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| Subject: Canadian Embassy pressuring me to sign waiver |
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The facts people :
Name : CastAway
Date of Birth : 1971
Marital Status : single
Citizenship Status : Foreign National
Family Citizenship Status : Father, sister and brother Canadian citizens.
time spent in Canada :
1) 1975 - 1980
(left at the age of 9 accompanying parents abroad)
2) 1984 - 1991 - Dad became Canadian citizen in 1986
(Back living in Canada in ?84. At the age of 19 accompanied parents abroad once more)
3) 1998 (spent 4 months in Canada - Inquired with Immigration Officer about claim to citizenship or PR status but was stonewalled. Left Canada)
Problem : Is CastAway entitled to any claims whatsoever ?
Canadian Embassy is currently denying him travel visa to sister?s wedding in Canada on condition that he sign a waiver of right to appeal Residency Status Determination
Thoughts ?
[25-08-2006,13:20]
[***.73.248.82]
CastAway |
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(in reply to: Canadian Embassy pressuring me to sign waiver)
Under the old act a minor could not give up their PR ststus but you have to read section 190 of the act and in theory it is the same now BUT the residency requirements apply. If your father became a CDN and you chose not when you were an adult PR in Canada or he did not fill in an application for you while you were a minor you have no claim to CDN Citz.
The time line in this post is slightly different the the previous post.
Now since you tell me to check the OP Overseas Processing manuals this leads me to believe this is a trick question. 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 and can you stop earning a living and afford my fees or someone like me to fight this case? Appeal Hearings in Toronto are more then a year wait time.
The Americans will not take you back because you only have a single entry and they can´t leave you in the middle of the bridge so you are admitted with a 44 Report & can challenge re-enstatement.
You claim you returned in 1998 when you were 27 years of age so therefore the chance of success is extremely low because you were not a minor then. You also do not say how you got back into the country in 1984 or how long you stayed or in 1998.
By the time you argue this you will miss your sisters wedding. Your name is suitable for this situation and unless you can come via the US it really is not worth the aggrevation to fight this.
Roy
www.cvimmigration.com
[25-08-2006,15:05]
[**.158.72.62]
Roy |
(in reply to: Canadian Embassy pressuring me to sign waiver)
"If your father became a CDN and you chose not when you were an adult PR in Canada or he did not fill in an application for you while you were a minor you have no claim to CDN Citz." - Roy
My father did NOT fill out a form for me as he was under the impression, at the time, that I had been granted automatic citizenship for being a minor. I left Canada in 1991 believing I was a Canadian citizen (with foreign passport). I would have never left had I known otherwise.
You are an absolute genius Roy!!!! You cracked this nut wide open!
[25-08-2006,16:37]
[***.73.250.68]
CastAway |
(in reply to: Canadian Embassy pressuring me to sign waiver)
"You claim you returned in 1998 when you were 27 years of age so therefore the chance of success is extremely low because you were not a minor then" - Roy
I was told at Customs Immigration in ?98 that I was entitled to a claim. They told me to take it up with the CIC. I went to the local Immigration Canada offices but was told I had no right to any claim, and that the Customs officer was mistaken.
[25-08-2006,16:58]
[***.73.250.68]
CastAway |
(in reply to: Canadian Embassy pressuring me to sign waiver)
Okay so I passed, big deal!
In 1998 you had a claim to PR but not after the new act after June 28th 2002. Winning with someone knowledgeable would have been a walk in the park but not know because of the new defintion of residency.
Castaway!
Roy
www.cvimmigration.com
[25-08-2006,23:08]
[**.52.217.28]
Roy |
(in reply to: Canadian Embassy pressuring me to sign waiver)
"In 1998 you had a claim to PR but not after the new act after June 28th 2002" - Roy
Hmmmmm. Eventhough I willingly returned to Canada in 1998 ? Being given misleading info by an Immigration Canada officer has got to be illegal, right ? How is that my fault ?
[25-08-2006,23:35]
[***.73.251.212]
CastAway |
(in reply to: Canadian Embassy pressuring me to sign waiver)
"Winning with someone knowledgeable (in 1998) would have been a walk in the park but not now because of the new defintion of residency." - Roy
It cannot be THAT cut and dry Roy.
[26-08-2006,18:20]
[***.73.251.198]
CastAway |
(in reply to: Canadian Embassy pressuring me to sign waiver)
My 2 cents..
Instead of hitting the wall, Why not apply for family class immigration.. it will take you a year or 2 and you will have high chances to get it.. no?
[27-08-2006,04:46]
[**.217.226.132]
Mich |
(in reply to: Canadian Embassy pressuring me to sign waiver)
"My 2 cents..
Instead of hitting the wall, Why not apply for family class immigration.. it will take you a year or 2 and you will have high chances to get it.. no?" - Mich
Interesting. What makes you think I?m inevitably going to hit a wall with the CIC , Mich ?
[27-08-2006,12:58]
[***.73.249.154]
CastAway |
(in reply to: Canadian Embassy pressuring me to sign waiver)
Guys! I?ve got the same thread running on page one. Could you guys post there please ? There?s no topic bump-up on this forum.
[27-08-2006,13:12]
[***.73.249.154]
CastAway |
