Need Help for PR Retaining


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ftfl   
Member since: Jul 06
Posts: 2335
Location:

Post ID: #PID Posted on: 21-04-08 14:29:26

Hi Raju,

http://www.cic.gc.ca/english/information/pr-card/apply-how.asp#replace

Here is an application and guide for a Permanent Residence Card on Humanitarian Grounds.
http://www.cic.gc.ca/english/pdf/kits/guides/5291E.PDF
The nearest office will be in Chandigarh: or New Delhi
http://www.cic.gc.ca/english/information/offices/missions/chandigarh.asp
Here is the phone and e-mail links to offices in New Delhi.

Canadian High Commission
7/8 Shantipath, Chanakyapuri
New Delhi 110 021, India
Telephone: +91 (11) 4178-2000
Facsimile: +91 (11) 4178-2020
E-mail:
Office hours are Monday to Thursday from 08:30 to 17:30
and from 08:30 to 13:00 on Fridays.

PLEASE CALL THEM AND GET PROPER GUIDANCE. Write to them an e-mail with all of your problems and ask for help.
http://geo.international.gc.ca/asia/new-delhi/site/contact_info-en.asp
Documents check list: http://www.cic.gc.ca/english/pdf/kits/forms/IMM5280E.PDF
Go to the item 3 Applying for a renewal of a permanent resident Card.
https://services3.cic.gc.ca/ecas/?app=ecas&lang=en
Go and read all of the Frequently asked questions. FAQ's
In the kit:
Read the PR Card application guide carefully, it will answer your questions. For example, "Your application for a PR Card must have a declaration made by your guarantor stating that he or she has known you personally for at least two years, he or she confirms your identity and that, to the best of his or her knowledge and belief, all the information you submit with this application is true and accurate."

This indicates that your guarantor must sign to agree that the information you have filled out is accurate and true. How can they sign this form if you have not filled it out yet? This issue is for you and your guarantor to discuss and decide what you wish to do.
Your best friend will be your family Doctor. He will have to provide you with a letter giving all of the health details and the length of the illness and the time it will take before she can travel. Add this letter to your RENEWAL application for all of you and pay the fees also. When you are on the phone, make a list of the forms and the application for the payment of fees through a local bank etc., and ask them to mail all of them to you. You can also down load these forms and start filling the same starting to day. Read the GUIDE in detail and if you do not understand the same fully ask some one in the legal side to help you. You may find a good lawyer who may help you do all of the work for you there. Pay him to do it. Tell him it is as per the Humanitarian and Compassionate grounds.

The IMM5444, you can download it yourself from the CIC web site:
http://www.cic.gc.ca/english/applications/prcard.html
You may need additional forms also for the spouse :
https://services3.cic.gc.ca/kmsweb/order/orderitemform_init.do?dispatch=orderitemform_init&org.apache.struts.taglib.html.TOKEN=f3bc0660564687fda24588959c1bfc80

After you hear from the Canadian High Commission in New Delhi, ask them where the forms have to be dispatched and confirm the correct address to which it is to be sent.
Courier the same through Speed Post and Keep the receipts and copies of all of the documents and forms that you filled in. Then wait to hear from them.

Hope this helps. Good Luck.

Freddie.



capt_sparrow2003   
Member since: Jun 05
Posts: 2
Location:

Post ID: #PID Posted on: 22-04-08 16:15:48

Freddie,

I have same question regarding retaining PR status / reapplying it again.

I am a Canadian Citizen (naturalized citizen) and presently working in United States. I married to a foreign girl and my spouse became Permanent Residence in April 2005. In November 2005 she came with me in United States on dependent visa. But from October 2006 she started working in United States on H1B visa and since then working on the same visa category. Now I have two specific questions regarding her status :

1) If she stays for like say another 10 years in United States along with me (and working under H1B visa), can she hold her Permanent Residency in Canada and continue working here.

2) Or if we decide to come back to Canada for good, then will she be able to apply for Permanent Residency again say after 10 years or so (I hold Canadian Citizenship ).

I would like to know this information as this will help us in deciding our future path. Like as i said her 3 years in United States are getting over in Nov 2008. And to my knowledge if she has to retain her residency then she has to be in Canada for atleast 2 years out of 5 years.

thanks and will appreciate your help.

Captain



ftfl   
Member since: Jul 06
Posts: 2335
Location:

Post ID: #PID Posted on: 22-04-08 20:24:17

Quote:
Originally posted by capt_sparrow2003

Freddie,

I have same question regarding retaining PR status / reapplying it again.

I am a Canadian Citizen (naturalized citizen) and presently working in United States. I married to a foreign girl and my spouse became Permanent Residence in April 2005. In November 2005 she came with me in United States on dependent visa. But from October 2006 she started working in United States on H1B visa and since then working on the same visa category. Now I have two specific questions regarding her status :

1) If she stays for like say another 10 years in United States along with me (and working under H1B visa), can she hold her Permanent Residency in Canada and continue working here.
-----------------------------------------------------------------------------------------


2) Or if we decide to come back to Canada for good, then will she be able to apply for Permanent Residency again say after 10 years or so (I hold Canadian Citizenship ).

