Attend IAD spousal sponsor-ship hearing while my PR card is expired

[peerobeer]

I have a sponsorship appeal case in IAD in November,fully prepared but the problem is that my PR card has expired and on the day of hearing I will be still short of 25 days to complete 730 within last 5 years.
Can I still attend and execute the hearing or will I be violating any law and find myself in trouble because CBSA ,Ministers counsel and IAD will be at hearing?
If I am not violating any law , can CBSA entangled me in a situation that u can't sponsor as u have not met the residency criteria and issue me a removal order or in some confusion by CBSA.

What should I do ?? Huh

Please expert advice required

 

[Rob_TO]

I have a sponsorship appeal case in IAD in November,fully prepared but the problem is that my PR card has expired and on the day of hearing I will be still short of 25 days to complete 730 within last 5 years.
Can I still attend and execute the hearing or will I be violating any law and find myself in trouble because CBSA ,Ministers counsel and IAD will be at hearing?
If I am not violating any law , can CBSA entangled me in a situation that u can't sponsor as u have not met the residency criteria and issue me a removal order or in some confusion by CBSA.

What should I do ?? Huh

Please expert advice required

If you don't meet the RO, I don't think you qualify to sponsor anyone. So as soon as CIC learns you don't meet the RO, they may cancel your sponsorship outright and then start process to revoke your own PR status.

 

[scylla]

If you don't meet the RO, I don't think you qualify to sponsor anyone. So as soon as CIC learns you don't meet the RO, they may cancel your sponsorship outright and then start process to revoke your own PR status.

Yeah - I tend to agree.

You're on dangerous ground and are risking your own PR status by moving forward with the appeal.

I would drop the appeal ASAP and only apply to sponsor your spouse again once you meet RO.

 

[dpenabill]

I responded to your similar query in another topic:

I am no expert.

. . .

. . . I can offer this: see a lawyer. Not a consultant, a licensed immigration lawyer. At the least for a consultation.

You are not violating any law. But you are in breach of the PR Residency Obligation. . . . The problem, however, is that you are at risk for losing PR status (due to inadmissibility on the grounds of failing to comply with the PR RO). So, however high or low the risk is that IRCC will take action to terminate your PR status, what is at stake is your PR status.

And of course, your eligibility to sponsor a family class PR visa applicant is also at stake, since inadmissibility will make you ineligible to sponsor.

I largely agree with other observations already posted above, except I would still suggest you see a lawyer. Obviously, there are many, many facts and circumstances which are important in your situation, way too many to reveal in a forum such as this.

Depending on what the issues are in the appeal, withdrawing the appeal could result in effectively being precluded from sponsoring the same spouse again pursuant to the legal principle called res judicata, which can apply to a spousal sponsorship application and, indeed, this principle has been often applied in the context of precluding a second spousal sponsorship application. ("Res judicata" means the thing is decided, and once decided generally a person cannot make a subsequent application for the same thing; this is not a simple principle however, but rather depends on the particular issues being decided, so it would be far better to have a lawyer review all the relevant facts, circumstances, and issues involved in the appeal.)

 

[peerobeer]

Thanks for the replies and as per my analysis I find it safe to not take risk even I guess am in a situation which is rare for lawyers that have experienced it earlier it will be challenge to trust on lawyer and proceed with the hearing (overall I am confused in the lawyer situation).

But now If I withdraw I have to formally inform IAD c.c Ministers counsel for withdrawal with a valid justification for the cancellation.

Need advice what reason should I mention the letter for withdrawal keeping in view it would be highly risky to mention the actual reason.

Need suggestions.