residency obligation not met do i need a lawyer?

[aprlapr]

Hi my husband didn't meet the residency obligation. He came here in 2017 for weeks and in 2018.he got an accident twice, one in 2016 and one in 2018 that's why we decided he just go home to get better and have his therapy. He suppose to come in 2020 but because of covid he wasn't able to come again.
March of 2021 he finally came for good.his working now.and his pr will expire this may 2022.

for those who renew their pr card using the H&C did u hire a lawyer to help you with paper works?
and if I apply through H&C when his pr card will expire what will happen to his job?Can he still continues to work?since they said he will be ran out of status.please advice.

For those who is on the same situation can you able to guide how to do the H&C please.Really appreciate it.and thank you so much!

 

[armoured]

If he is in Canada and will remain - stay and do NOT apply for the card until compliant.

Why do you think he should apply now under h and c?

 

[scylla]

Hi my husband didn't meet the residency obligation. He came here in 2017 for weeks and in 2018.he got an accident twice, one in 2016 and one in 2018 that's why we decided he just go home to get better and have his therapy. He suppose to come in 2020 but because of covid he wasn't able to come again.
March of 2021 he finally came for good.his working now.and his pr will expire this may 2022.

for those who renew their pr card using the H&C did u hire a lawyer to help you with paper works?
and if I apply through H&C when his pr card will expire what will happen to his job?Can he still continues to work?since they said he will be ran out of status.please advice.

For those who is on the same situation can you able to guide how to do the H&C please.Really appreciate it.and thank you so much!

As said above, the best path is for him to remain in Canada and not apply to renew his PR card until March 2023 when he meets the residency obligation.

He will still be a PR during this entire time and can still work, etc.

 

[aprlapr]

If he is in Canada and will remain - stay and do NOT apply for the card until compliant.

Why do you think he should apply now under h and c?

hi armoured thank you for the reply, thats was our original plan.he will just stay and just renew his pr card later when his already eligible.

but an immigration consultant said he will be ran out of status and should renounce his pr and then I will apply for him an spousal sponsorship which I think it's not a good idea to do.

I search if someone had the same situation and I read it here that they apply for H&C to renew their r card.

 

[aprlapr]

As said above, the best path is for him to remain in Canada and not apply to renew his PR card until March 2023 when he meets the residency obligation.

He will still be a PR during this entire time and can still work, etc.

hi scilla, thank you for your reply. that is really our plan but this immigration consultant said he will be ran out of status etc etc and immigration will deport him.

I called tno and advice me to talk to a lawyer and maybe apply for H&C which I read some cases here.

 

[scylla]

hi scilla, thank you for your reply. that is really our plan but this immigration consultant said he will be ran out of status etc etc and immigration will deport him.

I called tno and advice me to talk to a lawyer and maybe apply for H&C which I read some cases here.

This is 100% wrong.

Do not work with that immigration consultant. His advice is completely incorrect. If you paid him a fee, tell him you want your money back. If he refuses, tell him you'll report him to IRCC. Anyone providing advice this wrong should not be working in this field.

Your husband will still be a PR even after his PR card expires. He will not be out of status. No one is going to deport him. All he has to do is remain in Canada for two years - and then apply to renew his PR card normally without H&C (because he will at that point meet the residency requirement). There are hundreds of people on this forum who have done this. It's perfectly normal and allowed.

This is the best path.

Applying now under H&C is not the best path.

The immigration consultant is a complete idiot.

 

[scylla]

hi scilla, thank you for your reply. that is really our plan but this immigration consultant said he will be ran out of status etc etc and immigration will deport him.

I called tno and advice me to talk to a lawyer and maybe apply for H&C which I read some cases here.

You know, I don't normally say this. However this is such terrible and wrong advice that I think you should tell us the name of this immigration consultant so that everyone knows to stay away from them.

