PRTD rejected for not meeting residency obligations what is next?

[Msafiri]

Dear Msafiri,

Thanks for your clarifications, I will consider what you mentioned. As for my case, we landed in September 2007 & left after 3 months, then returned in June 2010. My wife & children (two in university & 2 in school) never left Canada since that date, their PRs were renewed with no problems. In June 2013 all of them will be eligible to apply for citizenship since they will complete 3 years continuous residency. My wife doesn't work, we both filed taxes papers for all 5 years period, we never lived on welfare & will never do, I am supporting my family from my current job overseas.

All of of you, Msafiri, Leon, Scylla & Steaky were a great help for me & for others
May God bless you all

Glad to be of help and hope it works out for you. If you do have a solid job then it may just overcome visitor visa concerns. Check the sponsorship timeline in the visa post that would be processing your application. If its relativley fast then getting sponsorship application started immediatley is best then you don't have to stress about an appeal. You can relinquish PR voluntarily no need to wait for 60 days. If a visitor visa is refiused your family can travel to see you or if they have US visa then you can meet in the US.

Good luck

 

[Sasuki]

Dear Msafiri,

How do I relinquish my PR? I am from Lebanon but leave & work in UAE.

 

[steaky]

Dear Msafiri,

How do I relinquish my PR? I am from Lebanon but leave & work in UAE.

Read this older post for details:

http://www.canadavisa.com/canada-immigration-discussion-board/how-do-i-relinquish-my-pr-urgent-help-needed-t133148.0.html;msg2040590#msg2040590

 

[Msafiri]

Dear Msafiri,

How do I relinquish my PR? I am from Lebanon but leave & work in UAE.

As a residence determination has already been carried during the PRTD application (which actually works as per CIC Operational Bulletin 505) the best option is to write a letter to the visa post waiving your appeal rights and consenting to the failed PRTD application.

Include an application for a TRV (visit visa) in your package to save you time as the UAE post is busy. The visa post may send you a form IMM5538B which is a voluntary relinquishment of PR for those outside Canada and do not meet the Residence Obligation. If they do send just fill out and send it back ASAP.

If the visa post finds your evidence of ties to UAE acceptable they may issue a TRV prior to the 60 days of appeal.

All these may be moot if your 60 days are up soon...what is the date on the PRTD refusal letter?

 

[Sasuki]

PRTD refusal letter was dated on 08/05/2013.

 

[Sasuki]

Dear Msafiri,

I was reviewing the letter refers to the determination of my status as a permanent resident of Canada received from the visa office in Beirut when my PRTD request was rejected, dated on May 8, 2013. Somewhere is mentioned:
(If you have been in Canada at least once during the past 365 days, you may request this office to issue you a travel document to enable you to return to Canada. You may present your request, in writing, to this office no latter than SIXTY (60) DAYS from the date you receive this letter or provide evidence that you have filed a Notice of Appeal with the immigration Appeal Division within the sixty day period provided under the law).
Does this statement means that they will issue me a visa to return?
I am currently in the UAE, shall I return to Beirut & submit the letter, or this is a general statement for such cases, or should I ask for TRV from the UAE visa post office attached with waiving letter of my appeal rights?

Please advice

 

[PMM]

Hi

Dear Msafiri,

I was reviewing the letter refers to the determination of my status as a permanent resident of Canada received from the visa office in Beirut when my PRTD request was rejected, dated on May 8, 2013. Somewhere is mentioned:
(If you have been in Canada at least once during the past 365 days, you may request this office to issue you a travel document to enable you to return to Canada. You may present your request, in writing, to this office no latter than SIXTY (60) DAYS from the date you receive this letter or provide evidence that you have filed a Notice of Appeal with the immigration Appeal Division within the sixty day period provided under the law).
Does this statement means that they will issue me a visa to return?
I am currently in the UAE, shall I return to Beirut & submit the letter, or this is a general statement for such cases, or should I ask for TRV from the UAE visa post office attached with waiving letter of my appeal rights?

