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SOLUTION ~~~~~

Rob_TO

VIP Member
Nov 7, 2012
11,427
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Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
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VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
maplebound said:
My questions are based on that if I moved ( and definitely WILL) to Canada and my parents in India ,they are old and sick , if something happens then I won't be able to go, so what options I have ? If I apply for renewal and denied than can my wife sponsor me ? At that time I should be able to stay with family or I have to leave?
If you have your PR status revoked, yes your wife can sponsor you.

If she sponsors you INLAND then you could stay in Canada if you get your application in while you have valid visitor status in Canada. This may be difficult if your PR is revoked, as you may be asked to leave Canada pretty quickly. Also if you apply inland you would not be able to leave Canada for any reason during approximately 2 years of processing, so could not travel to US or India no matter what the reason is.

If you applied for PR OUTLAND, then you would need to apply for a TRV to visit Canada to be with your family. There is no guarantee of this being approved. If you can't get a TRV, then you won't be able to enter Canada until your PR is approved.
 

maplebound

Newbie
Nov 21, 2014
9
0
HI ALL GURUS,

If I relinquish my PR than what you guys think ,am I eligible for TRV ? Is it easy to get from USA for the person who already has PR status and whose family is in CANADA........

What are your opinion about applying for TRV?
 

maplebound

Newbie
Nov 21, 2014
9
0
TO ,
ALL GURUS

If I surrender my PR in CANADIAN consulate in USA< and apply for TRV (VISITOR) because I am from India and I need visa to enter CANADA. Do you think I will be able to get it?

Is that make sense?
 

Leon

VIP Member
Jun 13, 2008
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It is not that easy to renounce your PR. If you don't meet the RO any more, you may renounce it at the border on entry or you may renounce it by applying for a travel document which will be denied but it all takes some time.

Personally, I don't think it is necessarily negative for your TRV application that you have lost your PR due to not staying in Canada enough. I know of people who have lost their PR's and who have been given TRV's without a problem. However, there is never a guarantee. Immigration will not give you a TRV if they believe that you may overstay. However, if you can show that you have a good job outside Canada and really only want to visit, you have a better chance.
 

david1697

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Nov 29, 2014
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maplewood, RO is clear cut. You must have 730 days out of 5 years in Canada to maintain LPR. If you don't you are subject to be stripped of LPR status.
It takes finding by officer to put this regulation in effect, but for all practical purposes all you need is apply for admission (or a travel document/benefit) and you will have your LPR revoked as a matter of law.
You can appeal, but C&H grounds are high and hard to meet.And, as others suggested, things like your pending PR aplication in US are irrelevant to your obligation to meet RO in Canada and will NOT qualify you for C&H waivers.

Once you are stripped of LPR you can be sponsored by your spouse.

It's impossible to tell if you would be granted Temp Visitor status afterwards. Your app for a visitor visa would be looked at as anyone else in similar circumstances (an Indian national willing to visit a spouse in Canada). What will Canadian officials decide depends on your individual circumstances, the case you make and how would official interpret the existing law and your circustances in relation to it.
 

maplebound

Newbie
Nov 21, 2014
9
0
Thanks Leon, for your through reply.

Just in case while coming to Canada if I found in RO breach and they report me to CIC ,so I will allow to enter CANADA? and in that case how long I will be allow to stay in CANADA? Can I apply for TRV or my wife can sponor me while I am in CANADA?

Please`reply....
 

david1697

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Nov 29, 2014
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This is a general answer to all (not just maplewood) who have similar questions.

I have done my homework on the laws/regulations relevant to RO, that's how I know our family will loose our LPR in Canada if we fail to meet those requirements, and I would like to share my knowledge and understanding with all who are concerned about RO requirements:

Canadian LPR's have a RIGHT to be admitted to Canada. Which means, even if someone is in obvious breach of RO officer at border has no vested power to prevent admission of the Canadian Permanent Resident (with some admissibility exceptions, perhaps, but failing to meet RO is not one of them).

However, once reported to authorities, the LPR will have 30 days to appeal the decision to be removed ot will have to go to court and present a case for stay of deportation and retention of LPR. Failing to win such case one will be subject to ultimate removal from canada within a specified period of time.

