can we apply humanitarian and compassionate ground on this case?PLEASE HELP

[Locked Out]

I landed in December 2009 and went back to my country Syria in January 2010 to get married and finish some business affairs. unfortunately the situation worsened quickly in my country Syria and slid into war and i have found myself unable to leave to Canada since then.
My PR CARD will be expired in January 2015 ,i am not sure that i can make it to Canada before the expiration date due to the undergoing war and to many very complicated situations over here (i am responsible of two family members living with me in Syria ...etc).
now i am wondering if i will lost my PR status anyway on January 2015 due to residency obligation or i still have the option to apply for PR card renewal based on humanitarian and compassionate ground? do you think that i will face a problem in Canada port of entry due to residency obligation if i make it to enter Canada before my PR expiration date ?
Please advice and thanks in advance.

 

[Locked Out]

Re: can we apply humanitarian and compassionate ground on this case ?

Dear Zardoz, Leeon and other guys I seriously need your advice in this case.

 

[zardoz]

Dear Zardoz, Leeon and other guys I seriously need your advice in this case.

Replied to PM

 

[Leon]

If you make it to Canada before the expiry of your PR card and immigration asks you at port of entry if you have been outside for more than 3 years and why, you tell them that you were locked in because of the war. If they still decide to report you for not meeting the RO, you can appeal. You will be allowed to stay in Canada during the appeal processing and you remain a PR and can work etc. while they process your appeal. If you try to sponsor your spouse during the time you are under appeal, they will likely put your application on ice until your appeal has been processed which can take 1-2 years.

If they decide not to report you, you can put your PR status back in good standing by staying in Canada for 730 days straight. You could then renew your PR card normally, no appeal needed. If you do this, you could however not sponsor your spouse for the 2 years because doing that will attract immigration attention to the fact that you do not meet the RO and hence you would end up in a similar situation as if you had been reported in the first place.

If you do not make it before the expiry of your PR card but at a later time, you find that you are able to leave, you should apply for a PR travel document at a Canadian embassy that services your area. The Canadian embassy will then make the decision of you keeping your PR or not. If you get a travel document, they have accepted your reasons and you can return to Canada and keep your PR and sponsor your spouse. If they refuse, you have 60 days to appeal.

 

[Locked Out]

what if i make it to Canada before the expiry date and they do not report me for not meeting the RO , and let us say that i stayed for a few months and then,for compulsory reasons,i found myself forced to get back to my homeland for a few weeks, what my status would be when i try to enter Canada again after the expiry date or shortly before it?
Please advice.

 

[Leon]

what if i make it to Canada before the expiry date and they do not report me for not meeting the RO , and let us say that i stayed for a few months and then,for compulsory reasons,i found myself forced to get back to my homeland for a few weeks, what my status would be when i try to enter Canada again after the expiry date or shortly before it?
Please advice.

Each time you enter Canada without meeting the RO, you take a risk that you may be reported as you enter again.

If you do get reported, immigration may take into account for your appeal that you have settled in Canada during your appeal processing vs. going back and forth a lot or having returned to your home country.

If you are unable to return to Canada before your PR card expiry and are granted a travel document, that excuses you for not having met the RO for the past 5 years but not the future so you must still be careful to stay in Canada and meet your RO after your return. Even if you return to Canada and get a new PR card, if you leave again and you are outside Canada and you lose your new card so you are again in the situation that you are outside Canada and must apply for a travel document, immigration may not be so forgiving.

 

[newtone]

and let us say that i stayed for a few months and then,for compulsory reasons,i found myself forced to get back to my homeland for a few weeks, w

I think this would mean abusing the humanitarian option. Neither you nor anyone can force you out of this country if you are here legally.

 

[Locked Out]

Dear Newtone, I meant by "compulsory reasons" something may happen to one of my family members in my homeland (witch is in war) forces me to get back.

 

[Locked Out]

If i make my way to Canada immediately, will i be eligible to apply for citizenship after staying there for 4 years straight , or i have to stay 4 years after putting my PR status back in good standing by staying in Canada for 730 days straight ???
Please advice.

 

[scylla]

If i make my way to Canada immediately, will i be eligible to apply for citizenship after staying there for 4 years straight , or i have to stay 4 years after putting my PR status back in good standing by staying in Canada for 730 days straight ???
Please advice.

You will be eligible to apply after staying in Canada for 4 years straight without leaving for even one day (this assumes the new citizenship rules are going to be passed before you are ready to apply). You can start counting the days as soon as you return to Canada.

 

[Msafiri]

I landed in December 2009 and went back to my country Syria in January 2010 to get married and finish some business affairs. unfortunately the situation worsened quickly in my country Syria and slid into war and i have found myself unable to leave to Canada since then.
My PR CARD will be expired in January 2015 ,i am not sure that i can make it to Canada before the expiration date due to the undergoing war and to many very complicated situations over here (i am responsible of two family members living with me in Syria ...etc).
now i am wondering if i will lost my PR status anyway on January 2015 due to residency obligation or i still have the option to apply for PR card renewal based on humanitarian and compassionate ground? do you think that i will face a problem in Canada port of entry due to residency obligation if i make it to enter Canada before my PR expiration date ?
Please advice and thanks in advance.

1. Why as the courts would ask did you hang around in a danger zone - you would normally be expected to seek sanctuary and safety in Canada?

2. What relation are the 'family members' to you and why did you have to stay behind and look after them?

3. When did this 'looking after them' commence - its an easier sell if it was prior to the war but on the other hand it indicates a potentially never ending situation and CIC can't wait till your life is perfect for you to meet the RO.

4. I think the war may just get you a pass but your odds have got worse as time progresses...that you are even thinking of a return is in my opinion just indicative of how bad your miscalculation is with this.

Expect CIC to dig into your situation there including your employment and if this has any influence on you staying there. Have you left Syria to any other country in the relevant RO period? If yes then even more evidence to CIC of your pick and mix approach. I think your situation is outside the realm of the forum. You need a consultation with an experienced lawyer as it requires you to divulge extensive personal details...you will get little value from anyone here I think unless you want to reveal much more which in a public forum is a very bad idea.

 

[Locked Out]

Re: can we apply humanitarian and compassionate ground on this case?HELP URGENT

Dear All

my PR will be expired in few days and i am still stuck in my country Syria to support my family during this war that spread over the whole country.
do you think that i still have any option other than watching my PR getting expired day after day?!!
do they accept my application for PR Renewal if i manage to move to Canada and stay there for few weeks until the application get processed?
do i need to stay 730 days before applying for PR Renwal?
i can no left my parent behind in this circumstances and stay for long time in Canada.

Please advice urgently

thanks

 

[scylla]

Once you return, you need to stay in Canada for 730 days before you can apply to renew your PR card.

 

[Locked Out]

Once you return, you need to stay in Canada for 730 days before you can apply to renew your PR card.

So there is no way to get my PR Renewed before 730 days !! at the same time i can not leave my parent behind in this war in Syria !
do not you think that they may process my application for renewal based on H&C ground?

 

[Locked Out]

are the H&C factors considered when renewing PR or they are only considered when requesting Travel Document ???
Please advice