Revealed that I have PR status when applying for study permit

[canberra0410]

Greetings...

The story

I am from a visa exempt country. I intent to stay in Canada in the future. Hence, I applied for 2 permits.

One is the open work permit from the IEC to give myself a chance to being sponsored by an employer and stay in Canada, to gain enough work experience and apply for PR through EE.

Another is the study permit to earn Canadian education and PGWP, and work, and apply for PR through EE.

The open work permit is being granted luckily, so does the corresponding eTA.

However, the application for the study permit was being on-hold since I was revealed that I have PR status, and I was asked if I should retain the status by applying the PRTD, or to renounce the PR.

I was told that I have been to Canada 20+ years ago when I was 5 with my parents, but they didn't tell me that I entered Canada as a PR, but not as a visitor. Hence, I have not enter Canada since then, which clearly I breach the PR obligation.

In short, very interested that I intent to move to Canada by applying for different kind of visas to give myself a chance to stay, and end up that I didn't know that I was a PR until I submitted the application for the study permit.

My questions:

1. Why I have granted eTA with my open work permit if I have PR status? I am using the same GCkey to apply for both the open work permit and the study permit? CIC should realize that I am the same person.

2. Should I find ways to show that I am intent to stay in Canada when the next time I enter Canada?

3. If the answer is yes for question 2, what should I do?

4. I knew that I breach the PR obligation, but is there any chances that I will be forgiven, or I must renounce my PR status, and find my way to meet the requirements of EE to apply for PR again in the future?

I received the letter for revealing the PR status from my study permit application 15mins before my open work permit from IEC was granted., So does the eTA

This is the first time I post a thread on this forum, I hope I posted at the correct session.

Thank You!

 

[k.h.p.]

Well, this is a fascinating question.

It's typically not a good idea, even if you don't have PR, to apply for a number of different visas "to show intent to remain in Canada." That's generally a reason to deny visas.

As for your dilemma, I honestly have no idea. You would probably get admitted to Canada and then reported, and you could go through the adventure of attempting to establish that you did not know you were a PR. But I have honestly no idea and can't give any advice on that matter.

 

[canberra0410]

Well, this is a fascinating question.

It's typically not a good idea, even if you don't have PR, to apply for a number of different visas "to show intent to remain in Canada." That's generally a reason to deny visas.

As for your dilemma, I honestly have no idea. You would probably get admitted to Canada and then reported, and you could go through the adventure of attempting to establish that you did not know you were a PR. But I have honestly no idea and can't give any advice on that matter.

I didn't show that I intent to stay in Canada when applying for those visas, or else, my open work permit will not be granted...

BTW, it comes up with my another question...

I received the letter, which said I have been found that with PR status, said that if I don't react within 7 days, a decision concerning your application will be made based upon the information already submitted with this application. If I don't really react, when will really happen?

Will my study permit being refused ONLY, or even my PR will be lost?

And if my study permit being refused, will it be refused again if I apply again in the future?

Or, if any of the applications for any visas were being refused once, will this affect any of the other applications related to any visas in the future?

 

[Copingwithlife]

If you receive a letter from The Government requesting a response it’s more than likely recommended that you respond.
It would be helpful if you posted the letter but deleted all personal information on the letter .
As well you had mentioned you had applied for visas but did not mention you intended to stay in Canada
Even though you are from a visa exempt country , that doesn’t allow you to stay, it only allows you to visit . Misrepresentation when applying for visa to enter Canada, the punishment is harsh

 

[zardoz]

I didn't show that I intent to stay in Canada when applying for those visas, or else, my open work permit will not be granted...

BTW, it comes up with my another question...

I received the letter, which said I have been found that with PR status, said that if I don't react within 7 days, a decision concerning your application will be made based upon the information already submitted with this application. If I don't really react, when will really happen?

Will my study permit being refused ONLY, or even my PR will be lost?

And if my study permit being refused, will it be refused again if I apply again in the future?

Or, if any of the applications for any visas were being refused once, will this affect any of the other applications related to any visas in the future?

If you are determined to be a Permanent Resident, you will be ineligible to hold any form of work/study permit, temporary resident visa or eTA. Any that have been "accidentally" issued will be void.Your only options then are renounce, apply for a PRTD or entry via the USA land border.

 

[canberra0410]

If you receive a letter from The Government requesting a response it’s more than likely recommended that you respond.
It would be helpful if you posted the letter but deleted all personal information on the letter .
As well you had mentioned you had applied for visas but did not mention you intended to stay in Canada
Even though you are from a visa exempt country , that doesn’t allow you to stay, it only allows you to visit . Misrepresentation when applying for visa to enter Canada, the punishment is harsh

The content of the letter(part of):

A review of your temporary resident visa application has revealed that you hold or once held Canadian permanent residency. Canadian permanent residents are expected to use their Canadian permanent resident card or a Canadian permanent resident travel document when travelling abroad. If you know you no longer meet your residency obligations because you have been outside Canada for a long period of time, your status needs to be addressed before we can process your temporary resident visa application.

