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| Subject: relinquishing permanent residency? |
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When I was 4 years old my family were all permanent residents of Canada before we moved back to Scotland. From 2002 until 2005 I traveled back to Canada a number of times on my UK passport on holidays with no problems at all. In 2005 I traveled into Canada on my US passport ( I was born in the states) and I was flagged at Canadian Immigration and told that I was still in the system as a Canadian Resident however I would have to sign a form saying I relinquished my status due to a law passed in 2004(?) that meant any permanent residents of Canada had to be in Canada for a certain number of days each year and I had not met those requirements therefore my status was void. I reluctantly signed the paper....they did day I could contest it however it would be expensive and the chances of me being able to hold onto my PR would be slim to none.
Today I came back to Canada to visit my mum who obtained landed immigrant status a year and a half ago on a business visa. Every time I enter Canada I get flagged because of my previous status hoever this time an immigration officer told me that I could still contest the PR issue and I would probably get it back even although I signed the forms a year ago. He said that those forms didn´t really mean much (????) I´m a little confused by the whole thing however if I am able to gain my PR back then I would really like to do so.
Does anybody have any information that might be useful? Thanks for reading!
Rick
[27-10-2007,18:47]
[**.69.69.114]
Rick |
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(in reply to: relinquishing permanent residency?)
you will need Roy for this one. You may have to sit tight until Monday.
[27-10-2007,21:37]
[***.121.220.199]
Sharon |
(in reply to: relinquishing permanent residency?)
sitting tight.......
[27-10-2007,21:56]
[**.69.69.114]
Rick |
(in reply to: relinquishing permanent residency?)
Rick,
The law is very clear on this. You have to spend 730 days in a 5 year period in Canada from the date you landed (gotten your PR).
The only exception is if you are working for a Canadian company abroad or you are accompanying a Canadian Citizen abroad who is your spouse of child.
If you do not satisfy the above, you will have to re-apply all over again.
www.canadaimmigrationbpa.com
[28-10-2007,00:37]
[**.158.153.73]
Balwant |
(in reply to: relinquishing permanent residency?)
Balwant,
Thank you for your reply. The immigration officer at the border today mentioned that because I was only 4 at the time I left Canada I was too young to make a conscious decision that I wanted to leave therefore could have contested the loss of my status on that basis alone. I am just a little confused as I had different advice on two separate occasions.
Thanks again.
Rick
[28-10-2007,00:57]
[**.69.69.114]
Rick |
(in reply to: relinquishing permanent residency?)
There is the old act and the current act. Under the old immigration act there were two clauses that had to happen to relinguish ones permanent residency.
The PR had to been outside Canada for more then 183 days in a 12 month period and had to have an intent to abandon Canada as his/her place of permanent residency. Being a child you could not form that intent.
Roy
www.cvimmigration.com
[28-10-2007,10:06]
[**.55.216.14]
Roy |
(in reply to: relinquishing permanent residency?)
Rick,
I lost a Residence Appeal case early this year which was exactly similar to yours, except the child was 12 years old and not 4 years as in your case.
The law is the law as I explained it in an earlier posting. I regret to say this, but not all immigration officers are fully aware of the immigration laws.
As a child you did not have Capacity (a minor without contractual capabilities)to have the intent NOT to abandon Canada.
Do not waste time on this issue, try and migrate to Canada on your own as there are many avenues you can use to migrate to Canada.
www.canadaimmigrationbpa.com
[28-10-2007,11:30]
[**.158.153.73]
Balwant |
(in reply to: relinquishing permanent residency?)
Balwant,
But according to the law he can appeal, correct?
[28-10-2007,11:53]
[***.254.208.242]
Departed_Canadian |
(in reply to: relinquishing permanent residency?)
Yes, he can appeal but he does not have a valid case as Roy and myself explained above.
The Rules are clear. Please read my explanations to him.
www.canadaimmigrationbpa.com
[28-10-2007,12:24]
[**.158.153.73]
Balwant |
(in reply to: relinquishing permanent residency?)
True, but what I understand he can appeal under humanitarian ground. That could be lmitless, right? Not just as he was only 4 years old..
If he can justify by other points...I´m not meaning to say that he should start making stories. But from person to person that may vary.
[28-10-2007,15:19]
[***.254.208.242]
Departed_Canadian |
(in reply to: relinquishing permanent residency?)
DC,
He did not state his present age. We do not have much information about this guy nor his parents.
H and C is still out of the question. What hardship is he suffering in his home country?
If he has money to waste, let him consult a lawyer or an immigration consultant. In my opinion he has to make a fresh application for PR.
www.canadaimmigrationbpa.com
[28-10-2007,15:38]
[**.158.153.73]
Balwant |
