I AM A LEGAL RESIDENT OF THE U.S. I WISH TO RETURN TO CANADA. I LIVED IN CANADA, FOR
OVER 3 YEARS, WITH MY EX-HUSBAND AND DAUGTHER. WE WERE ALL LEGAL RESIDENTS OF CANADA. HIS FAMILY; CONVINCED US TO VISIT THE U.S. DURING THE VISIT MY HUSBAND DECIDED FOR US TO STAY. MY DAUGTHER WAS SMALL AND I WAS PREGNANT. I BASICALLY WAS FORCED BY HIM AND SITUATION TO STAY IN FLORIDA. WELL, THAT WAS A FEW YEARS AGO, SINCE THEN I HAVE DIVORCED, MY CHILDREN ARE OLDER ( 14 AND 10 ) I HAVE REMARRIED AND BOTH HE AND I HAVE STRUGGLED IN OUR U.S. LIVES. I HAVE MENTIONED; OF HOW WONDERFUL CANADA IS. HOW MUCH I MISS IT AND THAT IT WOULD BE A BETTER LIFE FOR THE FOUR OF US. I WORRY ABOUT MY CHILDREN AND OUR FUTURE. IF YOU WOULD PROVIDE US WITH PROPER INSTRUCTIONS FOR RE- ESTABLISHING AND ACQUIRING CANADIAN RESIDENCY AND CITIZENSHIP. WE ARE CUBAN NA- TIONALS WITH CURRENT U.S. RESIDENCY. PLEASE RESPOND ASAP. THANKS FOR YOUR EFFORTS, MANNY AND GEORGIA |
The moment you took the residency in another country (in your case in the US) you are
deemed by Canadian law to have abandoned Canada as a place of permanent residency, even if you would have been outside Canada for less than 6 month. It looks like you will have to re-apply for Canadian immigration visas. -- ../.. Andrew Miller Immigration Consultant Vancouver, British Columbia email: [email protected] (delete REMOVE and INVALID from the above address before sending email) ________________________________ > > > > > > > > > > > > > > > > |
I must be using an old Act and Regulations or maybe I missed something after all the
years but I cannot find anything in the Act, Regulations , Manual or OMs about taking out residence status in the USA as being deemed to have abandoned Canada as a place of residence. While it may seem logical there is no basis for the other respondents statement. There are reported cases where persons have been deemed not to have abandoned Canada as a result of being coerced into returning to a former country of residence and returning many years later. I think we have to be careful about taking such broad statements at face value. There is no infomration about dates and length of time absent and ties to Canada and apart from the fact that your children are now 10 and 14 years and presumably you have been ouut of canada for over 10 years I think you would have a difficult time persuading an adjudicator that your did not abandon Canada as a your pace of residence if you were to return and attempt to calim that you were a returning residence . Adjudicators look at the facts of a case and if it went that far you could appeal the negative decison to the Immigrtaion and Refugee Board who will look at a broader range of factors before a decison is made. Jim Metcalfe , Consultant and former visa officer > US) > permanent > month. It > > > > > > > > > > > > > [usenetquote2]> >[/usenetquote2] [usenetquote2]> > I AM A LEGAL RESIDENT OF THE U.S. I WISH TO RETURN TO CANADA. I LIVED IN CANADA,[/usenetquote2] [usenetquote2]> > FOR OVER 3 YEARS, WITH MY EX-HUSBAND AND DAUGTHER. WE WERE ALL LEGAL RESIDENTS OF[/usenetquote2] [usenetquote2]> > CANADA. HIS FAMILY; CONVINCED US TO VISIT THE U.S. DURING THE VISIT MY HUSBAND[/usenetquote2] [usenetquote2]> > DECIDED FOR US TO STAY. MY DAUGTHER WAS SMALL AND I WAS PREGNANT. I BASICALLY WAS[/usenetquote2] [usenetquote2]> > FORCED BY HIM AND SITUATION TO STAY IN FLORIDA. WELL, THAT WAS A FEW YEARS AGO,[/usenetquote2] [usenetquote2]> > SINCE THEN I HAVE DIVORCED, MY CHILDREN ARE OLDER ( 14 AND 10 ) I HAVE REMARRIED[/usenetquote2] [usenetquote2]> > AND BOTH HE AND I HAVE STRUGGLED IN OUR U.S. LIVES. I HAVE MENTIONED; OF HOW[/usenetquote2] [usenetquote2]> > WONDERFUL CANADA IS. HOW MUCH I MISS IT AND THAT IT WOULD BE A BETTER LIFE FOR[/usenetquote2] [usenetquote2]> > THE FOUR OF US. I WORRY ABOUT MY CHILDREN AND OUR FUTURE. IF YOU WOULD PROVIDE US[/usenetquote2] [usenetquote2]> > WITH PROPER INSTRUCTIONS FOR RE- ESTABLISHING AND ACQUIRING CANADIAN RESIDENCY[/usenetquote2] [usenetquote2]> > AND CITIZENSHIP. WE ARE CUBAN NA- TIONALS WITH CURRENT U.S. RESIDENCY. PLEASE[/usenetquote2] [usenetquote2]> > RESPOND ASAP. THANKS FOR YOUR EFFORTS,[/usenetquote2] [usenetquote2]> >[/usenetquote2] [usenetquote2]> >[/usenetquote2] [usenetquote2]> > MANNY AND GEORGIA[/usenetquote2] [usenetquote2]> >[/usenetquote2] [usenetquote2]> >[/usenetquote2] |
a pertinent post but you might want to tone down your SHOUTING
> > > > > > > > > > > > > > > > |
Canadian Immigration Act clearly states the following:
