Removing PR Status once obtained

Canada Immigration Forum (discussion group)


 
       
Subject: Removing PR Status once obtained
  They process of removing ones Permanent Resident Status is long and complicated if you have the right authorized representative assisting you.

Fitst CIC has to write a report (aqllegation) and seek a direction for a hearing. Some times this will be after an interview where you should of brought counsel.

Some of the most common reasons for trying to remove ones PR status is;
1. Serious Crimminality,
2. Marriage of Convience, MOC
3. Residency Obligation Violation,
4. Misrepresentaion.

First an admisabillity hearing is held and if you loose a remocal order is issued. If a removal order is issued one should appeal that order to the IAD Immigration Appeal Division.

Time Line---Four to Five Months to have a meeting and a admissability hearing scheduled. One year to have an appeal scheduled. This is based on the number of hearings for the city where you are located.

There is very little reason to argue a serious crimminality allegation since the issue is as follows.

R U a Canadian? NO
R U a PR of Canada? YES
Where you convicticted of section --- of the Canadian Crimminal code?
YES
Did you obtain a Pardon for that offence?
NO

In the appeal what is needed to be shown is change in circumstances and H&C factors.

All other Admissability Hearings should be fought on the lack or quality of CBSA evidence.

Many issues regarding residency obligations can be explained away. It is extremely difficult to prove that one was NOT PHYSICALLY PRESENT in Canada.

MOC allegations can because the CIC officer has tunnel vision. Marriages fail for a number of reason. If one obtains a divorce 14 months after Landing in Canada the circumstances can just be a coincidence. Examples of this are a Husband arrives and finds his wife six months pregnent! Wife arrives and Husband starts assaulting her so she leaves fearing for her life, etc.

Misrepresentation can be nothing more then an honest mistake.

Hopefully this explains the process.

Roy
www.cvimmigration.com

[02-09-2007,12:07]
[**.52.219.61]
Roy
(in reply to: Removing PR Status once obtained)
Interesting indeed

This is a real life scenario, as I know it in person.
A lady with her young son immigrated through her marriage to a Canadian citizen. I do not know how to make a fair description of this marriage but there was an eye on Canada of course. So let us say it was 50/50 a marriage of convenience which was hard to prove. She was then divorced after 12 months (1 y) of arrival.
After a year and half of divorce, she met someone in net and genuinely wanted to marry and resettle (in general terms). The man, she met, had had almost every eye on Canada wanting to move in through a marriage of convenience. He was illegal in USA, from a country of no visa waiver. he arrived to Canada in a very mysterious circumstances and got married immediately to this lady. I would say again that the lady was generally genuine in her desire to get married again and resettle. However, she was also aware of something going fishy. She was aware that the man was illegal in US and had tried to come to Canada using tricks. In my opinion the lady came to Canada in a very easy smooth process which took place a few month before 9/11, where things were easy and different. She might have imagined that once the man got married to her as a PR then all matters would be done and no more problems to come. Looks naive opinion yes, but I am with this assumption.
Again this is a real life secenario. CBSA, CIC and RCMP were involved. The question is: can her PR be removed? or they would only deal with the illegal husband?

[02-09-2007,16:05]
[**.109.7.203]
SutarB
(in reply to: Removing PR Status once obtained)
If this scenario happened after February 18th 2005 he has no problem. If it is a real marriage and they prove same. The lady is the one that has the problem. The wife PR would have to come up with a believable scenario why the divorce took place.

If they find her in a (MOC) Marriage of Convience CIC & CBSA will remove her PR status. The two scenarios I gave are my clients cases.

A lady from India sponsored a man through an arramged marriage and he began assaulting her. She was lucky and called the police and there was a report taken no charges laid though. Peel Victim Services assisted her. Two and a half years after her divorce she has gotten married again and is attempting to sponsor her new husband. CIC approved her as a sponsor but has stopped processing her husbnads sponsorship until they have finished their investigation. THEY ARE TAKING THEIR TIME. TOO MUCH TIME!

