Canadian Embassy pushing me into signing waiver

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CastAway
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Joined: Fri Aug 25, 2006 10:47 pm

Post by CastAway »

The following answer to my query was posted in another immigration forum :

"If you have an IMM 1000 and have a single entry US visitor visa , drive into Canada and then try to fight for re-enstatment but it will take time. Can you stop earning a living and afford my fees or someone like me to fight this case?"

Thoughts anybody ?
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" Bakersfield ?....Bakersfield!!!!"
CastAway
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Post by CastAway »

Here are some other answers form various immigration forums :

"If you have a IMM 1000 and have a single entry US visitor visa , drive into Canada and then try to fight for re-enstatment but it will take time. Can you stop earning a living and afford my fees or someone like me to fight this case?" - Genius

"In 98 pre IRPA (2002) you were only allowed to be outside Canada 183 days in each year, without a returning resident permit. So they weren´t stonewalling, as of the law at that time you had lost your PR status " - Whiz

"The CHC has determined that you have lost your PR status, and requesting that you sign the waiver so that you cannot claim PR status at the POE. You have a choice, sign the waiver or don´t get a visitor visa. You may wish to consult either a Canadian Immigration Lawyer or Consultant." - Wunderkind

"(you´re screwed CastAway), unless you can make it to a port of entry, and if you require a visitor visa, it won´t happen." - Legal Larry

Anybody else want a crack at it ?
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" Bakersfield ?....Bakersfield!!!!"
Ron Liberman
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Post by Ron Liberman »

Basically if you sign the waiver you have lost your claim to permanent residence.

If you want to have a fighting chance of keeping your permanent residence, as other people have rightly stated, you need to turn up at the Canadian border and seek entry as a permanent resident. I don't agree with the statement that under the former Act you lost your permanent residence if you were outside the country for more than 180 days and did not have a returning resident permit. The test under the former Act was whether you intended to "abandon Canada". If you had a returning resident permit, there was a (rebuttable) presumption that you did not intend to abandon Canada. Not having a returning resident permit does not however of itself constitute proof that you intended to abandon Canada.

The test since the new Act came into force on June 28, 2002 has been whether you comply with the residency requierements, which is to spend 730 days out of every 5-year period in Canada (there are certain limited situations where you can be physically outside Canada and still meet this requirement).

There is not much more anyone can tell you about your situation - you can reapply for permanent residence if you qualify in your own right, or you can choose to claim the right to live permanently in Canada - time to stop "shopping around" for opinions and to decide!
CastAway
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Joined: Fri Aug 25, 2006 10:47 pm

Post by CastAway »

You are a genius Mr. Libermann. You´ve cracked this nut wide open ! Thank you so much for your advice sir.
Feeling like Tom Hanks in " Cast Away "...
" Bakersfield ?....Bakersfield!!!!"
CastAway
Posts: 7
Joined: Fri Aug 25, 2006 10:47 pm

Post by CastAway »

Ron Liberman wrote: If you had a returning resident permit, there was a (rebuttable) presumption that you did not intend to abandon Canada. Not having a returning resident permit does not however of itself constitute proof that you intended to abandon Canada.
There was absolutely no doubt in my mind, at the time, that I was a Canadian citizen. My family (my father especially) was under the assumption that I became an automatic citizen when he opted for citizenship. That is the only reason I left the country at 19 ( and 3 months) to study abroad accompanying my family. If I had known my citizenship status I would have never, I repeat, NEVER EVER left my home.
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CastAway
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Post by CastAway »

Mr. Leberman, are your services for hire ?
Feeling like Tom Hanks in " Cast Away "...
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CastAway
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Joined: Fri Aug 25, 2006 10:47 pm

Post by CastAway »

Ron Liberman wrote:- you can reapply for permanent residence if you qualify in your own right, or you can choose to claim the right to live permanently in Canada -
Would I qualify to reapply for permanent residence ? Am I entitled to claim a right to permanent residence ?
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Ron Liberman
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Post by Ron Liberman »

Yes, certainly, my services are for hire.

You can contact me via my web form at http://www.bestplace.ca/contact.html
Ron Liberman
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Best Place Immigration
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Ron Liberman
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Post by Ron Liberman »

Just remember that you have limited time to appeal - 60 days from when the visa officer finds you have not met the residency obligation.
CastAway
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Joined: Fri Aug 25, 2006 10:47 pm

Post by CastAway »

Ron Liberman wrote:Just remember that you have limited time to appeal - 60 days from when the visa officer finds you have not met the residency obligation.
Thank you Mr. Liberman. Is the Appeal Review Board back logged ? If I have 60 days to appeal but a 12 month waiting period, what happens then ?
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" Bakersfield ?....Bakersfield!!!!"
Ron Liberman
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Post by Ron Liberman »

Since no-one else seems to be able to reply, I will do so again.

Firstly, it would be better in your situation if the Appeal Board took TWO years over this, since at that point after two years living in Canada you would be able to claim you had re-established your residency.

You are still a permanent resident (unless you signed that waiver) because until the Immigration Appeal Division determines that you have lost your permanent residence your status as a permanent resident remains intact. CIC cannot take it away without there being a Hearing. Unfortunately, by applying for a visa for Canada you have given CIC the opportunity to examine you to determine whether you are a permanent resident. If you had not done that, and had better advice, you might already be in Canada -in the worst case, waiting here for the year or two years to go by and with a better chance.

My dear friend, normally I keep quiet and try not to "shout" loudly about this but if you want to retain permanent residence in Canada STOP TRYING TO DEAL WITH THIS YOURSELF! CONTACT A PROFESSIONAL FOR HELP!
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