PR application refused

Old Nov 16th 2009, 4:56 pm
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Default PR application refused

Hello everyone, not been a good day today as after waiting three years we have now recieved notification that our PR application has been refused.

The reason is that our son now 21 was caught drink driving at the age of 18,This stupid mistake was the only time he has had dealings with the police, He no longer lives with us and is living his own life in the UK and we are now in Canada on work permits, The letter also states that as my son was convicted of a criminal offence in the UK ( DD) we are inadmissable to Canada as we are related, this goes for both myself, my wife and my other son and daughter who are in high school all of which have never had any run ins the the police or had any dealings with the criminal justice system.

Please if there is anyone out there with any advice about appeals or wether we can appeal, it would be much apprecaited.

On the subject of work visa's, My wife is a nurse and I'm a Heavy duty Mechanic and we both hold permanent jobs after serving our probationary periods can they withdraw our work permits as they have refused our PR application

Thank you in advance,

Last edited by crg2704; Nov 16th 2009 at 5:07 pm. Reason: add question
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Old Nov 16th 2009, 5:30 pm
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Default Re: PR application refused

HI

Originally Posted by crg2704
Hello everyone, not been a good day today as after waiting three years we have now recieved notification that our PR application has been refused.

The reason is that our son now 21 was caught drink driving at the age of 18,This stupid mistake was the only time he has had dealings with the police, He no longer lives with us and is living his own life in the UK and we are now in Canada on work permits, The letter also states that as my son was convicted of a criminal offence in the UK ( DD) we are inadmissable to Canada as we are related, this goes for both myself, my wife and my other son and daughter who are in high school all of which have never had any run ins the the police or had any dealings with the criminal justice system.

Please if there is anyone out there with any advice about appeals or wether we can appeal, it would be much apprecaited.

On the subject of work visa's, My wife is a nurse and I'm a Heavy duty Mechanic and we both hold permanent jobs after serving our probationary periods can they withdraw our work permits as they have refused our PR application

Thank you in advance,
1. There is no appeal in FSW applications, you can only apply for leave to appeal to the Federal Court and only if there has been an error in law.
2. So now you wait until your son turns 22 and is not considered a dependent and resubmit your application.
3. No, your work permit permits remain valid.
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Old Nov 16th 2009, 6:03 pm
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Default Re: PR application refused

Originally Posted by crg2704
Hello everyone, not been a good day today as after waiting three years we have now recieved notification that our PR application has been refused.

The reason is that our son now 21 was caught drink driving at the age of 18,This stupid mistake was the only time he has had dealings with the police, He no longer lives with us and is living his own life in the UK and we are now in Canada on work permits, The letter also states that as my son was convicted of a criminal offence in the UK ( DD) we are inadmissable to Canada as we are related, this goes for both myself, my wife and my other son and daughter who are in high school all of which have never had any run ins the the police or had any dealings with the criminal justice system.
Really gutted for you - horrible to be affected in this way by the actions of your son which you could in no way control. Our son is just starting his driving lessons now and I have already given the D/D talk (lecture - as far as he is concerned), just hope it registers! I guess that you must have expected this was coming because of the inadmissibility regulations. At least you are there on work permits and can reapply when your son is no longer classed as a dependant when he turns 22.

It might be worth having a read of the regulations so that you know where you stand.

Hope it all works out for you.
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Old Nov 16th 2009, 8:53 pm
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Default Re: PR application refused

Originally Posted by crg2704
Hello everyone, not been a good day today as after waiting three years we have now recieved notification that our PR application has been refused.

The reason is that our son now 21 was caught drink driving at the age of 18,This stupid mistake was the only time he has had dealings with the police, He no longer lives with us and is living his own life in the UK and we are now in Canada on work permits, The letter also states that as my son was convicted of a criminal offence in the UK ( DD) we are inadmissable to Canada as we are related, this goes for both myself, my wife and my other son and daughter who are in high school all of which have never had any run ins the the police or had any dealings with the criminal justice system.

Please if there is anyone out there with any advice about appeals or wether we can appeal, it would be much apprecaited.

