can we apply humanitarian and compassionate ground on this case?PLEASE HELP
- Thread starter Locked Out
- Start date
Locked Out said:
If you manage to enter Canada without being reported and apply for a PR card right away without meeting the RO, H&C grounds may be considered. However, such a renewal application will be non-routine and likely to take a very long time.
If you really feel that you can not leave your family, then stay. Once the situation is better, you can apply for a travel document with your reasons and hope they will be accepted. However, if they are not accepted, you will lose your PR.
There is really no quick way to go to Canada now and renew your PR card fast in order for you to get a free pass for another 5 years. Even if there was a way to renew your PR card fast based on H&C grounds, that would still not excuse your continuing absences so you would still risk getting reported if you don't meet the RO with a new PR card.
Hi again,
I entered Canada few days before my PR expiration date, based on not meeting the Residency Obligation, the Border Immigration officer issued a report under subsection 44(1) and a 30 days departure order, and gave me a (notice of appeal-Removal Order Appeal) form in case i want to appeal.
I filled the notice of appeal-Removal Order Appeal up and submit it to IRD ( Immigration Appeal Division ).
my questions are:
- am i staying legally in Canada or not (that my PR is expired now) ?
- do i have the right to work or i need to apply for work permit to be eligible to work in Canada?
- do I have to apply for a PR Renewal or wait for the immigration Court?
- what is exactly my immigration status while waiting for my case hearing?
Thanks in advance
I entered Canada few days before my PR expiration date, based on not meeting the Residency Obligation, the Border Immigration officer issued a report under subsection 44(1) and a 30 days departure order, and gave me a (notice of appeal-Removal Order Appeal) form in case i want to appeal.
I filled the notice of appeal-Removal Order Appeal up and submit it to IRD ( Immigration Appeal Division ).
my questions are:
- am i staying legally in Canada or not (that my PR is expired now) ?
- do i have the right to work or i need to apply for work permit to be eligible to work in Canada?
- do I have to apply for a PR Renewal or wait for the immigration Court?
- what is exactly my immigration status while waiting for my case hearing?
Thanks in advance
- No.Locked Out said:
- yes, you can work.
- Wait. If you do apply for a renewal, you will only get a single year card.
- Permanent Resident, albeit under report.
Dear Zardox
are you saying that i m not staying legally, am i illegal now? does this mean that the 30-Days departure order will be replaced by a Deportation order? how come i can work although i am Illegal?!!!
do i have to apply for work permit or not?
Thanks
zardoz said:
are you saying that i m not staying legally, am i illegal now? does this mean that the 30-Days departure order will be replaced by a Deportation order? how come i can work although i am Illegal?!!!
do i have to apply for work permit or not?
Thanks
Locked Out said:
Assuming you properly filed the paperwork to make the appeal, the Removal Order is not enforceable. Thus you continue to have PR status, at least until there is a final decision on your appeal. If you lose the appeal, the Removal Order will become enforceable and your PR status is revoked.
Thus:
Q. - am i staying legally in Canada or not (that my PR is expired now) ?
A. You can stay legally so long as the appeal is pending, since you remain a PR and the Removal Order is not enforceable while the appeal is pending.
Q. - do i have the right to work or i need to apply for work permit to be eligible to work in Canada?
A. Again, you are a PR in the meantime. Thus you have the right to work in Canada in the meantime.
Q. - do I have to apply for a PR Renewal or wait for the immigration Court?
A. As zardoz indicated, you can apply for a one-year PR card, which would allow you to travel outside Canada and return.
Q. - what is exactly my immigration status while waiting for my case hearing?
A. Permanent Resident . . . but allegedly inadmissible (due to breach of PR Residency Obligation) with a removal proceeding pending.
Note: PR status is not dependent on having or being issued a PR card. A PR card is more like a passport than a drivers license. Citizenship does not expire because the passport expires. Neither does PR status. But in the meantime you breached the PR Residency Obligation, so you are subject to proceedings to determine if you are inadmissible. If the IAD upholds the Removal Order, the Removal Order becomes enforceable, you lose PR status, and are then legally compelled to leave Canada (unless you are eligible for and obtain some other status allowing you to remain in Canada).
Probably best to see an immigration attorney and see if you can put together a good H&C case.
dpenabill said:
I only filed up the Notice of Appeal- Removal Order Appeal form (IRB / CISR 666B (2013.04)), i did it myself, i thought there is no need to a lawyer in this phase.
did i made a mistake ? did i have to attach other documents to it ( like describing the reasons that prevented me from meeting the RO requirments ..... )
Please advice
Can you share your experience plz.
which airport you landed?
how Immigration officer questioned you?
why you didnt use the automated immigration doors?
which airport you landed?
how Immigration officer questioned you?
why you didnt use the automated immigration doors?
Mr Leon I already explained the situation my friend is in right now but please I need your opinion also. My friend's PR will expire in a 7 months period and she did not meet the RO because she was taking care of her mum ( a unique child) but now her mother passed away and she would like to regain her canadian dream 'leave to Canada ASAP and stay there for good.But the problem is that she applied for the renewal of her card from her own country, thinking that she is gaining time. What are her chances in all this? Thank youLeon said:
Locked Out said:
Dear Zardoz, Leeon and other guys I need your advice in this point:
did i made a mistake by not submitting the reasons that prevented me from meeting the RO requirments along with the form IRB / CISR 666B (2013.04)????
Thanks all.
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