PR APPLIED WITH 400 DAYS FILE TRANSFERED TO LOCAL OFFICE

[amrit bhullar]

I HAVE Applied for PR renewal with 400days residency obligations under H & C grounds in Apr 13. The file was transfered to local office in Jul 2013. My Pr card already expired in JUL 2013. CIC now sent me a letter that My H & C factors r insufficient. You have to write to Minister's delegate. They may give me one year PR card then they will decide. My question is:-
a) My H & C factors r still same. If they give me one year PR card i still cannot fulfill RO.
b) My wife and kids r canadian citzen and living with me in my home country since Jan 2014.
c) wheather I have to prefer for appeal or apply for afresh for multiple entry visa/ PR etc.


an urgent reply is appreciated

 

[zardoz]

I HAVE Applied for PR renewal with 400days residency obligations under H & C grounds in Apr 13. The file was transfered to local office in Jul 2013. My Pr card already expired in JUL 2013. CIC now sent me a letter that My H & C factors r insufficient. You have to write to Minister's delegate. They may give me one year PR card then they will decide. My question is:-
a) My H & C factors r still same. If they give me one year PR card i still cannot fulfill RO.
b) My wife and kids r canadian citzen and living with me in my home country since Jan 2014.
c) wheather I have to prefer for appeal or apply for afresh for multiple entry visa/ PR etc.


an urgent reply is appreciated

Have you received notification that you have to appeal for your PR status? Normally, a 1 year PR card is issued once you have been reported and you are in the appeal process. If that's the case, any time you spend in Canada until your appeal is won doesn't count towards the residency obligation, unless you win. More information is required about exactly what you have been told by CIC.

 

[CanV]

I HAVE Applied for PR renewal with 400days residency obligations under H & C grounds in Apr 13. The file was transfered to local office in Jul 2013. My Pr card already expired in JUL 2013. CIC now sent me a letter that My H & C factors r insufficient. You have to write to Minister's delegate. They may give me one year PR card then they will decide. My question is:-
a) My H & C factors r still same. If they give me one year PR card i still cannot fulfill RO.
b) My wife and kids r canadian citzen and living with me in my home country since Jan 2014.
c) wheather I have to prefer for appeal or apply for afresh for multiple entry visa/ PR etc.


an urgent reply is appreciated

Were your wife a citizen during the time you were outside Canada? If yes then you should meet the residency requirements from the first place. If not then H&C factors may be stronger when your wife and kid reside in Canada, not abroad.

 

[amrit bhullar]

Were your wife a citizen during the time you were outside Canada? If yes then you should meet the residency requirements from the first place. If not then H&C factors may be stronger when your wife and kid reside in Canada, not abroad.

The exact wording written by CIC CANADA IS:-
I HAVE REPORTED U UNDER sec44(1) for failing to meet RO under SEc 28. Now your application is being referred to review to Minister's delegate.

The minister's delegate may make a removal order against u which u may then appeal to the immig appeal div. u may have any additional information which u believe minister's delegate should consider regarding why should not make a removal order against u. Pl submit the info in writing to CIC

The minister's delegate will then make a decision on ur case based upon the info. u will also notified of the decision and any appeal rights.

under these circumstances u r entitled to a permanent resident card with a validity period of 1 year.

my wife is residing with me in my home country since JAN 2014

Please guide / advice me what I have to do. AN EARLY REPLY IS REQUESTED

 

[zardoz]

The exact wording written by CIC CANADA IS:-
I HAVE REPORTED U UNDER sec44(1) for failing to meet RO under SEc 28. Now your application is being referred to review to Minister's delegate.

The minister's delegate may make a removal order against u which u may then appeal to the immig appeal div. u may have any additional information which u believe minister's delegate should consider regarding why should not make a removal order against u. Pl submit the info in writing to CIC

The minister's delegate will then make a decision on ur case based upon the info. u will also notified of the decision and any appeal rights.

under these circumstances u r entitled to a permanent resident card with a validity period of 1 year.

my wife is residing with me in my home country since JAN 2014

Please guide / advice me what I have to do. AN EARLY REPLY IS REQUESTED

You will probably have to wait now until you are informed of the report and appeal rights. If you have any more mitigation to offer, you would have to be told where to send it. Is there an address in the letter? If not, your only alternative is to send it to the local office. Did CIC really send you a letter with such bad spelling and grammar, or is it your transcription?

