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730 days PR obligation not met, appeal instruction

Efgan

Star Member
Jan 28, 2017
62
4
Hi,
My I will mot be able to 730 days PR obligation, when I will return to Canada. If CBSA officer will report me at airport, will I get email from IRCC about how to appeal? Will I be able to appeal online? I want appeal as H&C because I have reasons why I could not stay in Canada.
 
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armoured

VIP Member
Feb 1, 2015
17,598
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Hi,
My I will mot be able to 730 days PR obligation, when I will return to Canada. If CBSA officer will report me at airport, will I get email from IRCC about how to appeal? Will I be able to appeal online? I want appeal as H&C because I have reasons why I could not stay in Canada.
If they complete the 44(1) report, you will get a physical copy with instructions on how to appeal.

There is a VERY small chance that they would open the report and not complete it (basically because of a lack of staff) and they would then contact you afterwards if they choose to proceed with it.

Far more likely is either they do the complete process and give you a copy OR give you some kind of a verbal warning.
 

Ponga

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Oct 22, 2013
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Hi,
My I will mot be able to 730 days PR obligation, when I will return to Canada. If CBSA officer will report me at airport, will I get email from IRCC about how to appeal? Will I be able to appeal online? I want appeal as H&C because I have reasons why I could not stay in Canada.
It would be helpful to know what the deficit is regarding your Residency Obligation to maintain PR status.

Are you close to the required 730 days, looking back 5 years from today (if you've been a PR for 5 years or longer)?
 

Efgan

Star Member
Jan 28, 2017
62
4
It would be helpful to know what the deficit is regarding your Residency Obligation to maintain PR status.

Are you close to the required 730 days, looking back 5 years from today (if you've been a PR for 5 years or longer)?
Hi
it is 1 year less. I have strong reason why I was absent. Also I tried to return Canada everytime, but was not success
 

Efgan

Star Member
Jan 28, 2017
62
4
What do you mean you tried?
I applied plenty of jobs. Have got job offer several times and moved to Canada. Unfortunetely my mother got cancer. I returned to home country to care about her. Last time when I moved to canada, I got serious problem on my health. It required immidiet surgery on my eyes, and my health card expired onnCanada. Also to get admission to the doctor took time. I managed to return and doctor did laser treatment and prohibited me to fly.
Besides my wife father got Covid and died. My wife managed to care of her mother, because her mother got depressed and her has serious problem on knees. Nowadays we are doing surgery, and may be she will care herself after surgery
 

canuck78

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Jun 18, 2017
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I applied plenty of jobs. Have got job offer several times and moved to Canada. Unfortunetely my mother got cancer. I returned to home country to care about her. Last time when I moved to canada, I got serious problem on my health. It required immidiet surgery on my eyes, and my health card expired onnCanada. Also to get admission to the doctor took time. I managed to return and doctor did laser treatment and prohibited me to fly.
Besides my wife father got Covid and died. My wife managed to care of her mother, because her mother got depressed and her has serious problem on knees. Nowadays we are doing surgery, and may be she will care herself after surgery
As previously addressed emergency eye surgery could have been done in Canada. It’s still unclear why you needed laser surgery since that is not typically needed on an emergency basis and does not typically prevent travel for an extended amount of time. If your wife’s mother was depressed and had knee issues not sure how that preventing you from moving to Canada like you had done before to try to establish yourself before your family joined you. Nobody is going to be able to anticipate whether you will be reported. You have been told for a year that you should return to Canada as soon as possible if you want to try to avoid getting reported and keep your PR status. You will also be facing a much worse job market if you try to return now. There have been significant tech layoffs in the past 1+ years.
 
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YVR123

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Jul 27, 2017
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I applied plenty of jobs. Have got job offer several times and moved to Canada. Unfortunetely my mother got cancer. I returned to home country to care about her. Last time when I moved to canada, I got serious problem on my health. It required immidiet surgery on my eyes, and my health card expired onnCanada. Also to get admission to the doctor took time. I managed to return and doctor did laser treatment and prohibited me to fly.
Besides my wife father got Covid and died. My wife managed to care of her mother, because her mother got depressed and her has serious problem on knees. Nowadays we are doing surgery, and may be she will care herself after surgery
If eye surgery is an emergency, you can get it done right away in Canada (It's from personal experience). The problem was that you were already not meeting provincial health requirement (which means that were already out of Canada for a period of time) with no valid health card.
It's true that you cannot fly for a period of time (likely just in terms of months not years) after eye surgery. You were LUCKY that you were able to fly back to your home country and didn't lost your vision during your flight.
It's a VERY risky move to fly with eye issue. (DO NOT fly to save the cost of medical care if you need immediate care.)
 
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steaky

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Nov 11, 2008
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Thanks your valuable comment. My eye surgery was emergency. In Canada health website also mentioned yhat is is very risky surgery. It will take time to get appointment for ophtolmogist for checkup and surgery. Also my healthcard expired on that time. I could not risk to be blind. In 2010 I was in one step to be blind, this feeling is so bad. Unfortunetely doctor prohibited me to fly after recent surgery in home country, that because of air pressure changes. I have letters and proves about that. I know job market very bad now, but I have no another choise, I should enter to Canada to maintain my PR. Lets see what will happen
You cannot fly but how about on board a cruise ship or by road (if US)?
 

armoured

VIP Member
Feb 1, 2015
17,598
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Thanks your valuable comment. My eye surgery was emergency.
...
Lets see what will happen
My feedback: it does not matter what people here on this board say or think about whether it was an emergency, necessary, or whatever.

