Returned Application to Case Processing Centre

[Rocks]

Hello,

This is a great forum. Hope i could find some information relevant to my complex situation.
I returned to Canada few weeks before my PR card expired and immediately applied for renewal via Case Processing Centre-Sydney. Then I got a notice that my file has been transferred to local CIC office. From local CIC office I received additional papers to send as I did not meet residency requirements. I did that.
After a couple of months I had to leave Canada due to family issues. After a year, I got called for the interview in Canada.
I have applied for Travel document from Canadian embassy abroad. I am still waiting for the outcome.

when I checked my on-line status , I found this information...
We returned your application to the Case Processing Centre on May 13, 2013. The Case Processing Center will continue to process your application within the normal service standards

My question is : what does it mean?
I do not like it and not being very optimistic about my PR card renewal.

Thanks

 

[zardoz]

If you applied to renew your PR card, and you knew that you would not meet the Residency Obligations, you must have had a "Plan B"?

Now that you are in the system, it's probable that they will "eventually" revoke your PR status and you will be given the opportunity to appeal. Leon is our resident expert it seems, so you can expect a comment from him, but in all likelihood, unless you have a really compelling H&C reason for failing to comply, you are in the mire.

Either way, expect a long wait, and if you are already outside the country, don't expect to get back any time soon if you require a PRTD to re-enter Canada.

 

[us2yow]

I agree. Also, the way you have described it in your posting has a flavor of flying and flying out just to take care of PR card renewal in the meantime when you are in Canada. However, much more important and a basic pre-requisite, if you dont have the minimum 730 days (2 years) in last 5 years from date of application signing you will face a much longer wait and questions from CIC.

 

[Rocks]

Zardoz, thanks for reply. Sometimes there are things in life that happen beyond your control and unexpected.
I got PRTD valid for 6 months but only to make an appeal in person, if I want to. The PRTD has been issued based on the grounds that I have been present in Canada at least once within 365days before the examination and decision on my status in Canada has not been solved.Accompanying letter states that I have failed to meet residency obligations, they considered H&C grounds etc. If I do not appeal, my PR status will be revoked within 60 days, automatically.
Honestly, I am not sure what to do as appealing process can take more than 1 yr ......seems like filing new application for PR card would be less time consuming but financially expensive quest with unclear outcome. Tricky part is that 5000 applications have been accepted under FSW only.
Cheers

 

[zardoz]

Do you "realistically" think that you could win an appeal? If so, go for it; otherwise you should seriously think about what you wish for your future and plan accordingly. Good luck!

 

[Rocks]

Thanks for all you replies.
Kind regards

 

[Rocks]

I have received an interesting letter from CIC office to my landlord address in Canada...

As a negative determination of your residency obligation has been made abroad, I no longer have
jurisdiction to make a decision on this matter. No further interviews will be scheduled at CIC
Vancouver Admissions for your application. You are not eligible for a five-year permanent
resident card. Your application has been closed and returned to the Case Processing Centre in
Sydney, Nova Scotia.
As you received a negative decision on your permanent resident determination in Vienna and
have appeal rights, I am requesting a one-year permanent resident card for you. Your card may
be mailed to you, or you will be notified when the card is ready to be picked up. lf, at the time you
are to pick up the card, you have made an appeal of the negative determination, please bring with
you proof of having made an appeal. lf you do not make an appeal, and it is more than 60 days
from the date of the negative determination, you will not be eligible for the one-year permanent
resident card.

Any ideas what this means as I am beeing issued both PRTD valid for 6 months to make an appeal and opportunity for 1 yr valid PR card to attend the appeal?
Based on your experience, how long does it take to be scheduled for hearing and how long the whole procedure would take?
By chance if I win the appeal, I presume that my residency status will be resumed, will be issued a new PR card valid for5 years and be able to sponsor my family to immigrate.Please advise.
Any advice?

 

[Msafiri]

1. CIC were going through the process of renewing your PR Card and were reviewing the additional documents you submitted to determine if they could be considered as Humanitarian and Compassionate circumstances to overcome your breach of the Residence Obligation. It appears they were going to interview you.

2. Instead of sitting tight in Canada to help your case you left and not only that applied for a TD...you should have entered via a land border with the US. You've effectively trashed the PR Card application above and are being issued a 1 year validity PR Card as per the law for those undergoing an appeal.

3. Appeals take 12+ months to be listed before the Immigration and Refugee Board...the hearing will be in Vancouver which is one of the busier offices so maybe more like 15+months. If you intend to appeal then do so before the 60 days and return to Canada before the PRTD expires. I will be surprised if CIC mail your card out...they have the right to require you to collect it in person. Are you willing to remain in Canada until the appeal is heard?

4. Until the appeal is decided you remain a PR under report so you can enter Canada (if you can manage to get to the border) and remain in Canada. Day to day stuff may be problematic if it requires a PR Card e.g. BC insist on a valid PR Card to issue a DL. I guess if you get the PR Card you could in theory travel during its validity but that won't do your appeal any good.

If the IRB reject your appeal and side with CIC you can appeal to the Federal Court on a point of law but you need the FC permission to appeal...another 12+ months. If FC sides with IRB and CIC then its really the end of the road for your PR. Where your loss of PR is confirmed you get 30 days to leave under a removal order. If you don't leave in 30 days the Removal Order automatically becomes a Deportation Order which will make it tough to ever return to Canada.

What are the reasons for your absence and what is your shortfall in days? If absence is of a compelling matter e.g taking care of a terminally sick parent and declared time is say 700 days then the court may have sympathy. If its for a better paying job or other lifestyle choices sorry no dice - the PR requirement is one of the most lax in the developed world at 40% (730/1825 days)...its a hard sell explaining a shortfall.

5. If you win the appeal you get to keep your PR and can sponsor/apply for a PR Card. Your Residence Obligation is not reset to zero though so you can't just leave Canada for 3 years...you should remain for 2 straight years.

6. You probably need to review why you want Canadian PR which ultimately is mean't for you to live in Canada not a glorified tourist visa ...no point going through the PR application and return to this situation in 5 years time.

 

[Rocks]

Many thanks for your reply.
One thing I do not understand,
If CIC in Canada invited me to attend the interview in Canada to assess my residency status (all circumstances,H&C grounds etc). why did CIC outside Canada conclude that I did not have sufficient grounds to retain my status and attend the scheduled interview at local CIC office? In both cases I have notified CIC that I left Canada due to family issues but still was invited for the interview.

After reading several posts here and elsewhere, interview at local CIC office can be positive or negative. People with various backgrounds employed/not employed, Canadian students/not students have retained/not retained their PR status. Taking care of terminally ill family member/relative are not sufficient reasons for resuming PR status based on H&C grounds. There are no strict rules. One thing is for sure, If I had applied for PR card renewal after 2 years in Canada, then I would probably have very good chances to retain PR status.

Thanks