Complex Case That Needs Your Support

[cfabian]

Hello all forum members, I have the following case and like to know your opinion:

My wife and I have the PR status, but live outside Canada. My wife got pregnant and had a difficult pregnancy that made her be closely monitored by her doctor back home, due the risks involved. Thus we decided not to return to Canada until we had finished our “reproduction” stage. Now we have 2 healthy children, and plan to go back to Canada, but our PR expires in 6 months, we do not meet the 3 yrs residency requirement, and our children do not have PR status.

The questions would be as follow:

1. Can this case be filled under Humanitarian and Compassionate (H&C) Grounds to renew our PR cards?
2. If so, can we include our children in the H&C application in order to get their PR status?
3. Or have to renew our PR first and then sponsor them?
4. Or is better to wait and lose or revoke our PR, and then reapply as a whole family? Or what are your suggestions or the way to go?

My wife has also worked as freelance representing some canadian board schools in our home country. Can this count for working for a canadian company if issued some confirmation letters by these schools?

Thanks in advance and sorry for so many questions. Cheers.

 

[PMM]

Hi

quote author=cfabian link=topic=52780.msg416796#msg416796 date=1283985894]
Hello all forum members, I have the following case and like to know your opinion:

My wife and I have the PR status, but live outside Canada. My wife got pregnant and had a difficult pregnancy that made her be closely monitored by her doctor back home, due the risks involved. Thus we decided not to return to Canada until we had finished our “reproduction” stage. Now we have 2 healthy children, and plan to go back to Canada, but our PR expires in 6 months, we do not meet the 3 yrs residency requirement, and our children do not have PR status.

The questions would be as follow:

1. Can this case be filled under Humanitarian and Compassionate (H&C) Grounds to renew our PR cards?
2. If so, can we include our children in the H&C application in order to get their PR status?
3. Or have to renew our PR first and then sponsor them?
4. Or is better to wait and lose or revoke our PR, and then reapply as a whole family? Or what are your suggestions or the way to go?

My wife has also worked as freelance representing some canadian board schools in our home country. Can this count for working for a canadian company if issued some confirmation letters by these schools?

Thanks in advance and sorry for so many questions. Cheers.
[/quote]

1. With children born outside Canada, no ties to Canada, it is unlikely that an appeal on H.& C. would fly.
2. No, as you would be appealing your loss of PR status, the children have no status.
3. See 2.
4. You would have to re-qualify under todays rules.

 

[Alabaman]

You should contact an immigration lawyer.

 

[cfabian]

Thanks for your support guys.

Considering I have to do everything from scratch, first I would need to revoke my current PR status, correct?

How long it takes to revoke the status? Do we need a written confirmation?

Being that scenario, if reapplying, can we start the process right away, or have to wait specific time?

When reapplying does it affect (positive or negative) if you had the PR before? Does it take the same amount of time as regular processing times, or have better odds and response time due your previous PR status?

Thanks

 

[PMM]

Hi

Thanks for your support guys.

Considering I have to do everything from scratch, first I would need to revoke my current PR status, correct?

How long it takes to revoke the status? Do we need a written confirmation?

Being that scenario, if reapplying, can we start the process right away, or have to wait specific time?

When reapplying does it affect (positive or negative) if you had the PR before? Does it take the same amount of time as regular processing times, or have better odds and response time due your previous PR status?

Thanks

1. You have to either voluntarily relinquish your PR status (I know that you haven't met your residency requirement) at the CIC/CHC office responsible for your country of residence by completing an IMM 5539B (not available on line) or apply for a TD and the VO would then determine that your PR residency was lost.
2. You can apply again, but you have to qualify by the rules for skilled work that are now in place, i.e. that you have experience in a occupation on the list of "29" http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp#list
3. Slightly negative as the VO is going to question your motivation for living in Canada as you previously had PR status.

 

[cfabian]

Hi

1. You have to either voluntarily relinquish your PR status (I know that you haven't met your residency requirement) at the CIC/CHC office responsible for your country of residence by completing an IMM 5539B (not available on line) or apply for a TD and the VO would then determine that your PR residency was lost.
2. You can apply again, but you have to qualify by the rules for skilled work that are now in place, i.e. that you have experience in a occupation on the list of "29"
3. Slightly negative as the VO is going to question your motivation for living in Canada as you previously had PR status.

Thanks PMM,
In the case of reapplying, can we extend a letter informing CIC the situations that prevented us from residing in Canada (it was medical reasons for the risks of my wife's pregnancy, that needed to be closely monitored by her doctor) ? Would they they it into account?

Or do the circumstances, is there another avenue/option that can consider our situation to renew our PR?

Thanks

 

[Leon]

The risks of the wife's pregnancy may keep you out of Canada for 9 months, not for 3 years. You said: "Thus we decided not to return to Canada until we had finished our “reproduction” stage." and I do not think they would take that delay into account because there are also doctors in Canada.

 

[L7]

The risks of the wife's pregnancy may keep you out of Canada for 9 months, not for 3 years. You said: "Thus we decided not to return to Canada until we had finished our “reproduction” stage." and I do not think they would take that delay into account because there are also doctors in Canada.

if the baby birth was because of Cesarean operation / surgery (LSCS) then couple of months after the birth can also be exempted.

 

[cfabian]

The risks of the wife's pregnancy may keep you out of Canada for 9 months, not for 3 years. You said: "Thus we decided not to return to Canada until we had finished our “reproduction” stage." and I do not think they would take that delay into account because there are also doctors in Canada.

Thank you Leon. I get your point about doctors in Canada, but in reality is not as simple as that, as she needed to have different diagnostics/evaluations every 15 days, and as it is a complex situation, she felt way better staying close to the family, and being treated by her old times doctor.

After the birth, the doctor was clear about the risks and cares if a 2nd pregnancy was in place. That's the reason we decided to stay back home.

 

[cfabian]

if the baby birth was because of Cesarean operation / surgery (LSCS) then couple of months after the birth can also be exempted.

Yes, the 2 babies were born under cesarean surgery.