Three Years waiting for permanent residence application for a protected person

[Chitheer1988]

Dear all,

I have a very serious case (It's for a friend of mine), and I do need a professional answer please and very detailed so it can help us to understand the situation.

My friend did apply for a permanent residence application on January 16, 2017, as a protected person in Canada. He came to Canada by crossing illegally the US-Canada border.

He did provide all documents that were requested by the IRCC, and when we check online on the case, the CIC website says the application is finished 100% and the estimated time to get the final decision is on September 26, 2018, but until today he did get the final decision, and he is still waiting for the final decision.

Every time he contacted the IRCC, they are informing him that there is no need for any other documents and they will contact him in case needed.

When he crossed the US-Canada border, there were two females from his home country that crossed with him, and because it was dark (Night around 2.00 am) and not safe to cross from a large park containing wild animals the females and himself also agreed to stay with him until they reached the city by walking but the CBSA stopped them and then he got CSO five months to help the females to enter Canada illegally. (The females got the PR, but he still waiting)

My friend got the eligibility, and he is only waiting for the final decision which has been more three years waiting, and some lawyer said his application WILL be inadmissible and he recommended to apply for TRP, but when we contacted the IRCC the officer on the phone said that that is NOT CORRECTED because he got the eligibility, and there is a chance to get approval especially he is a refugee.

The questions are:
1. Why IRCC is taking that long?

2. What is the chance to be inadmissible? And what does mean he is eligible for the PR? Is that mean he is not going to be denied by IRCC to get the PR?

3. Is it true he needs to apply for TRP to bring his wife and son from home country? If so, how long does it take to get the decision for TRP? Does it affect CSO on the TRP? Is it okay to apply for the TRP while he is waiting for the PR decision?

4. What are your recommendations?

Thanks,

 

[scylla]

Dear all,

I have a very serious case (It's for a friend of mine), and I do need a professional answer please and very detailed so it can help us to understand the situation.

My friend did apply for a permanent residence application on January 16, 2017, as a protected person in Canada. He came to Canada by crossing illegally the US-Canada border.

He did provide all documents that were requested by the IRCC, and when we check online on the case, the CIC website says the application is finished 100% and the estimated time to get the final decision is on September 26, 2018, but until today he did get the final decision, and he is still waiting for the final decision.

Every time he contacted the IRCC, they are informing him that there is no need for any other documents and they will contact him in case needed.

When he crossed the US-Canada border, there were two females from his home country that crossed with him, and because it was dark (Night around 2.00 am) and not safe to cross from a large park containing wild animals the females and himself also agreed to stay with him until they reached the city by walking but the CBSA stopped them and then he got CSO five months to help the females to enter Canada illegally. (The females got the PR, but he still waiting)

My friend got the eligibility, and he is only waiting for the final decision which has been more three years waiting, and some lawyer said his application WILL be inadmissible and he recommended to apply for TRP, but when we contacted the IRCC the officer on the phone said that that is NOT CORRECTED because he got the eligibility, and there is a chance to get approval especially he is a refugee.

The questions are:
1. Why IRCC is taking that long?

2. What is the chance to be inadmissible? And what does mean he is eligible for the PR? Is that mean he is not going to be denied by IRCC to get the PR?

3. Is it true he needs to apply for TRP to bring his wife and son from home country? If so, how long does it take to get the decision for TRP? Does it affect CSO on the TRP? Is it okay to apply for the TRP while he is waiting for the PR decision?

4. What are your recommendations?

Thanks,

1. None of us can tell you that. Has your friend ordered GCMS notes yet?
2. His situation is unsual because of the CSO. He shouldn't be inadmissible unless there's a misrepresentation issue - although if there was that should have come up sooner. He would be best off working with an immigration lawyer. None of us here are lawyers. We are all normal people like you.
3. His family would apply for a TRV. The chances of the TRV being approved are extremely low due to his status in Canada. However they can certainly try. We have seen a rare application be approved here.

EDIT: In re-reading this, there's probably a criminality issues that's being reviewed because of the CSO and illegal entry. That's most likely the reason for the hold up based on the information you've provided. He needs to be working with a lawyer. This situation is too complex for an internet forum.