On the subject of work visa's, My wife is a nurse and I'm a Heavy duty Mechanic and we both hold permanent jobs after serving our probationary periods can they withdraw our work permits as they have refused our PR application

Thank you in advance,

Sorry to hear about your refusal, at least its not long too wait until he is no longer a dependant, although frustrating and expensive
We have our 20 year old daughter who is at uni here in the UK on our application and am dreading the medicals in case she has been doing something she shouldn't have
We also gave the don't screw this up for us talk as it will also affect your future

Hope you can re apply and keep your WP going until that is sorted, wish you all the very best of luck with that
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Old Nov 17th 2009, 2:15 am
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Default Re: PR application refused

It doesn't make sense!

Surely if he is living in the UK he is no longer your dependant! And therefore you cannot be held responsible for what he does!

We have been told that because our 18 year old is no longer our dependant as he is not studying (not working either so we have to keep him!!) he cannot come on our visa!!!!

The two situations contradict each other!

Good luck anyway
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Old Nov 17th 2009, 3:56 am
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Default Re: PR application refused

Originally Posted by DandNHill
It doesn't make sense!

Surely if he is living in the UK he is no longer your dependant! And therefore you cannot be held responsible for what he does!

We have been told that because our 18 year old is no longer our dependant as he is not studying (not working either so we have to keep him!!) he cannot come on our visa!!!!

The two situations contradict each other!

Good luck anyway
Just for your info..............IRPA regs state that a:

“dependent child”, in respect of a parent, means a child who (a) has one of the following relationships with the parent, namely,

(i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or

(ii) is the adopted child of the parent; and

(b) is in one of the following situations of dependency, namely,

(i) is less than 22 years of age and not a spouse or common-law partner,

(ii) has depended substantially on the financial support of the parent since before the age of 22 — or if the child became a spouse or common law partner before the age of 22, since becoming a spouse or common-law partner — and, since before the age of 22 or since becoming a spouse or common- law partner, as the case may be, has been a student

(A) continuously enrolled in and attending a post-secondary institution that is accredited by the relevant government authority, and

(B) actively pursuing a course of academic, professional or vocational training on a full-time basis, or

(iii) is 22 years of age or older and has depended substantially on the financial support of the parent since before the age of 22 and is unable to be financially self-supporting due to a physical or mental condition.

Hope this clears things up!
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Old Nov 26th 2009, 11:18 am
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Default Re: PR application refused

This is awful news - i'm so sorry for you. Maybe you can re-apply when he's 22? I'm now fretting I will get my application refused as my half brother (whom I have never lived with) has a criminal record for burglary and spent 1 year in a young offenders prison. It was about 10 years ago and I'm really worried this will now go against me.
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Old Nov 26th 2009, 1:48 pm
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Default Re: PR application refused

Originally Posted by DandNHill
It doesn't make sense!

Surely if he is living in the UK he is no longer your dependant! And therefore you cannot be held responsible for what he does!

We have been told that because our 18 year old is no longer our dependant as he is not studying (not working either so we have to keep him!!) he cannot come on our visa!!!!

The two situations contradict each other!

Good luck anyway
Hi
Who has told you this?. Our son was 19 when we came here in June. He is on our PR application too even though he is working here.
Tina
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Old Nov 26th 2009, 2:23 pm
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Default Re: PR application refused

Originally Posted by DandNHill
It doesn't make sense!

Surely if he is living in the UK he is no longer your dependant! And therefore you cannot be held responsible for what he does!

We have been told that because our 18 year old is no longer our dependant as he is not studying (not working either so we have to keep him!!) he cannot come on our visa!!!!

The two situations contradict each other!