Honestly. This is such a basic thing to get wrong. Or maybe he isn't that stupid but is instead trying to get you to do the H&C application because then he will make money off of you even though he knows this isn't the right path and gives you a lower chance of success. Either way, if this is a registered consultant, he should be reported to IRCC. He's lying to you (or an idiot) and frightening you when there is nothing to be frightened about.

 

[Buletruck]

hi armoured thank you for the reply, thats was our original plan.he will just stay and just renew his pr card later when his already eligible.

but an immigration consultant said he will be ran out of status and should renounce his pr and then I will apply for him an spousal sponsorship which I think it's not a good idea to do.

I search if someone had the same situation and I read it here that they apply for H&C to renew their r card.

I have house plants with more immigration knowledge than what was provided you by your “immigration consultant”. Armoured and Scylla are correct in their assessments of your situation. Just wait to renew.

 

[aprlapr]

This is 100% wrong.

Do not work with that immigration consultant. His advice is completely incorrect. If you paid him a fee, tell him you want your money back. If he refuses, tell him you'll report him to IRCC. Anyone providing advice this wrong should not be working in this field.

Your husband will still be a PR even after his PR card expires. He will not be out of status. No one is going to deport him. All he has to do is remain in Canada for two years - and then apply to renew his PR card normally without H&C (because he will at that point meet the residency requirement). There are hundreds of people on this forum who have done this. It's perfectly normal and allowed.

This is the best path.

Applying now under H&C is not the best path.

The immigration consultant is a complete idiot.

hi scylla, no I didn't pay him anything.just last night he message me to do that way as soon as possible as they will deport my husband. I told him no!,my husband didn't do anything wrong against the law.

Thank you so much for the reassurance, really appreciate it and that's exactly what I need now. God bless!

 

[scylla]

hi scylla, no I didn't pay him anything.just last night he message me to do that way as soon as possible as they will deport my husband. I told him no!,my husband didn't do anything wrong against the law.

Thank you so much for the reassurance, really appreciate it and that's exactly what I need now. God bless!

This is so so wrong. I'm glad you haven't paid him anything.

Your husband hasn't done anything against the law. He is still a PR and is legally entitled to live and work in Canada. The expiry of his PR card has nothing to do with the validity of his PR status. He is still a permanent resident of Canada. There is zero chance anyone is going to deport him. Again, all he needs to do is wait until 2023 when he has 730 (or more) residency days and then apply to renew his PR card.

That consultant is either a colossal moron or an evil person who is just out to make money. Either way, block him and don't communicate with him further. If he continues to contact you, I would say the following: "I have obtained qualified legal advice and know the information you gave me was wrong and a lie. If you continue to contact me, I will report you to IRCC."

 

[aprlapr]

Yes will do that, thank you so much scylla! i was up all night finding answers. Now I'm OK.thank you!

 

[armoured]

Yes will do that, thank you so much scylla! i was up all night finding answers. Now I'm OK.thank you!

Seriously though - is this consultant in Canada ? If so, report him.

If not - yet another good lesson. Immigration consultants in Canada are at least subject to some régulation. Those abroad can say anything at all, even give advice that is 100 percent bad for their clients.

 

[aprlapr]

yes he is in canada. It feels disappointing and embarassing because we came from the same country they only care about how to earn money even if it will make their client in a bad situation they do not care at all!

I actually inquired about tax information only not the pr thing and then his asking too much money I said I can't afford and then the nxt day he message me about the pr card situation. My friend is so angry because I only inquired about tax and his making way to make more money.

 

[armoured]

yes he is in canada. It feels disappointing and embarassing because we came from the same country they only care about how to earn money even if it will make their client in a bad situation they do not care at all!

I actually inquired about tax information only not the pr thing and then his asking too much money I said I can't afford and then the nxt day he message me about the pr card situation. My friend is so angry because I only inquired about tax and his making way to make more money.

If he is a registered immigearion consultant, report him.

If he is not a registered migration consultant, report him.

 

[aprlapr]

If he is a registered immigearion consultant, report him.

If he is not a registered migration consultant, report him.

if he message me about it again I will. Really big thanks to you scylla and armoured. You both just saved us!