Canadian Embassy : Waive rights or stay out !!

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Subject: Canadian Embassy : Waive rights or stay out !!
  Hello all

Below is a quick recap of the facts :

Name: CastAway
Date of Birth : 1971
Marital Status : single
Citizenship Status : Foreign National
Family Citizenship Status : Father, sister and brother Canadian citizens.

CastAway?s time spent in Canada :

1) 1975 - 1980
(Arrived as landed immigrant in 1975. Left Canada at the age of 9 accompanying parents abroad)

2) 1984 - 1991
(CastAway back living in Canada in 84. Dad becomes Canadian citizen in 1986. CastAway leaves Canada in 1991 at the age of 19 accompanying parents abroad...again)

3) 1998 (CastAway spends 4 months in Canada - During those 4 months he inquires about possible claims to citizenship or PR status with Immigration Canada. Is stonewalled big time. Proceeds to leave Canada.)

Problem : Is CastAway entitled to any claims whatsoever ?

Canadian Embassy is currently denying him vistor visa to attend sister?s wedding in Canada on condition that he signs a waiver of right to appeal Residency Status Determination. I cannot attend
my sister?s wedding unless I get this straightened out.

I am obviously way over the IRPA day/year PR requirement , which leaves me with the "humanitarian and compassionate reasons" clause to appeal to.

Thoughts ?

[01-09-2006,23:01]
[***.73.248.198]
CastAway
(in reply to: Canadian Embassy : Waive rights or stay out !!)
how many times are you going to ask exactly the same question. You have already heard from the only consultant that frequent´s this site...

he gave you the name of a lawyer. what more can you ask for.

those are my thoughts.

[02-09-2006,00:19]
[***.121.220.199]
sharon
(in reply to: Canadian Embassy : Waive rights or stay out !!)
There are clear rules about the residency requirements, you should get an immigration layer, or sign the letter they are asking for;after all, you are not planning to stay on Canada after the wedding, are you?

Good luck

[02-09-2006,01:18]
[**.48.251.167]
Jose Antonio
(in reply to: Canadian Embassy : Waive rights or stay out !!)
"how many times are you going to ask exactly the same question." - Sharon

If you?re sick of this topic, why bother answering ? On the other hand , I want as many opinion as I can get on this. That?s all. No biggie. And since the site has no topic refresh/bump-up...

[04-09-2006,13:06]
[***.73.249.111]
CastAway
(in reply to: Canadian Embassy : Waive rights or stay out !!)
Other opinions from various forums :

"If you have a IMM 1000 and have a single entry US visitor visa , drive into Canada and then try to fight for re-enstatment but it will take time. Can you stop earning a living and afford my fees or someone like me to fight this case?" - Genius

"In 98 pre IRPA (2002) you were only allowed to be outside Canada 183 days in each year, without a returning resident permit. So they weren?t stonewalling, as of the law at that time you had lost your PR status " - Whiz

"The CHC has determined that you have lost your PR status, and requesting that you sign the waiver so that you cannot claim PR status at the POE. You have a choice, sign the waiver or don?t get a visitor visa. You may wish to consult either a Canadian Immigration Lawyer or Consultant." - Wunderkind

"(you?re screwed CastAway), unless you can make it to a port of entry, and if you require a visitor visa, it won?t happen." - Legal Larry

Thoughts ?

[04-09-2006,13:14]
[***.73.249.111]
CastAway
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