I received my Canada Permanent Resident status in Dec. 2007 and did not leave here. I did not meet residency obligation. When I came to Canada in end April 2017, I was reported by the CBSA in the border. I appealed for a departure order in mid May 2017 since my family (husband and 2 adult children) live in Canada. My husband is more than 55 years old and he does not work. I work and support my family including one of my kids who studies in university. My other kid graduated from university in Canada, works with good income so she is independent. I was not very sure at that time but in early May, unexpectedly, I was offered a very good job with a reputable company in Ontario, so I decided to appeal the departure order. I went back overseas to pack up, and return in July 2017, started my job in early August 2017. I received a 1 year validity PR card in early July 2017 via urgent application submitted in May 2017. My current job requires me to travel overseas, mostly to the USA for auditing the company suppliers and setting up their capability. I need advise, if the trips made would bring me into troubles? Currently, I have that 1 year validity PR card so when I am in and out, it is not a problem in the airport, just I have to go through the immigration officers, who ask about when I went and for what purpose. I had resigned from my job overseas and cannot go back to the place where I worked before coming to Canada since I was there with working visa. I do not want to go back to my home country as I was heavily discriminated there due to my race and religion. Any suggestion on what is best to handle the situation now. I am happy here and do my work well. When I submitted my appeal in Toronto in person, I was informed by the officer that the hearing will be in 15-18 months after the submission. Do I need to have a lawyer. I do not have one now yet. What is the chance for me to be refused to keep my PR status? What is the best way to approach the appeal. Thank you.
Departure Order Appeal and PR Card Renewal
- Thread starter melrose37
- Start date
Generally speaking, if you are appealing, you want to be spending as much time as possible in Canada and avoid extensive travel outside of Canada. Extensive travel can make it look like you are treating the PR card as a convenience - rather than having an intent to truly reside in Canada.
He doesn't need Canadian citizenship to sponsor her if she loses her PR status. He can sponsor her as a permanent resident provided he meets the residency requirement (which it sounds like he does).
So basically your only reason for not meeting the RO and living outside Canada for 10 years, was for employment and that's it?? Since employment reasons are generally not considered valid H&C reasons, I would expect a high chance your appeal is denied and PR status eventually revoked. If this happens, your husband can sponsor you for PR again but in the meantime you'd need to stop working and may need to leave Canada. Of course all cases are unique so you never know what the appeals judge will decide in your case, all anyone here can do is guess.
If you are serious about trying to win your appeal, you should be using a lawyer.
My husband does not have citizenship yet but he does meet RO. He plans to apply for citizenship.
No, it was not because of employment originally, but was because of health condition of me then other family member. But then I thought I had lost the PR but when I entered through US border, one of the officers who had interviewed me said that I had chance to appeal. Also I found a job unexpectedly. The only thing, my job requires me to travel to our company suppliers’ sites.
Understand, but I only travel due to my jobs and one time when my father passed away, I left for one week. For work normally I am out 4-7 days and I never extend my stay overseas.
From what you describe, you have a very weak case to win an appeal on H&C grounds. You make it sound very much like your choice to stay outside of Canada was primarily for economic reasons.
I'd echo the people posting above saying that you should have a professional look at this and give you a good assessment of your case and chances of success.
I'd echo the people posting above saying that you should have a professional look at this and give you a good assessment of your case and chances of success.
I went to a lawyer and had been advised to cancel the appeal and just apply for spouse sponsorship. Is this a good advise. I can not work here though and I work now with a good permanent job.
If you withdraw the appeal you can renounce your PR status and ask to extend your status as a visitor. If you get all the documents together, you can apply inland with a work permit. That would allow you to work, but travel out of Canada would be risky. You spousal sponsorship should be complete in 12months.
No, he does not receive welfare. He went back to Canada 2 years ago and did not get reported. I went back with him at that time and did not get reported. But I had to return to the country where I worked to plan for exit and try to find job. My husband has property that he rents out and gets income from there. We live in the property he owns too. He never asks for welfare and does not plan for doing that. We have enough savings to live here and I have a good job that could cover our household expense here. Each of my kid also lives in their own properties and do not get any government support for education. They paid domestic students fee.