PR Refused

[Iannn]

Hello Need for help

I applied for application for permanent residence under the Spouse or Common-Law

Partner in Canada class.

And I am outside Canada for some reason for one year.

Last week I received an email from immigration telling me that your application for permanent residence is refused. And my temporary resident status will expire on this month and will not be extended.



They emailed me before the decision made one month ago they told me they need original copy to proof that why I did not come to Canada for long time

I told them I was taking care of my mother and I sent to them medical report and I told them I am coming on 15 of September

I booked tickets to come to Canada September 15 2022

But I was surprised they sent email Sept 9 on Friday Before coming to Canada.



What should I do!!

Can I apply for travel visa?

Can I apply for application for permanent residence again and which one inside Canada or outside

 

[scylla]

Hello Need for help

I applied for application for permanent residence under the Spouse or Common-Law

Partner in Canada class.

And I am outside Canada for some reason for one year.

Last week I received an email from immigration telling me that your application for permanent residence is refused. And my temporary resident status will expire on this month and will not be extended.



They emailed me before the decision made one month ago they told me they need original copy to proof that why I did not come to Canada for long time

I told them I was taking care of my mother and I sent to them medical report and I told them I am coming on 15 of September

I booked tickets to come to Canada September 15 2022

But I was surprised they sent email Sept 9 on Friday Before coming to Canada.



What should I do!!

Can I apply for travel visa?

Can I apply for application for permanent residence again and which one inside Canada or outside

You need to be living in Canada to qualify to apply under the in Canada process. So you were correctly refused.

You need to get a TRV to travel to Canada if your TRV is no longer valid.

If the TRV is approved, you can reapply inland once you arrive in Canada and assuming that this time you will remain in Canada.

If not, then you need to apply outland.

 

[YVR123]

Are you the PA or the sponsor?

If you are the PA, ask your spouse to apply again under outland.
It's likely less complicated to file a new application instead of try to do an appeal. One of the requirement for inland sponsorship is to live with the sponsor inside Canada. If you knew that you have to leave and stay outside, you could have withdrawn the inland application. And reapply outland back then (a year ago).

Not sure whatelse can change that decision. If you now what to travel back, you can try to apply for TRV. The chance of getting it approved is not high but it's worth to give that a try.

 

[Ponga]

Another option would have been submitting a new Inland application (if you can remain in Canada during the entire process) along with an OWP. This would have given you Maintained Status (formerly Implied Status) once your current status expires. It would have only given you visitor status and you would not receive the OWP (or authorization to work in Canada (unless working remotely for a paerson/company outside of Canada) until you reached first stage approval (AIP).

Since the OWP can now only be submitted online (apparently), no idea if it can still be used to give Maintained Status, since it would not be `received' by IRCC in the same package, at the same time. THAT was what gave a person (with current legal status) Maintained Status. Might be worth investigating?

 

[YVR123]

Another option would have been submitting a new Inland application (if you can remain in Canada during the entire process) along with an OWP. This would have given you Maintained Status (formerly Implied Status) once your current status expires. It would have only given you visitor status and you would not receive the OWP (or authorization to work in Canada (unless working remotely for a paerson/company outside of Canada) until you reached first stage approval (AIP).

Since the OWP can now only be submitted online (apparently), no idea if it can still be used to give Maintained Status, since it would not be `received' by IRCC in the same package, at the same time. THAT was what gave a person (with current legal status) Maintained Status. Might be worth investigating?

OP is currently outside of Canada and is not sure how he/she can return.

 

[Ponga]

OP is currently outside of Canada and is not sure how he/she can return.

OP states that they plan to travel on 15 Sep and that their current temp resident status expires `on this month'(?). If it expires before 15 Sep, you are 100% correct.

 

[Iannn]

Another option would have been submitting a new Inland application (if you can remain in Canada during the entire process) along with an OWP. This would have given you Maintained Status (formerly Implied Status) once your current status expires. It would have only given you visitor status and you would not receive the OWP (or authorization to work in Canada (unless working remotely for a paerson/company outside of Canada) until you reached first stage approval (AIP).

Since the OWP can now only be submitted online (apparently), no idea if it can still be used to give Maintained Status, since it would not be `received' by IRCC in the same package, at the same time. THAT was what gave a person (with current legal status) Maintained Status. Might be worth investigating?

OP is currently outside of Canada and is not sure how he/she can return.

OP states that they plan to travel on 15 Sep and that their current temp resident status expires `on this month'(?). If it expires before 15 Sep, you are 100% correct.

OP states that they plan to travel on 15 Sep and that their current temp resident status expires `on this month'(?). If it expires before 15 Sep, you are 100% correct.

My work permit expire on Sept 27 but I was afraid of to come to Canada after refusing PR I was thinking might be returned me back to my country

 

[scylla]

My work permit expire on Sept 27 but I was afraid of to come to Canada after refusing PR I was thinking might be returned me back to my country

Do you have a valid TRV or eTA?

The work permit alone is not enough to return to Canada.

 

[Iannn]

Do you have a valid TRV or eTA?

The work permit alone is not enough to return to Canada.

Yes I have work visa also expire on September 27

 

[scylla]

Yes I have work visa also expire on September 27

So you have a valid work visa - and also a valid TRV, correct?

 

[Iannn]

So you have a valid work visa - and also a valid TRV, correct?

Yes

 

[scylla]

Yes

Then you can travel to Canada.

Your PR application is dead and you'll need to reapply from the start.

 

[Iannn]

Then you can travel to Canada.

Your PR application is dead and you'll need to reapply from the start.

Someone told me if you get refused from immigration for PR you can’t enter Canada
And In the refused letter they mention that my temporary resident status will expire on this month and will not be extended.
Yes I have to reapply from the beginning

 

[Iannn]

Someone told me if you get refused from immigration for PR you can’t enter Canada
And In the refused letter they mention that my temporary resident status will expire on this month and will not be extended.
Yes I have to reapply from the beginning

Thank you

 

[YVR123]

Thank you

The question is again about if you visitor visa is still valid (has not expired).
If so, you can re-enter as a visitor.