Q. My wife and I received Canadian permanent residence in June 2010 and now we are planning to go to Toronto in July 2010.

My wife is a student here in Australia and she can not stay for more than 15 days in Canada as her study will be affected. Is there any process by which she will be able to get her PR card in 15 days?

Secondly can our relatives receive our PR cards on our behalf if we come back in 15 days and can they mail us our PR cards in Australia?
_____________

A. When you arrive in Canada, you should be able to pick up your PR Card at a local CIC office. In advance of your trip. Only applicants can pick up their PR cards in person. Agents or relatives are not permitted to pick up PR Cards for applicants. You should fax the CIC office issuing your PR Card in advance and explain your wife’s situation so that they may be able to accommodate her travel plans to Canada. Note that as a Canadian Permanent Resident, your wife has residency obligations which are to reside in Canada for at least 2 years within the 5 year period of her PR Card’s validity subject to some exceptions.

For more information on PR Cards visit our PR Card FAQ page here.

Q. My PR Card expires in July 2010 and I have only lived in Canada for about one year within the last 5 years. However, my wife and kids all live in Canada. I work overseas and support my family. I have property in Canada and come when I can. How can I have my PR Card renewed in such circumstances?

________________

A. As you have not met the residency requirements for your PR card renewal, you can still apply for a renewal on Humanitarian and Compassionate Grounds. Since your family has been living in Canada, you may have a good case. Humanitarian applications are more challenging than regular PR Card renewals to be sure. A well documented case showing that you have maintained your ties to Canada despite your absence goes a long way towards a successful renewal application. See our FAQ on PR Cards for more detail on PR Card renewals.

I hired an immigration lawyer to handle my application for permanent residence to Canada. He prepared all the paperwork, got me to sign the forms, and submitted the application. I thought everything was ok. However a few months later, I received the entire application back in the mail from the Canadian government with a cover letter stating that the application was mailed to the wrong immigration office and that my application could not be processed. What’s more, they also told me that the incorrect fee was enclosed.

Needless to say this news caused me a great deal of stress. When I asked my lawyer about this he blamed the government stating that this sort of thing happens all of the time! Well I don’t see how this was the governments fault and here I am with an unfilled application and out of pocket thousands due to my lawyer’s screw up.

What do I do now? I’m really concerned.

_____________________________________

I’m sorry to hear about your ordeal. Based on what you described it does indeed appear that your lawyer dropped the ball. Depending on the specific type of permanent resident application you applied for and your own place of residence, there would be a certain immigration office that would take you application. The applicable government fees are clearly outlined and can be found on the CIC website at www.cic.gc.ca

If you have not already done so, I would approach your lawyer and demand an explanation in writing as to what went wrong here. Further, you should consider seeking alternative legal assistance as such a mistake is inexcusable. The good news is that you are still able to submit your PR application again but make sure it is handed properly this time!

Q. I am a Canadian citizen. About 5 years ago I was denied entry to the US for misrepresentation and was given a 5 year bar. I did not try to enter the US during those 5 years but now I wish to go for visitation. I have been told that I should apply for a US Waiver. Is this the case even though my 5 year bar has expired?

___________________

A. Technically, you should not have to apply for a US Waiver (I-192). However, we have found that CBP Officers are asking Canadians with 5 year bars to apply for US Waivers despite having waited the 5 year period. Their justification is that these applicants have an “immigration history” and as such there are concerns about their credibility as genuine non-immigrants (visitors). What this means in practice it seems is that if you are unfortunate to have been given a bar, you would likely need to apply for a US Waiver long after the 5 years. Fair? Not really. But such is the reality at the Canada/US Border.

The best strategy is not to misrepresent your intentions for entry to the US. And if you have concerns about your rights, seek legal advise before you visit the Canada/US Border to avoid unpleasant surprises.

Dear Michael.

I traveled to US in 2001 August, and overstayed my tourist visa. After a year, I attended Immigration Court and they told me to leave the US. I did leave  but did not do so on the given time, but rather 3 years later. That was 4 years ago. I would like to go back to the US soon.  My fellow Canadian citizens are free to go to the States and allowed to stay for 3 months without a visa. When can I even think of going back to visit?

____________

Answer:  I assume that at Immigration Court, a Judge found you inadmissible and issued an entry bar against and may have issued a deportation order which you did not comply with (you eventually did leave).  For you to return to the US, you would have to apply for a US Waiver. (I-192 or I-212 Application depending on the circumstances) Since it has been 4 years since you have left the US, you could consider applying for a US Waiver at this time. If it is approved, you could enter the US during up to a 5 year period depending on the duration of the Waiver. Also remember as a Canadian citizen you do not need a “tourist visa” to enter the US as a visitor.

Q. Hello,

My friend had Temporary Residence Status in Canada which expired. He failed to apply for Restoration of his status within 90 days of his expired status. However, he was recently offered a new job in Canada with an approved Labor Market Opinion (LMO) from Service Canada.

Canada Immigration advised him to go back to the Philippines where he is from. Is this the correct advice? If so, how long will it take for him to get his Visa to return to Canada?

Thank you!

______________________

A.  When someone is in Canada as a temporary resident whether it’s for visitation, work or study and that status expires, there is a 90 day period within which to apply for Restoration of that status. This application can be made from within Canada. However, if the Restoration application is not made on time, then are no options other than making a Humanitarian and Compassionate application (if appropriate). In most cases, the applicant will indeed have to leave Canada and apply to a Canadian Embassy or Consulate from outside Canada. The problem is that the overseas Visa Post may refuse this application due to the fact that the applicant overstayed his or her status in Canada in the past. In other words, this past “immigration violation” could come back to haunt the applicant in any future application. It is therefore very important to show, in addition to the qualifications of the applicant, proof that there will be no future overstays or immigration violations despite mistakes made in the past. Not an easy hurdle to overcome.