 

[amrit bhullar]

thanks for reply zardos
yes, they have given the address and also given date bound of Oct.for reply . ( Please submit the information in writing by ______2014.at ______address)

There is no spelling mistake & bad grammer, Its my transcription .
The question is that there is no change in my H & C factors except my wife (citizen) living with me from Jan 2014.
I also not in a position to fulfill RO. Weather I have to write or CIC will give one year PR card without writing .

 

[Alurra71]

Based on what you are saying here, you aren't even living in Canada now?

I think your chances of winning an appeal are going to be slim to none.

My opinion only.

 

[zardoz]

thanks for reply zardos
yes, they have given the address and also given date bound of Oct.for reply . ( Please submit the information in writing by ______2014.at ______address)

There is no spelling mistake & bad grammer, Its my transcription .
The question is that there is no change in my H & C factors except my wife (citizen) living with me from Jan 2014.
I also not in a position to fulfill RO. Weather I have to write or CIC will give one year PR card without writing .

Unfortunately, the fact that your wife is now with you actually makes things worse for you. You can't claim that the revocation of your PR status will result in you being separated from your family. You have given CIC a definite advantage. Sorry, but I think that you are going to have a difficult time when it comes to the appeal.

 

[amrit bhullar]

Thanks again zardoz, Alurra71 & CanV for reply,

Please advice me that CIC have asked me to submit reply by _____2014. My H&C factors r still same. Is there any requirement to submit the reply. If yes, what I have to write to CIC .
or
They will give me 1 year PR card after my reply.

an early reply is requested.

 

[zardoz]

Thanks again zardoz, Alurra71 & CanV for reply,

Please advice me that CIC have asked me to submit reply by _____2014. My H&C factors r still same. Is there any requirement to submit the reply. If yes, what I have to write to CIC .
or
They will give me 1 year PR card after my reply.

an early reply is requested.

If nothing has changed, there is probably no point in replying. Just wait for CIC to tell you what needs to be done next. When were you last physically in Canada, even if it was only for a single day?

 

[amrit bhullar]

15 jun 2012

 

[zardoz]

15 jun 2012

In that case, I suspect that you are not automatically eligible to return to Canada for your appeal, if you chose to make one. It's doubtful that you will be granted even a one year PR card. I think that it may be "Game Over"

 

[Msafiri]

I HAVE Applied for PR renewal with 400days residency obligations under H & C grounds in Apr 13. The file was transfered to local office in Jul 2013. My Pr card already expired in JUL 2013. CIC now sent me a letter that My H & C factors r insufficient. You have to write to Minister's delegate. They may give me one year PR card then they will decide. My question is:-
a) My H & C factors r still same. If they give me one year PR card i still cannot fulfill RO.
b) My wife and kids r canadian citzen and living with me in my home country since Jan 2014.
c) wheather I have to prefer for appeal or apply for afresh for multiple entry visa/ PR etc.


an urgent reply is appreciated

1. You are better off getting re-sponsored for PR so you can be issued with a 5 year PR Card which is what you really need this being a travel document. You don't live in Canada, your family doesn't live in Canada and you only have 400 days at barely over half of a weak 40% (2/5 years) requirement i.e. you were in Canada for just 13 months and a few days in a 5 year period. Unless the CIC lawyer is incompetent or has bags of sympathy I can't see how this will work out for you at appeal. This on the presumption your absence was due to employment or any other lifestyle reason.

2. Once you have PR then you are safe on the RO as each day with your Canadian citizen spouse abroad counts as if it was a day in Canada...this just for the RO not for Citizenship.

 

[amrit bhullar]

Thanks for reply and advice Msafiri,

If CIC gives me one year PR card , then what I have to DO.

Can I surrender PR card of 1 year validity or withdraw my PR renewal application and then apply for PR afresh sponsored from my wife . Please give me some advice

 

[amrit bhullar]

Please advice me Msafiri