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| Subject: RESIDENCY ISSUE - NOT A PROBLEM |
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The Minister of Immigration is at it again putting his strange interpretation on everything.
The Globe and Mail article did not say 4,400 Permanent Residents are going to be stripped of their PR status. It does imply that 1,400 gave up their Citizenship applications due to increased scrutiny. What a misleading statement if I ever heard one.
THERE ARE NOT 4,400 PERMANENT RESIDENTS IN VIOLATION OF RESIDENCY!
There is a new tougher Citizenship test that many with little education or time to study most would not pass easily. I believe that many older Canadian’s would not stand a chance to pass the new test as well. This is far more a logical reason to withdraw an application for residency. No one really knows why someone withdraws their application.
If accused of residency violations (730 days of residency for EVERY five year period) the following occurs.
1. You’re sent a letter to your address and asked to explain the reasons for your absences. There will be a Ministers Delegate Review either by mail or in person. This is the best time to submit quality Humanitarian and Compassionate factors. You should retain someone to represent you who is experienced and authorized Counsel regarding H&C factors aka common sense.
2. The the Minister´s Delegate Officer conducting the review can recommend you be given a warning or they can send you to an inadmissibility hearing at the Immigration Division. They will write a 44 Report stating that you are in violation if you are in violation.
3. The Immigration Division will have to decide whether or not you were in Canada for 730 days out of EVERY five year period. If they find you were absent too much you will be ordered deported. The Immigration Division cannot assess compassionate factors. You should appeal the deportation order.
4. Your residency appeal will take several years just to be scheduled. You should retain someone who clearly understands compassionate factors especially those that the IAD member will consider exceptional. You may be granted a stay of removal prior to a hearing or after the hearing with certain conditions imposed. You may lose!
5. If the Immigration Appeal Division upholds the Immigration Division deportation order there is always Judicial Review of their decision.
If there is even one quarter of 4,400 PR´s sent to an IAD the backlog of hearings would take decades to clear up so most will be given stay´s of removal whether Jason Kenney likes it or not.
Hopefully this makes things more clear.
Roy
cvimmigration.com
[15-12-2011,08:38]
[**.245.183.211]
Roy |
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RESIDENCY ISSUE - NOT A PROBLEM (in reply to: RESIDENCY ISSUE - NOT A PROBLEM)
Yes, Roy. Your post does make things clear.
[15-12-2011,12:49]
[***.61.171.199]
balki |
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