Good luck anyway
Under 22 still a dependent. Both our boys were over 18 when we came here. The older one went to uni just before he turned 22 as we were still in process and he needed to be in full time education at that age to stay on our application and the other one was 19 when we came.
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Old Nov 26th 2009, 2:26 pm
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Default Re: PR application refused

Originally Posted by Melsa
This is awful news - i'm so sorry for you. Maybe you can re-apply when he's 22? I'm now fretting I will get my application refused as my half brother (whom I have never lived with) has a criminal record for burglary and spent 1 year in a young offenders prison. It was about 10 years ago and I'm really worried this will now go against me.
Your application will not be affected by your half-brother's indiscretions.
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Old Nov 26th 2009, 2:38 pm
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Default Re: PR application refused

Originally Posted by crg2704
Hello everyone, not been a good day today as after waiting three years we have now recieved notification that our PR application has been refused.

The reason is that our son now 21 was caught drink driving at the age of 18,This stupid mistake was the only time he has had dealings with the police, He no longer lives with us and is living his own life in the UK and we are now in Canada on work permits, The letter also states that as my son was convicted of a criminal offence in the UK ( DD) we are inadmissable to Canada as we are related, this goes for both myself, my wife and my other son and daughter who are in high school all of which have never had any run ins the the police or had any dealings with the criminal justice system.

Please if there is anyone out there with any advice about appeals or wether we can appeal, it would be much apprecaited.

On the subject of work visa's, My wife is a nurse and I'm a Heavy duty Mechanic and we both hold permanent jobs after serving our probationary periods can they withdraw our work permits as they have refused our PR application

Thank you in advance,
A guy I worked with had a similar problem with his son, he appealed through a lawyer and was successful.

I know he has got his PR now, I think his appeal was based on that in the UK you are not a dependant if you are working after the age of 18.

It might be worth looking into it with an immigration lawyer.

Regards
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Old Nov 26th 2009, 6:52 pm
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Default Re: PR application refused

Originally Posted by crg2704
Hello everyone, not been a good day today as after waiting three years we have now recieved notification that our PR application has been refused.

The reason is that our son now 21 was caught drink driving at the age of 18,This stupid mistake was the only time he has had dealings with the police, He no longer lives with us and is living his own life in the UK and we are now in Canada on work permits, The letter also states that as my son was convicted of a criminal offence in the UK ( DD) we are inadmissable to Canada as we are related, this goes for both myself, my wife and my other son and daughter who are in high school all of which have never had any run ins the the police or had any dealings with the criminal justice system.

Please if there is anyone out there with any advice about appeals or wether we can appeal, it would be much apprecaited.

On the subject of work visa's, My wife is a nurse and I'm a Heavy duty Mechanic and we both hold permanent jobs after serving our probationary periods can they withdraw our work permits as they have refused our PR application

Thank you in advance,
Hi crg2704
Very sorry to hear your disappointing news and hope you manage to get a positive result some how

regards
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Old Nov 26th 2009, 8:18 pm
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Default Re: PR application refused

Originally Posted by Auld Yin
Your application will not be affected by your half-brother's indiscretions.
Thank you for your response. I feel abit more re-assured. Fingers crossed!!
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Old Dec 1st 2009, 11:07 pm
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Default Re: PR application refused

Originally Posted by crg2704
Hello everyone, not been a good day today as after waiting three years we have now recieved notification that our PR application has been refused.

The reason is that our son now 21 was caught drink driving at the age of 18,This stupid mistake was the only time he has had dealings with the police, He no longer lives with us and is living his own life in the UK and we are now in Canada on work permits, The letter also states that as my son was convicted of a criminal offence in the UK ( DD) we are inadmissable to Canada as we are related, this goes for both myself, my wife and my other son and daughter who are in high school all of which have never had any run ins the the police or had any dealings with the criminal justice system.

Please if there is anyone out there with any advice about appeals or wether we can appeal, it would be much apprecaited.

On the subject of work visa's, My wife is a nurse and I'm a Heavy duty Mechanic and we both hold permanent jobs after serving our probationary periods can they withdraw our work permits as they have refused our PR application
You should consult with a lawyer because Regulation 23 only refers to inadmissibility of a (child) family member if you have custody over that child:
http://www.canlii.org/en/ca/laws/reg...02-227.html#23.

Clearly, you cannot have "custody" over a 21 year old.

Otherwise, you have to wait until child is 22. Or try Australia (you won't have the same problem).
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