Confusion over H&C grounds

[Rob_TO]

1. Even if I am denied PRTD, I have the right to enter Canada within appeal period of 30 days through US land border in a private vehicle....Right??

If your PR TD is denied in home country and you decide to appeal, then while appeal is processing you should be able to enter Canada since you are still a PR until your appeal has been heard.

2. Do IAD takes into consideration the fact that even if they dismiss the appeal, I can come back again legally through spousal sponsorship. Do they act leniently in these types of cases??

No evidence to suggest they act more or less leniently in these cases. I have seen cases on record where the spouse or the person appealing meets the RO, yet the appeal was still denied and they were told to apply for PR again under family class.

Lots of factors can weigh in an appeal decision like ties to Canada, efforts to re-establish in Canada permanently, etc etc, but really the decision can go either way.

3. Will the negative decision at IAD affect my spousal sponsorship app later on??

No, it shouldn't have any effect.

 

[Anniey]

Thanks Rob.
Any useful web link you can provide me to know the process of filing an appeal, paper work, fees and other formalities.
What types of documents should I keep ready to expedite the formality in time?
Is it compulsory to file an appeal in the home country or my husband/ or Attorney, can also do the formality in Canada on my behalf?

I have only expired PR card, Sin card and CoPR, will there be any problem in applying for driving license and health card in Ontario? (in case I enter without getting reported)

 

[Anniey]

Please share your views.