Renewal Of PR under special consideration.
- Thread starter Suavemec
- Start date
Thanks Leon!
In the event we get reported, I understand we will have a months time to appeal, followed by a wait of 12 to 18 months to know if our PR status can be retained or revoked. Are we issued a temporary PR card or some kind of a document during this period, so as to travel if required? Is one allowed to travel whilst the appeal is under process?
In the event we get reported, I understand we will have a months time to appeal, followed by a wait of 12 to 18 months to know if our PR status can be retained or revoked. Are we issued a temporary PR card or some kind of a document during this period, so as to travel if required? Is one allowed to travel whilst the appeal is under process?
If you manage to enter without being reported, it would be wise not to travel while you still don't have your two years in Canada.
If you get reported, it is possible that they will issue a temporary 1 year PR card while you are under appeal, however, it would still be best to stay in Canada for the most part because for your appeal hearing, you would want to say that you are now settled in Canada with a job etc., not that you have spent most of the time overseas.
If you get reported, it is possible that they will issue a temporary 1 year PR card while you are under appeal, however, it would still be best to stay in Canada for the most part because for your appeal hearing, you would want to say that you are now settled in Canada with a job etc., not that you have spent most of the time overseas.
Thanks Leon! I get the picture...
I was just wondering if one manages to secure a job with a Canadian company where travelling is required. Would it be then advisable to travel the appeal period on the temporarily issued PR card? I believe the number of days for which one travels for professional reasons are counted as number of days stayed in the country, so long as the company one is working for is a reckoned one and the professional travelling is justified or endorsed by the company.
My wife was a cabin crew and had to travel on international flights frequently. Would she be allowed to fly in and out out Canada with the temporary PR card during the appeal period in case she manages to find a similar job?
Having stable jobs would further strengthen our case and intention of settling down and technically speaking we should be allowed to travel under such circumstances.
I was just wondering if one manages to secure a job with a Canadian company where travelling is required. Would it be then advisable to travel the appeal period on the temporarily issued PR card? I believe the number of days for which one travels for professional reasons are counted as number of days stayed in the country, so long as the company one is working for is a reckoned one and the professional travelling is justified or endorsed by the company.
My wife was a cabin crew and had to travel on international flights frequently. Would she be allowed to fly in and out out Canada with the temporary PR card during the appeal period in case she manages to find a similar job?
Having stable jobs would further strengthen our case and intention of settling down and technically speaking we should be allowed to travel under such circumstances.
No, it would not be safe to take a job where travelling is required. If you get a one year PR card, you should use it for emergencies only.Suavemec said:
Under normal circumstances, if you meet the residency obligation and you take a job where the employer transfers you to an overseas position, full time, you would be able to count your days towards your residency obligation. -- However, if you are under an appeal and you look for such a job in order to leave Canada, this will not at all look good for your appeal.
As for jobs where you are not transferred full time to an overseas position, just that a lot of travelling is required, those days are not counted towards the PR residency obligation. -- Under normal circumstances, where you meet the residency obligation, you would not have a job where you would have to travel outside Canada more than 1095 days per 5 year period or 219 days per year on average, that is 60% of the year so in that case, you could have such a job and still meet the RO. -- However, in your situation, you should both look for jobs where travel outside Canada is not required.
Thanks Leon for such a detailed reply. I will have to keep this in mind during for the first 2 years and hope to find something that does not need travelling! I am also considering applying for financial help and use this time to upgrade myself by doing a course and stay in the country at the same time.
You can enroll in a course and get student loans like anybody else but as for any other type of financial assistance, be careful. If there is an appeal hearing, it will look better for you if you are working full time and supporting yourself than taking benefits and attending courses.
Thanks for this piece of advise an understand your reasoning here. I don't think so we will need any other type of financial assistance at least for the first 2 years though. Will think about applying for a financial aid or doing a course now....
Hi Leon / Msafiri
It’s been roughly around a month and a half that I had to return to seek advises again, as I have a slight situation that may hamper my plans of moving as a family. Since you guys know my case and have all along guided me, I preferred addressing this communication specifically to you both.
I may have to travel and make an entry alone by myself as my wife with my daughter absolutely have to continue to be in charge of my Nephew until my older brother returns in July 2014 and takes over.
I am thinking of leaving alone ASAP, by the end of March 2014 and making an entry alone and try getting my PR renewed first after completing those 730 days. I guess I can then sponsor my wife, daughter and nephew later after fulfilling the RO and getting my PR back, but I am not sure. My questions are:
a) Is it possible to sponsor my family later once I get my PR renewed after fulfilling the RO.
b) Do you think it will create further problems at POE if I travel all alone without my family as I feel questions will be raised and chances of getting reported may be higher?
c) Off course my case does not change and I will be carrying a file with all the relevant documents pertaining to my nephew’s guardian ship case and death certificates to try and prove my unfortunate case.
My only concern and fear is that the chances of me getting reported may increase if I travel without my family. Also I must know if I can sponsor and reunite with my family after fulfilling the RO or else my efforts would be in vain.
