+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Recent content by dpenabill

  1. D

    Refugee status cessation and PRs applying for citizenship

    . The analysis of the "intent" to reavail element by Justice Go, in Ahmad v. Canada, 2026 FC 227, https://canlii.ca/t/kj954 is not only what determined the outcome in this particular case, but that is probably the key fulcrum in many of these cessation cases . . . and I am jealous of her...
  2. D

    Minor 5(2) application submitted while outside Canada

    Actually, in regards to PR status being "terminated" or otherwise not in effect or not valid, I glossed over the technical mechanics, how the change in law will be implemented in particular cases . . . which are not clear. A PR "loses" PR status "when they become a Canadian citizen" (Section...
  3. D

    Risk of Being Reported for Residency Obligation Shortfall When Moving Permanently in 2027

    Follow-up to comments by @Buletruck and @canuck78 which warrant being taken seriously . . . . . . there tends to be a significant delay in reports reflecting RO enforcement trends. Assessing RO enforcement risks is not just rife with uncertainty it is, well, risky. Changes in the risks can...
  4. D

    Minor 5(2) application submitted while outside Canada

    As has been discussed albeit mired in speculative tangents, given the December 2025 change in law your child is a Canadian citizen by descent (Section 3(1)(b) Citizenship Act). Moreover, they are "deemed" to be a citizen "from the time" they were born. To be clear, the exception to Section...
  5. D

    Question about 5 Year Eligibility Period (Out of status before PR)

    Answer questions honestly, thus as completely and accurately as you can based on your best understanding of the question and the facts. Since you had student status in 2021, until December you say, you MUST report that (assuming you make your application in the coming months). I am not...
  6. D

    Parents PR renewal - Question on dates

    It is OK to apply when the PR is in compliance with the PR Residency Obligation. (If the PR is in Canada and the PR card is expiring soon . . . applying less than six months before the card expires is fine.) The PR card application will do the calculation, whether done online or using the pdf...
  7. D

    Refugee status cessation and PRs applying for citizenship

    Congratulations. Your report is appreciated. Good to see that even if the government is pursuing cessation, things can still work out for the better . . . even if it takes a big effort, a lot of time, some serious patience and disciplined dedication. No where near enough details in regards to...
  8. D

    Lost PR card and beiing asked humanitarian and compassionate considerations for residency requirement

    . Importantly, for @viveksharmaz, it is NOT for sure that "no 44(1) report has been issued yet" . . . this request could be attendant the review of a 44(1) Report by a Minister's Delegate. Even though this could a request giving the OP an opportunity to provide additional information rather...
  9. D

    PR Residency Obligation – Latest Safe Time to Re-Enter Canada

    Please avoid the confusion of carrying on conversations about the same topic in multiple threads. No big deal for regular participants (notwithstanding their complaints about it), who are accustomed to dealing with this, but for those who pose queries and others who are reading in search of...
  10. D

    Lost PR card and beiing asked humanitarian and compassionate considerations for residency requirement

    For @viveksharmaz . . . my previous post overlooked the difference it might make if you did not include any H&C information with the PR card application, if you were thinking that was not necessary since you were just asking to replace a lost card. That is, if you did not answer item 5.7 in the...
  11. D

    Lost PR card and beiing asked humanitarian and compassionate considerations for residency requirement

    . Foremost: This is not a venue for obtaining "expert advice." For expert advice see a lawyer, a reputable and experienced immigration lawyer. That could be expensive. A thorough consultation might suffice but even that is likely to cost many hundreds of dollars. Free consultations are worth...
  12. D

    Removal order appeal denied

    This is mostly about procedural clarifications: Other than what might be available pursuant to sponsoring a parent for PR (which I know very little about, even whether that is practically available now, generally or for the OP in particular), the OP and their mother need to look to competent...
  13. D

    Removal order appeal denied

    . Yeah, it is what it is and that's not good. The fact "she had no clue she had to stay 2 years within a 5 year frame" almost certainly carries very, very little weight in her favour. Sorry, very sorry, but . . . this is a situation in which your mother will likely be deported, sooner or...
  14. D

    Writing The Writ of Mandamus by ChatGPT and Representing Ourselves

    There have been NO reliable reports of anyone successfully pursuing mandamus without a lawyer and relying on AI tools, any AI tools, in ANY province. In other contexts there are numerous authoritative reports of various individuals using AI tools to generate and compose pleadings and such...
  15. D

    A few months short of Residency Obligation in first 5 years. YVR or YYC less likely Sec 44?

    . Reminder: the only for sure way to avoid inadmissibility proceedings is to not be inadmissible. In regards to the Residency Obligation this means either: -- being in compliance with the RO, or -- for a PR who is not in compliance but who has returned to Canada without being subject to...