I will leave it to experts to answer what the status of the person becomes in the interim,in case if one is sponsored for a different type of visa.
I don't know if one would be allowed to stay in Canada and wait for adjudication of another petition, but it's my feeling that once order of deportation went into effect one would have to leave the country and apply for any other status from abroad.

I personally feel sad that so many immigrants try to walk around the bushes instead of accepting Federal Laws for what they are and petitioning an MP and other officials in charge of lawmaking. If you believe the RO puts undue hardship on you let the politicians know, they are the ones in charge of making the law. Doing otherwise gives bad reputation to all immigrants and makes us all subject to be looked at with suspision, as people who are up to no good and try to go around the will of the host country.
This is not the right way to go about it, in my humble opinion.

I suggest we all get together and petition Canadian Ministry of Immigration and Politicians and plea our case honestly and in a straightforward manner.
Canada is a Western Democracy and this is how the process should work. We should plea our case and even though we will loose it (because it takes decade or decades to make changes in laws), but our efforts will serve to cure the hardships of those who will come after us.

There are many of us who would like to move to Canada but are not able to for number of reasons. I do not speak for anyone other than myself, but in our case it's lack of ability to find a professional employment. I believe ecfonomy is not in best shape in canada as of this moment, and by staying out of Canada we actually HELP Canadians looking for jobs, because by staying out we are one less person on welfare rolls and one more vacancy where you have one less compeition to land a job if you are in Canada. How is this detrimental and damaging to the interests or welfare of Canadian people? And, once economy rebounds and need in our skills and ability restored, why not allow us to return as legal residents who passed all the screenings to qualify for residency in Canada?

Again, I do not hope to effect any change or see any changes in any foreseeable future. I am sure at least our family will , regretfully(!) loose our LPR in Canada. But instead of giving bad rep to other immigrants and trying to break the law, I suggest we do what is right: plea our case and hope that some day there will be waivers for those who don't meet H&C grounds set in law today, but have reasonable grounds to not move into Canada within a given deadline. I think many thousands of people who are Canadian LPR's outside of Canada today would move into Canada in a hearbeat had its' economy been in the same shape it was a decade ago.
 

maplebound

Newbie
Nov 21, 2014
9
0
Thanks David for your input. There are lot of circumstances other than JOB,ECONOMY. Now situation is little bit change for me so I am willing to move to CANADA for good..........
 

david1697

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Nov 29, 2014
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You are welcome and I am glad for you.

I only speak for myself (as I noted above) and I understand each individual case is different.

In our case, we are coming from US, so at least some of the concerns we have must be different
from those who are coming to Canada from other countries.

We are coming from a country that has higher incomes, lower cost of property , more affordable and luxurious life (in terms of what you can buy with what you make), we even have enshrined in Constitution Rights that we would not have in Canada, and we are willing to give it all up, for what we believe would be a higher quality of life and prospect for our family. But one thing we can't accept is total loss of income or lack of ability to land professional job (not just any survival job). So, in our case the reason why we haven't moved yet is our lack of success in getting response after sending so many resumes for jobs in GTA.

Best of luck to you maplewood.
 

Zac_12

Newbie
Mar 5, 2014
6
0
Re: Moving to Canada ~~~~~

Hi I have had inquiry that i have posted on the beginning of 2014 regarding my staying outside Canada after receiving my PR and planning to move back just before completing 3 years outside in order not to lose my chance to renew my PR, and i have received a very sufficient answer, that I have to stay min of 730 days in Canada order to renew my PR.

Now and after issuing Bill C24, is there any changes regarding the same subject? And as I know that the officer at the airport can’t deny my entry to Canada as long as my PR is valid, however he can ask why I have been out for a long time, and he can file a case to provoke my PR if he thought that I won’t be able to meet the PR requirements unless I can prove otherwise. My sec question is; would my PR expiry date be enough to show and prove that I still can stay in Canada for more than 730 days at the day of entrance (after 3 yrs outside Canada)? Or there are other requirements, knowing that I have stayed all this time outside Canada in order to settle some commitments and to save some money to help me survive till I find a job as I heard it’s not easy to find a job right away and some saving is a must to keep me going.