The other scenarion has a admissability hearing next week.

Do you think it is fair what CBSA & CIC are doing? Not processing the Ladies Husband nor looking at the evidence we have submitted from the Police and Domestic Assault Victims organization?

Roy
www.cvimmigration.com

[02-09-2007,16:34]
[**.55.218.2]
Roy
(in reply to: Removing PR Status once obtained)
Roy
I am not sure if I could understand your answer correctly. The lady was divorced from her ex(sponsor) Canadian citizen. Her new marriage took place after nearly 2 years of leaving the first. Her new marriage was registered at least 5 months before February 18th 2005. I believe CIC, CBSA were involved already before that date. She was pregnant at that time. New husband was still there after February 18th 2005. So how can you say no problem for the husband and also you said the lady (his wife) is the one that has the problem. If she has the problem, how can/could she sponsor him then? Also if someone enter Canada illegally would the February 18th change save him?

and no..CBSA and CIC are not always fair. When they suspect they go too extreme..when they neglect they open all the gates.

[02-09-2007,17:04]
[**.109.7.203]
SutarB
PR status (in reply to: Removing PR Status once obtained)
Hi i was just going over the PR status removing thread n was just wondering what happens if we are not able to comply with the 2 year in a five year period which is mandatory.The thing is that the kind of Job oppertunity i have here in india right now if i go to Canada i´ll be put back by a few years.I need to spend a few years here before moving to CA.Also my wife is the Principal applicant is it possible for her to spend the two year period n I get the benifit?Incase we are not able to fulfill the 2 year period do we have to get the PR removed n reapply all over again or is there a Loop hole to this requirement.Ny info will be really appreciated.many Thanx.
[03-09-2007,06:52]
[***.162.97.67]
KSB
(in reply to: Removing PR Status once obtained)
PA aka wife must land first. Her residency requirements do not count for you.

I suggest come here register a company according to the regulations and go back and work for yourself. As long as your own company pay Canadian taxes you will be seen as residing here.

Roy
www.cvimmigration.com

[03-09-2007,08:43]
[**.52.217.198]
Roy
(in reply to: Removing PR Status once obtained)
Thanx that seems like an inportant piece of advice.Do u know if there is a minimum amount of taxes that we need to pay there?N can me n my wife both be partners in the company n be able to fulfill the requirements?Thanx a lot.
[03-09-2007,10:00]
[***.162.98.43]
KSB
(in reply to: Removing PR Status once obtained)
KSB you are in excellent situation. Congratulations. However, India is not a great place to live for the long haul. This is why more than 2 million Indians have signed up to move to Canada as soon as possible. You can show up with your wife, let her live here and you can return to India and slowly try to find a job here that you might like. If not, you can keep living there and filing taxes here to keep your residency. Good luck.
[03-09-2007,16:53]
[***.202.38.47]
Elvis
(in reply to: Removing PR Status once obtained)
Google the Immigration and Refugge Protection Regulations (IRPR) and read regarding residency requirements. In theory if both are outside of Canada working full time for a Canadian company the answer is yes.

Roy
www.cvimmigration.com
canvisa@cvimmigration.com

[03-09-2007,21:31]
[**.52.216.147]
Roy
PR and an honest mistake (in reply to: Removing PR Status once obtained)
Hello, I realize these posts are a bit old but thought I´d give it a shot.

I landed in Canada as a PR in 1999. Up until that time, I had answered all arrest questions on my applications as "no". I had been in trouble, once, for prank phone calls (technically disorderly conduct) at age 14. No charges were pursued, no court appearance, and no problems with background checks, although I assume a fingerprint record exists. Now, I am terrified that by having answered like this, I can lose my status for misrepresentation and be deported. Is this realistic? What can I do?

[17-06-2011,01:02]
[**.200.194.164]
John
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