Or phrased as Jeff 'the Dude' Lebowski would: "that's just, like, their opinion, man."

They don't know and some profess far more certainty about these things than seems reasonable.

It only matters what the CBSA or IRCC officer evaluating your reasons thinks (and if it comes to that, the "Minister's delegate" - another govt officer - and/or IRB or the courts later on).

I don't mean to encourage or discourage you with respect to your chances (I don't know what they are); just take what people say as testing your argument and how you might respond (if asked or if it comes to that).

The CBSA/IRCC officers MUST consider your reasons. They don't have to agree with them or give them a lot of weight, but they have to consider them. Make the best case you can.
 
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YVR123

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Jul 27, 2017
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My comment is just regarding to his health. I don't know if CBSA or IRCC would consider those for H&C.
And I have no opinion on that.

As far as my own experience with eye surgeries in Canada, if you are in an emergency condition, the wait for treatment is reasonable. I had laser done to try to repair right ON that day. And I had physical surgery done within the week (it did feel like forever but it wasn't). This is for future reference for OP in case he needs any care once he gets back as a PR. He should try to get a family doctor and a referral to a specialist to perform regular check up with his eye condition.
 
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Efgan

Star Member
Jan 28, 2017
62
4
My comment is just regarding to his health. I don't know if CBSA or IRCC would consider those for H&C.
And I have no opinion on that.

As far as my own experience with eye surgeries in Canada, if you are in an emergency condition, the wait for treatment is reasonable. I had laser done to try to repair right ON that day. And I had physical surgery done within the week (it did feel like forever but it wasn't). This is for future reference for OP in case he needs any care once he gets back as a PR. He should try to get a family doctor and a referral to a specialist to perform regular check up with his eye condition.
Thanks for information. My problem was that my health card expired. Besides I was shocked because I can be blind. Because in my life I feel this earlier. I think most people decided to leave Canada and deal with his health on that case. Hope CBSA and IRCC will consider this as H&C
 

armoured

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Feb 1, 2015
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My comment is just regarding to his health. I don't know if CBSA or IRCC would consider those for H&C.
And I have no opinion on that.
Fair enough.

And yet there are often here fairly detailed opinions expressed on whether the type of treatment really is an emergency, whether it can be done in Canada (on an urgent basis), whether someone's mother was depressed is a good enough reason, and on and on.

It's intrusive and bossy and know-it-all and preachy. Sometimes it's none of our {damn} business.

If someone wants to get healthcare abroad for whatever reason, they take the risk to their PR status. That may or may not be a wise choice, but we can step back and let the people whose decision it is (CBSA or whomever) make that decision.

If we don't actually have evidence that CBSA officers are actually making these points, I fail to see the utility - and it may be outright misleading.

[Side note that if someone cannot get provincial health coverage for whatever reason - as happens with PR card issues not-infrequently - they may not actually have that much of a choice, at least from their perspective.]

Yep, this is just, like, my opinion.
 

Efgan

Star Member
Jan 28, 2017
62
4
My feedback: it does not matter what people here on this board say or think about whether it was an emergency, necessary, or whatever.

Or phrased as Jeff 'the Dude' Lebowski would: "that's just, like, their opinion, man."

They don't know and some profess far more certainty about these things than seems reasonable.

It only matters what the CBSA or IRCC officer evaluating your reasons thinks (and if it comes to that, the "Minister's delegate" - another govt officer - and/or IRB or the courts later on).

I don't mean to encourage or discourage you with respect to your chances (I don't know what they are); just take what people say as testing your argument and how you might respond (if asked or if it comes to that).

The CBSA/IRCC officers MUST consider your reasons. They don't have to agree with them or give them a lot of weight, but they have to consider them. Make the best case you can.
Dear I did right or wrong, I don't know. On that time I moved to Canada only 20 days. It was very hard times for me. I could not find house to stay, no job and etc. I could not deal with health card, and it expired. I choose to save my vision. On that time I had 2 years 6 month and earlier I stayed in Canada 5 months. it was enough time for me to save PR. Unfortunately, the things happened, I returned to home country and next day doctors made surgery on my eye. Besides I am nearing to 40 years old, the gel in my eye continued to separate. If someone has myopia and he got surgery for detachment he should be in regular checkup on doctor. My doctor started to do regular checkup on my eyes. after that they prohibited me to fly because it was risky.

My family felt very depressed. Me, my son is already 4 years in control of the Psychologist because we could not move to Canada permanently(my mother health problem, she passed of in the end, my father in law health problem? he also passed off and etc) . My son has very bad insulin problem and he wants to live in Canada. All of happening affect his health. I have got letter from doctor, we have laboratory analysts, also my son teacher gave letter about his depression at the lessons because of Canada. I will try to use this facts as "Best interest of child".

Besides I also have letter from Psychologist mentioned that, I was very depressed, because I could not move to Canada. I have receipts about medicine İ bought, payments and etc. Honestly to say İ tried Suicide several times, because all problem started after İ got PR and it affected my plans to move to Canada.

Already 4 years my family in the bad situation. I don't know will IRCC or CBSA consider this facts, but it is true that, we tried to return to Canada every time.

Thanks for your all for your suggestion. If you have any other recommendation, how may I use this facts as H&C, please share with me.
 
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