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Probable Resident status Revocation ...please advise

kimosabe

Star Member
Feb 11, 2014
64
2
A good immigration lawyer may be able to point you in the right direction, for you and your family to take. Keep us posted. Good luck, DVR.
 

DVR

Full Member
Feb 13, 2013
30
1
Thanks for your reply.

Btw, what is the definition of "Good Lawyer" ?
For me, given all the facts I have our forward, "Good Lawyer" is the who can provide me the below solution.

Desired Solution
------------------
1. We all stay here seamlessly and
2. my younger daughter joins us in next 4-6 moths max (whatever the way whether PR/WP/ any other)

Other than this, we do not require lawyers as experts and Champions are available to help we will always be grateful for that.

In fact, I would request Mr. Leon, Mr. Msafiri and rest of the experts to look into this and find out some way.

Really appreciate you all's time and efforts here.

regards,
 

Leon

VIP Member
Jun 13, 2008
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1. Seamlessly depends on your interview. If you can convince them not to revoke your PR during the interview, you will all stay seamlessly.

2. You'd need a TRP for your daughter to be able to join you.


Your work permit idea, you'd have to renounce your PR before you can get a work permit. You would then be asked to leave. You would have to have an employer lined up. The employer would have to apply for an LMO for you so you can apply for a work permit. The LMO might not be granted. The work permit might not be granted. Which would mean you renounced your PR for nothing. And besides, even if it would work out, it would still take a few months to get all that arranged. The biggest hurdle probably finding an employer who will apply for an LMO for you and stands a chance at getting it.
 

Aspat

Hero Member
Nov 27, 2013
276
26
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Leon,

My husband is a PR and currently in Canada. ( My kids and I are PRs as well and live in Canada).Due to non compliance of RO, he's planning to relinquish PR status simultaneously applying for an ICT work permit (executive category). He is an Indian national with UAE residency. The immigration lawyer (a reputed one) said he will not have to exit Canada since they will be applying for a TRV at the same time. She also mentioned that the visa post for the application would be New York. (My husband has a multiple entry US visa). Her theory is that the timeline for PR relinquishment and decision for work permit and TRV would coincide thereby eliminating the necessity to exit Canada.

Could you please confirm this? Thanks.
 

Aspat

Hero Member
Nov 27, 2013
276
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To add to my above post, my husband is already working in the same capacity in Canada. He will have to apply for work permit only because of not meeting RO and also to keep the option to travel open.
 

Alurra71

VIP Member
Oct 5, 2012
3,237
309
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
Aspat said:
To add to my above post, my husband is already working in the same capacity in Canada. He will have to apply for work permit only because of not meeting RO and also to keep the option to travel open.
If he has made it into Canada without being reported for NOT meeting the RO, then it would be utterly ridiculous for him to relinquish his PR only to TRY to apply for a work permit and a TRV. If he has not been reported, then he should make a concerted effort to remain inside Canada for a minimum of 2 years to put his PR back on track and to then meet his RO.

If he has been reported for RO breach that is a different story.
 

DVR

Full Member
Feb 13, 2013
30
1
Hi Aspat,

I completely agree Alurra71.

Nice to know that you have similar situation and I am sure there are hundreds of us having a same problem. especially people from Gulf region. (UAE, Oman etc.)

Btw, WP route your husband is stating is contradicting with my lawyer's advise. I request you all to do due diligence before taking any action as there are lawyers here who confidently say that they can convert your status from illegal to legal, cancel deportation order and make fake passport also ..... for taking money from client they say anything under the sun .... So be cautious and get the true advise.

I am also from UAE. So if you want we can connect and discuss and take such action together.
 

Aspat

Hero Member
Nov 27, 2013
276
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I agree.

Unfortunately, his work is such he has to travel to various countries, which makes staying put in Canada an impossibility.

As of now, he is the main guy in the company in Canada with at least 6 citizens/PRs reporting to him. The parent company is multinational and he is an important employee of the parent co, which makes travel in and out of Canada imminent.
 

Hasher

Hero Member
Apr 2, 2010
302
4
DVR

I feel deeply Sad and Sympathy for those having such situation, I cannot give any Suggestion better than what already recommended to you by experts, but ask you to Pray whoever you believe to bring you out from this situation and unite your family. I believe when there is no way then Allah (God) has solution and whatever happen is best for us.

I really feel so bad after reading your post, that a three year old child is waiting for parents to call her, when I think myself in your shoes my heart tear up.

regards
 

Msafiri

Champion Member
Nov 18, 2012
2,667
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Aspat said:
I agree.

