facing losing landed immigrant status
Nov 4th 2001, 5:30 am
#1
Guest
Posts: n/a
A Canadian landed immigrant, who has been continuingly living oversea for 16 month,
likes to come back to Canada.
The reason for staying overseas is because working for a Canadian company, which was
bankrupted 6 months ago. It takes 6 months to wrap up that oversea company. When it
is the time to come back, anyone knows what is going to happen at the airport?
Is it going to a denied entrance and forced to turn around?
Is it going to be a confiscation of landing paper and/or passport, then let enter
waiting for a hearing?
Is it going to be a detention at the airport, subsequently put into jail?
What is the formal procedure of losing landed immigrant status?
Is going to be a little easier to deal with after new immigration law put
into effect?
likes to come back to Canada.
The reason for staying overseas is because working for a Canadian company, which was
bankrupted 6 months ago. It takes 6 months to wrap up that oversea company. When it
is the time to come back, anyone knows what is going to happen at the airport?
Is it going to a denied entrance and forced to turn around?
Is it going to be a confiscation of landing paper and/or passport, then let enter
waiting for a hearing?
Is it going to be a detention at the airport, subsequently put into jail?
What is the formal procedure of losing landed immigrant status?
Is going to be a little easier to deal with after new immigration law put
into effect?
Nov 4th 2001, 11:22 am
#2
Guest
Posts: n/a
No. No. No. Don't know.
The person should have requested a Returning Resident Permit (RRP) when = it was
discovered that he would not be back in time.
Based on the persons establishment in Canada before he left, the need to = be out and
the maintenance of ties, an RRP may have been issued. Spilt = milk now.
When he arrives, the officer will want to know the same things. The = officer may
determine that he has abandoned Canada as his home. If so, = he will go before an
ajudicator who will determine that he has abandoned = Canada and a removal order
will be issued. A Permanent Resident can = appeal that order to the Immigration
and Refugee Board, Appeal Division, = where a member of that board will listen to
all the circumstances of the = case to decide whether or not he has abandoned
Canada as his home.
--=20 Good luck,
Berto Volpentesta, B.A. (Spec. Hons.), B.Ed. Member, OPIC Director, OPIC and
Education Committee Chairman
Sidhu & Volpentesta Inc. Serving people around the world since 1991
www.svcanada.com
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The person should have requested a Returning Resident Permit (RRP) when = it was
discovered that he would not be back in time.
Based on the persons establishment in Canada before he left, the need to = be out and
the maintenance of ties, an RRP may have been issued. Spilt = milk now.
When he arrives, the officer will want to know the same things. The = officer may
determine that he has abandoned Canada as his home. If so, = he will go before an
ajudicator who will determine that he has abandoned = Canada and a removal order
will be issued. A Permanent Resident can = appeal that order to the Immigration
and Refugee Board, Appeal Division, = where a member of that board will listen to
all the circumstances of the = case to decide whether or not he has abandoned
Canada as his home.
--=20 Good luck,
Berto Volpentesta, B.A. (Spec. Hons.), B.Ed. Member, OPIC Director, OPIC and
Education Committee Chairman
Sidhu & Volpentesta Inc. Serving people around the world since 1991
www.svcanada.com
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Nov 4th 2001, 6:43 pm
#3
Guest
Posts: n/a
Thank you very much for your reply.
Well, it is understood by him that it is an unknown situation. The question is
whether there will be a detention happening at the airport? That is what he is afraid
of and hesitates to go back because of that.
RRP was applied and rejected. CIC asked for evidence of working overseas for a
Canadian company. He failed to provide them in time because of no corporations from
the bankrupt company, which ignored his repetitive requests. Now, the dissipated
company personnel in Canada are no where to be found. It will be the same results if
filing a second RRP because no evidence can be provided.
If he risks going back, how long will he wait to see an adjudicator? As I said, he
only has a story and strong will to stay in Canada as his home, not much evidence he
can provide. It is understood that the decision is unknown. If he fails
adjudicator’s hearing, will he allow staying in Canada for an appeal, or he has
to be ousted waiting for appeal.
Thank you very much again
Well, it is understood by him that it is an unknown situation. The question is
whether there will be a detention happening at the airport? That is what he is afraid
of and hesitates to go back because of that.
RRP was applied and rejected. CIC asked for evidence of working overseas for a
Canadian company. He failed to provide them in time because of no corporations from
the bankrupt company, which ignored his repetitive requests. Now, the dissipated
company personnel in Canada are no where to be found. It will be the same results if
filing a second RRP because no evidence can be provided.
If he risks going back, how long will he wait to see an adjudicator? As I said, he
only has a story and strong will to stay in Canada as his home, not much evidence he
can provide. It is understood that the decision is unknown. If he fails
adjudicator’s hearing, will he allow staying in Canada for an appeal, or he has
to be ousted waiting for appeal.
Thank you very much again
Nov 5th 2001, 7:57 am
#4
Guest
Posts: n/a
The person comng back will unlikely to be detained.He may be allowed entry under
examnination until a decison by a Senior Immigration officer is made and a decison is
made to send the person to inquiry. Anywhere form 6 weeks to 18 months later the
person may go to an inquiry and if found to have abandoned Canada, the onus is on him
to prove he did not, he can apeal to the Immigrtaion Appeal Division. The IAD will
make a decison on not only the abandonment but on a wide range of factors. I would
recommend professional representation in a case like this before the person attempts
to return to Canada.
Jim Metcalfe , Consultant
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examnination until a decison by a Senior Immigration officer is made and a decison is
made to send the person to inquiry. Anywhere form 6 weeks to 18 months later the
person may go to an inquiry and if found to have abandoned Canada, the onus is on him
to prove he did not, he can apeal to the Immigrtaion Appeal Division. The IAD will
make a decison on not only the abandonment but on a wide range of factors. I would
recommend professional representation in a case like this before the person attempts
to return to Canada.
Jim Metcalfe , Consultant
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Nov 5th 2001, 11:49 am
#5
Guest
Posts: n/a
Your friend gets deeper and deeper. With a refusal on file it is most = likely that
he will be found at the airport to have abandoned Canada as = his home by the
officer. The officer will write a report and then an = ajudicator will hear the case.
This hearing takes place quickly.=20
While waiting for appeal he could stay in Canada.
It seems your friend could do with some professional help and = representation. =20
--=20 Good luck,
Berto Volpentesta, B.A. (Spec. Hons.), B.Ed. Member, OPIC Director, OPIC and
Education Committee Chairman
Sidhu & Volpentesta Inc. Serving people around the world since 1991
www.svcanada.com
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he will be found at the airport to have abandoned Canada as = his home by the
officer. The officer will write a report and then an = ajudicator will hear the case.
This hearing takes place quickly.=20
While waiting for appeal he could stay in Canada.
It seems your friend could do with some professional help and = representation. =20
--=20 Good luck,
Berto Volpentesta, B.A. (Spec. Hons.), B.Ed. Member, OPIC Director, OPIC and
Education Committee Chairman
Sidhu & Volpentesta Inc. Serving people around the world since 1991
www.svcanada.com
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