal and prolonged illness (or that of a very close family member).

I assume you are now married to someone who is not a Canadian PR or citizen. If so, you should be aware that you won't be able to sponsor that individual for PR while your appeal is in progress. You will have to wait until there's an outcome. This may mean that you have to be separated from your spouse for quite some time. This may be something you want to consider too before proceeding.

Good luck.

 

[schoolboyq514]

I'm going to file the appeal and see what comes from it. I'm kind of regretting showing my green card at the border now lol. How difficult would it be to re-apply? Would I have to start a whole new process/application or would it just be a renewal based on the fact I plan to move to Canada? I could definitely land a job in Quebec, I have a few connections so maybe that might help.

 

[scylla]

FYI - Canada has no green card. The US has a green card. Canada has a permanent resident card. Might want to correct your language before you start filing any appeals. Calling it by the wrong name probably won't win you any favours.

If you want to re-apply - you would have to do so from scratch (assuming you still qualify). There is no special process for those who were previously PRs. You have to complete the application process from the beginning.

 

[screech339]

It is one of the reasons why in cases like this, I think losing PR status should be made automatic when reported at the border of those who try to get into Canada and "regain" PR status.

The OP wants to appeal knowing full well he wasn't meeting his RO requirement. This takes up court's time and money.

If CIC can easily automatically removed condition 51 from PR status, they should be able to easily do the same to those who do not meet RO either.

Appeals should only be allowed in extreme circumstances, such as medically unable to move to Canada. Not some doctor note saying he broke his leg and cannot go to Canada. You mean all that time you were away from Canada for almost 3 years only to have a broken leg just when you plan to "move" back to Canada to spend next 2 years.

If you want to take your RO to the limit that's your business. However be aware that if something were to happen to you that prevented you from meeting your RO at the last moment, for a couple weeks or more, IMHO, too bad. You were being reckless in trying to max out your RO.

Screech339

 

[Msafiri]

.......All I've done was visit family and vacation for a few days at a time. To make matters worse, I presented my green card at the border a few weeks ago, and they had me fill out some paperwork basically saying that the Canadian government will begin the revocation process within a 30-day period, unless I file an appeal and they find reason to extend my permanent resident status.....Thanks in Advance!

What paperwork is this - check the copy you got...you may have signed a voluntary relinquishment of PR status which makes your appeal almost pointless!

 

[Leon]

What paperwork is this - check the copy you got...you may have signed a voluntary relinquishment of PR status which makes your appeal almost pointless!

If they said he has 30 days to appeal, then he was reported and has 30 days to appeal. If he voluntarily relinquished his PR, he would not have been told that he could appeal. That is unless the IO was very incompetent.

 

[Msafiri]

If they said he has 30 days to appeal, then he was reported and has 30 days to appeal. If he voluntarily relinquished his PR, he would not have been told that he could appeal. That is unless the IO was very incompetent.

I suggest you review the IRPA Division 7 clauses on the PR right of appeal for inadmissibility together with enforcement manual 23 (loss of PR) section 7 with details of Voluntary Relinquishment (VR) and a 30 day grace period to withdraw the VR with subsequent reinstatement of the departure order. Even a rookie lawyer can save your PR if you meet the RO...what if you don't understand english/ french well enough, have been on a 24 hour flight path, are on medication and sign the VR before an aggressive CBSA agent?

 

[schoolboyq514]

So are you suggesting that I call a lawyer for this? Will it do any good if I haven't met my RO? I don't think so lol

 

[Mbaizai]

Thanks for the information on this forum. I m in a similar situation where i decided not to move to canada cause i had an old mom whom needed my care back in my country. If i want to male the appeal, where do i need to go or what is the full process ? Appreciate if someone can assist.

Regards

 

[canuck78]

Thanks for the information on this forum. I m in a similar situation where i decided not to move to canada cause i had an old mom whom needed my care back in my country. If i want to male the appeal, where do i need to go or what is the full process ? Appreciate if someone can assist.

Regards

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