The two options outlined below are designed to help you address your status and travel to Canada. Choose ONE of the options and follow the instructions provided.

OPTION 1 – I would like to retain my Canadian Permanent Resident status.

Step 1 - If you do not have a permanent resident card, but would like to retain your Canadian Permanent Resident status and want to travel to Canada as a permanent resident, you must apply for a travel document (Permanent Resident Abroad). You will find the application for a travel document (Permanent Resident Abroad) on our website at https://www.canada.ca/en/immigration-refugees-citizenship/services/application/applicationforms-guides/application-permanent-resident-travel-document.html. You will have to pay a fee to submit this application.

Step 2 - If applying for a travel document (Permanent Resident Abroad), you must also withdraw the temporary resident visa application you have submitted to us. To withdraw your application, you must make a request in writing to this office. Your request to withdraw the temporary resident visa application and your travel document (Permanent Resident Abroad) application can be submitted together through a visa application centre. Information about visa application centres can be found on our website at https://www.canada.ca/en/immigrationrefugees-citizenship/corporate/contact-ircc/offices/find-visa-application-centre.html

OPTION 2 – I would like to give up (renounce) my Canadian permanent resident status.

Step 1 - If you would like to give up (renounce) your Canadian permanent resident status, you must fill out and submit the Voluntary Renunciation of Permanent Resident Status application. There is no fee for this type of application.
You will find the Application to Voluntarily Renounce Permanent Resident Status form on our
website at http://www.cic.gc.ca/english/information/applications/guides/5781ETOC.asp.

Step 2 - It is important that you submit your Application to Voluntarily Renounce Permanent Resident Status form by regular mail directly to our offices at the following address:

(Address)

If your voluntary renunciation of permanent resident status is approved, we will proceed with processing the temporary resident visa application you have already submitted. You do not need to submit a new temporary resident visa application. The above application must be received in our office within 7 days from the date of this letter. If you fail to comply with this requirement, a decision concerning your application will be made based upon the information already submitted with this application.

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I am wondering if IRCC is setting up a trap for me, so they can revoke my PR and refused my application study permit legally. They are trying to kill two birds with one stone.

According to their way of consideration, if I apply for PR travel documents, it reveal myself that I intent to stay, and my study permit will be refused. At the same time, I will also be refused for applying for the PR travel documents since I didn't go back to Canada for 20+ years, and the revoke procedure for PR begin...

I hope they are not thinking of the same as I mentioned above...

 

[k.h.p.]

They aren't setting a trap. You must figure out what to do with your PR. You know now you have not met your RO, so there are options you must choose. Either you renounce your PR or your travel to Canada with a PRTD and deal with being being reported for not meeting the RO.

If you do not respond to this letter, the only result from your applications will be a rejection.

You've said here you intend to stay in Canada. But all of those permits you've applied for require that you do not have such an intent and you must prove you do not have that intent. Consider carefully what you're doing.

 

[firstax]

There's an option for those who got PR as a child to restore their status. You should do more research before responding

 

[k.h.p.]

There's an option for those who got PR as a child to restore their status. You should do more research before responding

Please share.

 

[canuck_in_uk]

There's an option for those who got PR as a child to restore their status. You should do more research before responding

There is no restoration option. PRs removed as minors can apply for a PRTD based on H&C grounds. However, after around 21 years old, there is little chance of approval. OP is well beyond that age.

 

[Copingwithlife]

So basically right now the IRCC is saying the ball is in your court. You figure out what you want to do. The chances of getting a PRTD is very very low, due to your age. Your application to restore your PR status should have started when you were around 21, versus finding out you actually hold PR status by accident. That appears to the Government that having PR status was not a high priority in your life, when you only find out you held this by applying for other types of VISITORS visa, when your true intention, as you stated, is to set up camp in Canada permanently, when you are not legally authorized to do so.
And they are not trying to trick you, however there mandate is to ensure that when people are authorized to enter Canada, they abide by the terms of their entry. You enter on a visitor visa, saying you will return to your country, you enter and leave. You do not enter, with the intentions all along that you are not going to leave. There seems to be a on going trend where people from visa exempt countries, because they do not have to jump thru hoops to come into the country and apply for a visa, that they can arrive, and just stay with the intention of not leaving. Surprising.

 

[spth38]

Hi Canberra0410, my friend is in a similar situation as you were. Would you please share which option you chose? Thanks.

 

[dotslash227]

I hope this post
https://www.canadavisa.com/canada-immigration-discussion-board/threads/pr-card-renewal-possible-if-left-canada-as-a-minor.524163/

and this post
https://www.canadavisa.com/canada-immigration-discussion-board/threads/pr-child-residency-violation-want-to-go-back-soon.529856/

are able to help you