Unfortunately, his work is such he has to travel to various countries, which makes staying put in Canada an impossibility.

As of now, he is the main guy in the company in Canada with at least 6 citizens/PRs reporting to him. The parent company is multinational and he is an important employee of the parent co, which makes travel in and out of Canada imminent.
What your husband wants and has used in the past like other PRs with a lifestyle choice is a multiple entry visitors visa but with employment rights..as the FC has stated in extensive case law this use of the PR Card as a glorified visitors visa doesn't cut it. Why don't you just re-sponsor him for PR....he gets PR and a fresh 5 year RO block and more importantly the PR Card that he really wants for his travels.
 

DVR

Full Member
Feb 13, 2013
30
1
Dear Hasher,

Thanks for your hearty concerns.

Btw, somehow I feel that there should be some way using WP route or any other route. Unfortunately, not able to find a lawyer who shows confidence in solving the problem and keeping our stay here seamless and also my daughter gets a legal entry soon.

Do let me know if you have some Solution.

Regards,
DVR
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
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DVR said:
Thanks for your reply.

Btw, what is the definition of "Good Lawyer" ?
For me, given all the facts I have our forward, "Good Lawyer" is the who can provide me the below solution.

Desired Solution
------------------
1. We all stay here seamlessly and
2. my younger daughter joins us in next 4-6 moths max (whatever the way whether PR/WP/ any other)

Other than this, we do not require lawyers as experts and Champions are available to help we will always be grateful for that.

In fact, I would request Mr. Leon, Mr. Msafiri and rest of the experts to look into this and find out some way.

Really appreciate you all's time and efforts here.

regards,
CIC cut PRs so much slack by having such a paltry RO at 40% (2/5 years) and an almost laughable (increasingly less so) enforcement policy what with all those PRs sliding by the POEs. Compare this with CBP and greencard holders who when absent for more than 6 months have to prove they never intended to abandon the US as their place of Permanent residence.

This is why so many Canadian PRs breach the RO despite it being spelt clearly throughout the PR process and upon PR Card issuance. The problem is that when you have such a slack policy when you deal with a breach you have little sympathy and the courts are increasingly siding with CIC when they report PRs.

You are expecting CIC to show leniency when they already gave you a break by not reporting you even to date. Is there some scope for one parent to go and stay with the baby you cancel the PR and re-apply when you have 730 days....you are enroute to the number already. Think of it as taking 1 step back but 2 forwards.

What would the impact on you if you lost PR?
 

dutsub

Member
Apr 20, 2013
12
0
It is my belief that CIC officers are people of good standing and values. They will not chase anyone genuine as rigorously and strictly as they will normally to a criminal. All of them are sons, parents, brothers, sisters from good families and they know the importance of family relationship and the family system. As in my case, I am going through stressful situation, so are you. But at the end, they will keep you and us smiling. Don't forget to thank them. I will. Yes Leon and many others do good job giving the factual pictures, but good men will come out triumphant. They will not separate families. Canada needs many many god people.
 

on-hold

Champion Member
Feb 6, 2010
1,120
131
One of the things that I like about Canada is that it tends not to criminalize or moralize situations like this. The RO breach is a civil matter, and the process for dealing with it is slow enough that the person involved has an opportunity to adjust their life. I actually find myself in agreement with both sides here. The RO terms are not onerous, and I completely understand that Canada chooses them to draw a line around -- meet them or your PR will be revoked. At the same time, the need for a young child to be with their parents has a certain basic validity that goes beyond 2 out of 5 years residency. The OP is not wrong to try and figure out how this can be met; and if it can be done while keeping PR status, all to the best. If not, then there is no shame in trying to figure out what combination of moves by the OP and Canada can be acceptable to both. Good luck to them!
 

DVR

Full Member
Feb 13, 2013
30
1
Hi MsaFiri, leon and other experts,

Today, one lawyer suggested a mid way. He told that any friend who is Canadian citizen can apply for TRV (visitor visa) for my daughter and some other relatives to invite for some social occasion. This way my daughter might get a TRV along with rest of the relatives who are also invited for such social occasion. Thus my daughter can stay with us for 6 months and then we can apply for renewal. This is an arrangement till we complete RO.

Can you please help again to validate this suggestion? Can any Canadian citizen can call anybody's daughter (3.5 years) just like for any visiting Canada? !!!!!!

Please guide.