********************** Loss of Status 24. (1) A person ceases to be a permanent resident when (a) that person leaves or remains outside Canada with the intention of abandoning Canada as that person's place of permanent residence; or (b) a removal order has been made against that person and the order is not quashed or its execution is not stayed pursuant to subsection 73(1). ********************** Original poster left Canada, applied for permanent residency in the US and obtained such status. By taking permanent residency in other country and remaining there for years poster made her intentions absolutely clear - she remained outside Canada with the intention of abandoning Canada as a place of permanent residence, thus she ceased to be Canadian permanent Resident as per Immigration Act. It is not the issue of the prolonged absence alone anymore, where some arguments about the intentions could be made - this is the clear case of ceasing to be a permanent resident. I don't see here anything what may be interpreted as being "coerced into returning to a former country of residence" - poster left Canada permanently, she didn't just return to her home country (Cuba), she moved to the third country (USA), applied for and obtained a permanent resident status there and is living there. Going through the adjudicator and appeals (if at all possible) is just a waste of time and money - there is no hope at all in this case that person will not be deemed to cease being Canadian permanent resident. -- ../.. Andrew Miller Immigration Consultant Vancouver, British Columbia email: [email protected] (delete REMOVE and INVALID from the above address before sending email) ________________________________ > > > > > > > > > > > > > > > > > > > > > > > > > [usenetquote2]> > The moment you took the residency in another country (in your case in the[/usenetquote2] > [usenetquote2]> > you are deemed by Canadian law to have abandoned Canada as a place of[/usenetquote2] > [usenetquote2]> > residency, even if you would have been outside Canada for less than 6[/usenetquote2] > [usenetquote2]> > looks like you will have to re-apply for Canadian immigration visas.[/usenetquote2] [usenetquote2]> >[/usenetquote2] [usenetquote2]> > --[/usenetquote2] [usenetquote2]> >[/usenetquote2] [usenetquote2]> > ../..[/usenetquote2] [usenetquote2]> >[/usenetquote2] [usenetquote2]> > Andrew Miller Immigration Consultant Vancouver, British Columbia email:[/usenetquote2] [usenetquote2]> > [email protected] (delete REMOVE and INVALID from the above address before[/usenetquote2] [usenetquote2]> > sending email)[/usenetquote2] [usenetquote2]> > ________________________________[/usenetquote2] [usenetquote2]> >[/usenetquote2] [usenetquote2]> >[/usenetquote2] [usenetquote2]> >[/usenetquote2] [usenetquote2]> > >[/usenetquote2] [usenetquote2]> > > I AM A LEGAL RESIDENT OF THE U.S. I WISH TO RETURN TO CANADA. I LIVED IN[/usenetquote2] [usenetquote2]> > > CANADA, FOR OVER 3 YEARS, WITH MY EX-HUSBAND AND DAUGTHER. WE WERE ALL LEGAL[/usenetquote2] [usenetquote2]> > > RESIDENTS OF CANADA. HIS FAMILY; CONVINCED US TO VISIT THE U.S. DURING THE[/usenetquote2] [usenetquote2]> > > VISIT MY HUSBAND DECIDED FOR US TO STAY. MY DAUGTHER WAS SMALL AND I WAS[/usenetquote2] [usenetquote2]> > > PREGNANT. I BASICALLY WAS FORCED BY HIM AND SITUATION TO STAY IN FLORIDA. WELL,[/usenetquote2] [usenetquote2]> > > THAT WAS A FEW YEARS AGO, SINCE THEN I HAVE DIVORCED, MY CHILDREN ARE OLDER ([/usenetquote2] [usenetquote2]> > > 14 AND 10 ) I HAVE REMARRIED AND BOTH HE AND I HAVE STRUGGLED IN OUR U.S.[/usenetquote2] [usenetquote2]> > > LIVES. I HAVE MENTIONED; OF HOW WONDERFUL CANADA IS. HOW MUCH I MISS IT AND[/usenetquote2] [usenetquote2]> > > THAT IT WOULD BE A BETTER LIFE FOR THE FOUR OF US. I WORRY ABOUT MY CHILDREN[/usenetquote2] [usenetquote2]> > > AND OUR FUTURE. IF YOU WOULD PROVIDE US WITH PROPER INSTRUCTIONS FOR RE-[/usenetquote2] [usenetquote2]> > > ESTABLISHING AND ACQUIRING CANADIAN RESIDENCY AND CITIZENSHIP. WE ARE CUBAN NA-[/usenetquote2] [usenetquote2]> > > TIONALS WITH CURRENT U.S. RESIDENCY. PLEASE RESPOND ASAP. THANKS FOR YOUR[/usenetquote2] [usenetquote2]> > > EFFORTS,[/usenetquote2] [usenetquote2]> > >[/usenetquote2] [usenetquote2]> > >[/usenetquote2] [usenetquote2]> > > MANNY AND GEORGIA[/usenetquote2] [usenetquote2]> > >[/usenetquote2] [usenetquote2]> > >[/usenetquote2] [usenetquote2]> >[/usenetquote2] [usenetquote2]> >[/usenetquote2] |
She did say she was forced to stay by her husband and the situation. I think that
could be construed as being coerced. The coersion case is sited as an example where that situation was used to prove that a case could be made. . There is nothing in the Act or Regulations about being accepted as PR in another country as voiding CDN PR. I agree that she has only a very slim chance of being considered to have not abandoned her PR status. As the other respondent pointed out, it is the persons intention when they left which is important in these cases and if she can persuade an Adjudicator that it was never her intention then she has a good chance. There is not Automatic loss of PR status unless she renounces it or it is taken away by an Adjudicator. The purpose of my posting was to make the point that there is an Act and Regulations which is the basis of deciosn making in immigrtaion matters. Returning Residents are a grey area which is not well defined in the legislation. Regards to all Jim Metcalfe > > > > > > > > > > > > > > > > |
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