-----------------------------------------------------------------------------------------

I would like to know this information as this will help us in deciding our future path. Like as i said her 3 years in United States are getting over in Nov 2008. And to my knowledge if she has to retain her residency then she has to be in Canada for at least 2 years out of 5 years.

thanks and will appreciate your help.

Captain



------------------------------------------------------------------------------------------

Captain,

Let me just enlarge upon Indent 2) You say that you hold Canadian Citizenship.
The whole crux of the matter lies in that one piece of paper that says that you are a Canadian Citizen. Also that "Your Wife Follows You where ever you are going."
You got married to your sweetheart and now you both are residing there in the USA. You have a Marriage certificate to support that.
Based on this fact, that which says that you are a citizen, and your wife just follows you everywhere you are going to, also makes her eligible for the count of the days anywhere in the world, as long as she is there with you all the time.
Now she gets the TWO years of stay waived when you both complete your stay of two years there in the US of A. (She now complies with the Two years out of Five)
At the end of THREE years, she qualifies herself for the right to become a CITIZEN of Canada and she can also apply for one and get that too, as long as she is there with you.

Further, she has moved with you there in November 2005, hence she has completed her requirement of 730 days required in Nov. 2007. Not taking into consideration where she was between April of 2007 and Nov. of 2007. She will also get due credit for the number of days there too as she became a PR in April 2005 and resided here in Canada.?

Now in April 2008, which happens to be the current month, she would have fulfilled the required THREE years for the Citizenship, by the virtue of being married to you, who is a Canadian Citizen, and being there beside you all along after November of 2005.

Now to answer your question (1) I know.... you have the answer already. Here is the confirmation.

With kind regards to both of you.

Freddie.



ftfl   
Member since: Jul 06
Posts: 2335
Location:

Post ID: #PID Posted on: 22-04-08 20:37:21

Quote:
Originally posted by capt_sparrow2003

Freddie,

I have same question regarding retaining PR status / reapplying it again.

I am a Canadian Citizen (naturalized citizen) and presently working in United States. I married to a foreign girl and my spouse became Permanent Residence in April 2005. In November 2005 she came with me in United States on dependent visa. But from October 2006 she started working in United States on H1B visa and since then working on the same visa category. Now I have two specific questions regarding her status :

1) If she stays for like say another 10 years in United States along with me (and working under H1B visa), can she hold her Permanent Residency in Canada and continue working here.
-----------------------------------------------------------------------------------------


2) Or if we decide to come back to Canada for good, then will she be able to apply for Permanent Residency again say after 10 years or so (I hold Canadian Citizenship ).

-----------------------------------------------------------------------------------------

I would like to know this information as this will help us in deciding our future path. Like as i said her 3 years in United States are getting over in Nov 2008. And to my knowledge if she has to retain her residency then she has to be in Canada for at least 2 years out of 5 years.

thanks and will appreciate your help.

Captain



------------------------------------------------------------------------------------------

Captain,

Let me just enlarge upon Indent 2) You say that you hold Canadian Citizenship.
The whole crux of the matter lies in that one piece of paper that says that you are a Canadian Citizen. Also that "Your Wife Follows You where ever you are going."
You got married to your sweetheart and now you both are residing there in the USA. You have a Marriage certificate to support that.
Based on this fact, that which says that you are a citizen, and your wife just follows you everywhere you are going to, also makes her eligible for the count of the days anywhere in the world, as long as she is there with you all the time.
Now she gets the TWO years of stay waived when you both complete your stay of two years there in the US of A. (She now complies with the Two years out of Five)
At the end of THREE years, she qualifies herself for the right to become a CITIZEN of Canada and she can also apply for one and get that too, as long as she is there with you.

Further, she has moved with you there in November 2005, hence she has completed her requirement of 730 days required in Nov. 2007. Not taking into consideration where she was between April of 2007 and Nov. of 2007. She will also get due credit for the number of days there too as she became a PR in April 2005 and resided here in Canada.?

Now in April 2008, which happens to be the current month, she would have fulfilled the required THREE years for the Citizenship, by the virtue of being married to you, who is a Canadian Citizen, and being there beside you all along after November of 2005.

Now to answer your question (1) I know.... you have the answer already. Here is the confirmation.

With kind regards to both of you.

Freddie.

SIDE NOTE: I tried to locate the current pages on Citizenship to see if the out of Canada residency will qualify your spouse for a Citizenship status.
It is still there in the old section for the WAR BRIDES and if they will extend the same privilege to you and your spouse has to be clarified from the Citizenship division. Since three years have been completed, please approach them and file an application, before they change the rules. Do send it by courier and retain copies and the receipts. Also please keep us posted.
Thanks. Freddie.



Contributors: ftfl(6) rajuban(3) pchoudhry(1) capt_sparrow2003(1)



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