Thanking you guys in advance for your precious time and help....Your inputs will be highly appreciated!
It’s been roughly around a month and a half that I had to return to seek advises again, as I have a slight situation that may hamper my plans of moving as a family. Since you guys know my case and have all along guided me, I preferred addressing this communication specifically to you both.
I may have to travel and make an entry alone by myself as my wife with my daughter absolutely have to continue to be in charge of my Nephew until my older brother returns in July 2014 and takes over.
I am thinking of leaving alone ASAP, by the end of March 2014 and making an entry alone and try getting my PR renewed first after completing those 730 days. I guess I can then sponsor my wife, daughter and nephew later after fulfilling the RO and getting my PR back, but I am not sure. My questions are:
a) Is it possible to sponsor my family later once I get my PR renewed after fulfilling the RO.
b) Do you think it will create further problems at POE if I travel all alone without my family as I feel questions will be raised and chances of getting reported may be higher?
c) Off course my case does not change and I will be carrying a file with all the relevant documents pertaining to my nephew’s guardian ship case and death certificates to try and prove my unfortunate case.
My only concern and fear is that the chances of me getting reported may increase if I travel without my family. Also I must know if I can sponsor and reunite with my family after fulfilling the RO or else my efforts would be in vain.
Thanking you guys in advance for your precious time and help....Your inputs will be highly appreciated!
a) Yes, there is no problem sponsoring your family as long as they have officially lost their old PR. That is, when you are ready to sponsor them, they should apply for a travel document to get that verified.
b) No, there could be a multitude of reasons why a man travels without his family. I do not think that increases your odds of getting reported.
c) Good idea. You can show it if you are asked and explain your case.
b) No, there could be a multitude of reasons why a man travels without his family. I do not think that increases your odds of getting reported.
c) Good idea. You can show it if you are asked and explain your case.
Many thanks for the prompt reply.
Given the fact that my wife’s and my daughters PR’s are valid till April 6th 2015, they may want to join me by travelling later around August 2014 end. Would that be advisable? I am not sure. I guess not as they may get questioned and reported by the immigration officials leading to an appeal. Will my presence in Canada, then, make any difference to them or me?
We are looking into options of reuniting and start staying in Canada ASAP to start our lives together, and if option discussed above could be workable, then I can have them travel later before their PR’s expire. I then don’t have to wait for a long process of fulfilling my RO and then sponsoring them which will take 730 days plus the time to complete their formalities. Kindly advise as we are not sure if we should resort to this plan. But if it attracts complications, then I would rather travel alone and sponsor them later after renewing my PR status.
Given the fact that my wife’s and my daughters PR’s are valid till April 6th 2015, they may want to join me by travelling later around August 2014 end. Would that be advisable? I am not sure. I guess not as they may get questioned and reported by the immigration officials leading to an appeal. Will my presence in Canada, then, make any difference to them or me?
We are looking into options of reuniting and start staying in Canada ASAP to start our lives together, and if option discussed above could be workable, then I can have them travel later before their PR’s expire. I then don’t have to wait for a long process of fulfilling my RO and then sponsoring them which will take 730 days plus the time to complete their formalities. Kindly advise as we are not sure if we should resort to this plan. But if it attracts complications, then I would rather travel alone and sponsor them later after renewing my PR status.
Of course they do run a risk of getting reported when they enter. I do not know if immigration will evaluate you again if you get through and your wife gets reported. I have not heard of such a case.
If you want to take them with you, I think you should all go together.
If you want to take them with you, I think you should all go together.
From your post, I feel I will be taking a big chance by allowing them to enter later after me and carry the risk of them getting reported. Moreover I am not sure of my fate in the event they get reported. I feel best would be to land altogether OR land alone by myself and sponsor them later after fulfilling my RO and getting my PR status re validated....
I guess I should be prepared to stay without my family for 730 plus days before reuniting. I see that as the best option in my case, unless my luck runs out and I get reported leading to more dire consequences.
Please do let me know if you can think of other options though....
Thanks!
I guess I should be prepared to stay without my family for 730 plus days before reuniting. I see that as the best option in my case, unless my luck runs out and I get reported leading to more dire consequences.
Please do let me know if you can think of other options though....
Thanks!
Oh Thanks Leon! That was another important piece of information. A very useful clue.
Its nice to know that I can have my family if I get reported. I presume I can then appeal for the whole family together. Would it be then necessary to have all the family members present in Canada at the time of appeal OR I can appeal on behalf of them and they can follow later as in my case, where my wife and daughter will not be able to join me before August or September 2014. I am raising this question because one has a months time to appeal after entering and if physical presence of all the family members is required, then in my case I will not be able to meet this criterion. I hope you are getting my point here...
Its nice to know that I can have my family if I get reported. I presume I can then appeal for the whole family together. Would it be then necessary to have all the family members present in Canada at the time of appeal OR I can appeal on behalf of them and they can follow later as in my case, where my wife and daughter will not be able to join me before August or September 2014. I am raising this question because one has a months time to appeal after entering and if physical presence of all the family members is required, then in my case I will not be able to meet this criterion. I hope you are getting my point here...