PR appeal help please please please

[Jon deville]

I wonder if anyone can assist me, I am awaiting a appeal for my PR renewal as I was out of Canada for longer than I should of been as over the last 4 years we have had some deaths all within a space of 8-9 months of each other, my wife has a work visa for a year in Canada and my brother lives out in Vancouver, I have received some documents about it getting all my evidence over as I sent the appeal letter back, we are due to land in Vancouver in late September and I still have my sin card, I have heard of obtaining a PR card for a year while awaiting for the appeal as I have said I want to attend the hearing in Canada but I don't know what to do from here and what I have to do upon landing in Canada with border control, Please help with any ideas it would be much appreciated
Thanks

 

[scylla]

You'll need to provide additional information.

Do you hold a visa exempt passport? Have you been in Canada during the last year?

 

[Jon deville]

Thanks for your reply, I haven't been in the last year no, I have a British passport it's the first time going back in about 3 years as family members passing,

 

[Lammawitch]

If you are at the appeal stage, and haven't already done so, I'd suggest a consultation with a lawyer, pronto.

 

[Jon deville]

Thank you for your reply, is this the only solution by getting a lawyer, would you think I would have problems coming through the border with my wife?

Thanks

Jon

 

[canuck_in_uk]

You do not require a PR card to travel to or be in Canada. You can board the plane on the strength of your visa-exempt passport as if you were a normal visitor and then present yourself to CBSA as a PR. They cannot refuse you entry, as you are still a PR.

I'm guessing you alerted CIC to the fact that you don't meet the RO by applying for renewal or a PRTD?

 

[Jon deville]

I tried to renew my PR card with cic and they turned me down, I applied for a appeal I was confused as the paper part in in my passport when I originally applied had a expire date of October 2015 so I though that meant something the immigration board are aware that I want to attend in person in Vancouver but as I understand I would not be able to work while I'm waiting as my PR card is out of date, my wife has a year visa to work and my brother is a PR and lives in Vancouver.

 

[canuck_in_uk]

I tried to renew my PR card with cic and they turned me down, I applied for a appeal I was confused as the paper part in in my passport when I originally applied had a expire date of October 2015 so I though that meant something the immigration board are aware that I want to attend in person in Vancouver but as I understand I would not be able to work while I'm waiting as my PR card is out of date, my wife has a year visa to work and my brother is a PR and lives in Vancouver.

Until CIC revokes your PR status, you are a PR and can work in Canada.

You probably don't want to hear this but had you simply left it without trying to renew and returned to Canada, you would have most likely had no issues entering. You could have then lived in Canada for 2 years until your PR status was back in good standing and renewed your PR card.

 

[Jon deville]

Hi there again,
So to get this straight I go through the Poe As normal give them both my passports as my old one with my old name has my visa in from when I became a PR years ago and show them my expired expired pr card too, even though it expired years ago I am still considered a PR? And the Poe won't be a issue?

 

[Leon]

They have to let you enter Canada as you are a PR but they could report you for not having met the residency obligation. If they do, you can appeal and you remain a PR while they process the appeal which could take 1-2 years. During that time, you may renew your PR card for a year at a time. If they don't report you on entry, you would be better off staying in Canada 2 years straight without applying for anything at which time you will meet the RO again and can renew your PR card.

 

[Msafiri]

I wonder if anyone can assist me, I am awaiting a appeal for my PR renewal as I was out of Canada for longer than I should of been as over the last 4 years we have had some deaths all within a space of 8-9 months of each other, my wife has a work visa for a year in Canada and my brother lives out in Vancouver, I have received some documents about it getting all my evidence over as I sent the appeal letter back, we are due to land in Vancouver in late September and I still have my sin card, I have heard of obtaining a PR card for a year while awaiting for the appeal as I have said I want to attend the hearing in Canada but I don't know what to do from here and what I have to do upon landing in Canada with border control, Please help with any ideas it would be much appreciated
Thanks

To clarify what does the paperwork you received from CIC in response to the PR Card renewal application actually state? Does it:

1. Make references to clause 28 of the IRPA (residence obligation), sec 44 report, inadmissibility and clearly detail an appeal process to the IAD/IRB or

2. Merely state that your application for a PR Card renewal has been denied at this time or delayed pending receipt of additional information?

If its 1 then you have been reported (sec 44) and your PR is at risk of loss unless you convince the courts why you should keep your PR. The bereavements you mention in your family will be considered as H&C grounds when reviewing the reasons for your breach of the RO but they may/will not be considered exclusively. What period of time in months did these cover over the 5 year window you have to meet your RO obligation? Visit visa exempt nationals don't really need a PR Card for travel back to Canada so applying for one when you didn't have to and in breach of the RO was unfortunately a bad move.

If its 2 then smile on your good fortune and don't interact with CIC any further. Note your profile may have been flagged for RO shortfall and CBSA could report you for the breach when you next show up at the border. Its best if you get into Canada without report to not travel until you are back in RO compliance.

What type of working visa does your spouse hold? Is it a working holiday maker visa? Is there a reason why you have not sponsored her for PR prior to the PR Card renewal issue?

As advised even if reported you remain a PR until your appeal is decided and have the right to enter Canada. You can apply for a PR Card issued valid for 1 year each time when under report. CIC has introduced the electronic travel authorization scheme (a mimic of the CBP ESTA for VWP scheme) mandatory from March 2016. Its really a revenue generating stream aimed at visitor visa exempt tourists but it could potentially make visit visa exempt PRs with expired PR Cards face major hassles flying back to Canada. Having a valid PR Card will also make day to day bureaucratic related processes easier to deal with e.g applying for health coverage or a DL because via 'function creep' this has become either the 'only' or more often the 'preferred' proof of PR Status despite it being a travel document under the IRPA.