Please advice

1. You will be issued a PRTD to attend your appeal hearing.

 

[Msafiri]

Dear Msafiri,

I was reviewing the letter refers to the determination of my status as a permanent resident of Canada received from the visa office in Beirut when my PRTD request was rejected, dated on May 8, 2013. Somewhere is mentioned:
(If you have been in Canada at least once during the past 365 days, you may request this office to issue you a travel document to enable you to return to Canada. You may present your request, in writing, to this office no latter than SIXTY (60) DAYS from the date you receive this letter or provide evidence that you have filed a Notice of Appeal with the immigration Appeal Division within the sixty day period provided under the law).
Does this statement means that they will issue me a visa to return?
I am currently in the UAE, shall I return to Beirut & submit the letter, or this is a general statement for such cases, or should I ask for TRV from the UAE visa post office attached with waiving letter of my appeal rights?

Please advice

If you have been in Canada in the 365 days prior to PRTD refusal then you may apply for TD (which visa post must issue) to attend a hearing before the Immigration and Refugee Board. This TD will likely be issued when the appeal is listed for hearing which could be in 8-12 months from appeal date. Waiver of appeal letter needs to be issued to visa post that refused the PRTD. If you can physically get to the visa post in Beirut then the waiver will be processed faster.

I think you need to decide how soon you want to travel to Canada. If soon then I think appealing and entering via the US is faster than waiving your appeal and hoping to get a TRV. If you are in no rush then wait till your formal loss of PR and the TRV is issued (Beirut visa post quotes 22 working days to process TRV by mail or in person).

 

[Sasuki]

Dear Msafiri, Leon & Scylla.

I applied for TRV and I signed the relinquishment of PR Status form in the embassy & attached with TRV application a letter waiving my appeal rights & all necessary documents including my ties to UAE, now I am waiting their decision & hope to meet my family soon.

Thank you all for your guidance & support.

 

[Sasuki]

I received the visitor visa, I am in Canada with my family now.
Thanks for all who guided me.

 

[Msafiri]

Glad things worked out for you and you've got to see your family again. If ok to ask what is the validity and number of entries for the visa and what was your experience at the port of entry?

 

[Sasuki]

It's a visitor visa & valid for almost 2 years up to my passport validity, multiple entry. In Toronto airport, CBSA officer sent me to CIC officer who asked me to provide the return ticket only, I told them that I was a PR & lost it and came back as visitor to see my family.

 

[Msafiri]

It's a visitor visa & valid for almost 2 years up to my passport validity, multiple entry. In Toronto airport, CBSA officer sent me to CIC officer who asked me to provide the return ticket only, I told them that I was a PR & lost it and came back as visitor to see my family.

Thanks for this feedback it will help others in a similar position. Enjoy your time with the family and safe journey back to ME.

 

[rpk]

Hello Scylla
I am writing on behalf of my friend. Her is father is ill, but she cannot go as her PR card is expired. She has 6 more months to go to get 2 years of residency. If she goes, would she be able to get a travel document to come back, without completing her residency obligation (under H & C grounds)? She wants to go only for a week or two. All her family members are in Canada (3 kids and the husband). What's your advice?

Yes - this is normal since you have failed to meet the residency obligation.

You can appeal if you have a good reason for not having met the residency obligation. A good reason is something like a serious illness that prevented you from traveling to Canada. CIC does not accept job, financial or educational reasons as valid reasons for failing to meet the residency obligation. So if you were outside of Canada due to a job - I wouldn't bother appealing.

To visit your family in Canada, you will now need to apply for a visitor visa (I'm assuming you are from a non visa exempt country).

If you want to become a PR again, then your wife can sponsor you once you are ready to make Canada your home.

 

[rpk]

Dear Leon, Msafiri, Steaky and PMM,
Please let me know whether it would be ok for her to go home to see her father. I really appreciate your advice.
Thanks

Hello Scylla
I am writing on behalf of my friend. Her is father is ill, but she cannot go as her PR card is expired. She has 6 more months to go to get 2 years of residency. If she goes, would she be able to get a travel document to come back, without completing her residency obligation (under H & C grounds)? She wants to go only for a week or two. All her family members are in Canada (3 kids and the husband). What's your advice?