RETURN TO CANADA
Sep 14th 2001, 3:18 am
#1
Guest
Posts: n/a
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
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
Sep 14th 2001, 3:56 am
#2
Guest
Posts: n/a
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)
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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)
________________________________
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Sep 14th 2001, 12:03 pm
#3
Guest
Posts: n/a
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
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[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]
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
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US)
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permanent
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month. It
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[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]
Sep 14th 2001, 1:45 pm
#4
Guest
Posts: n/a
a pertinent post but you might want to tone down your SHOUTING
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Sep 14th 2001, 2:22 pm
#5
Guest
Posts: n/a
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)
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[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]
**********************
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)
________________________________
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[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]
Sep 14th 2001, 4:09 pm
#6
Guest
Posts: n/a
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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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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