Due for a PR hearing and don't want to fried in the hearing,

[Memo1967]

Dear All
We as a family landed in 2009. My husband bought us a house but he never settled in Canada because of work reasons and because he is the soul care taker of his parents back home. Hence he never satisfied the residency requirement . In may 2013 he got a removal order upon arrival to Montreal and he appealed the decision and ever since we have been paying an arm and a leg to the lawyer every time for 2 renewal of his 1 year pr card. My kids and I are already Canadians . Just now my husband got a letter to appear for PR hearing and his lawyer is assuring us that everything would be all right. However, I have a stinking feeling that he only wants more money . My husband has been the only provider in the house, be it for my kids universities , our lavish life in Canada and owning two houses which are both written in my name for fear of he would one day loose the appeal . He simply never satisfied the pr days requirments and was being stopped at the boarders for hours of interogations everytime he land in Canada
The question is can we inform the lawyer at this stage, as the hearing in early January 2017, to drop the appeal?
Would he be able to get a visa for Canada every time to come visit us?
Can he send his expired card by mail to cic office from back home?
Will he be able to come to after having the removal order and surrendering his pr card and not showing for his appeal hearing, using a visa?
Lots of questions and the lawyer is totally useless .
I would really appreciate if any of you would shed any light on these issues
Regards

 

[Buletruck]

Bare with me as I run through this (and I am by no means experienced in this) and look at possible outcomes. I am assuming, after looking at some of your previous posts, that you and your kids now hold Canadian Citizenship (feel free to correct me).

So, you have an appeal hearing in January, which may or may not go favourably and the lawyer is making a tidy sum off your problems and you are fed up. what I have seen from the forums here this could go any direction. I have seen commentary here and viewed on CANLII cases similar to yours where the appeal board simply allows the appellant to maintain his PR, despite not meeting RO, simply because if they revoke it the spouse can simply apply for his PR again. I have also seen it go the other way too as the appellant has not had significant contact with the family, so it made no difference if he had a PR or not.

I am unsure, but I doubt they would refuse if your husband offered to renounce his PR at the hearing (if you decide that is what you want to do). If you cancel the hearing, the result would be the same, as would not showing up. The PR would be revoked. In my mind, offering to renounce your PR would be seen in a more favourable light than having it revoked, both for future TRV applications and crossing the boarder. I have no idea if renouncing carries any weight with IRCC (CIC) in future applications, but I suspect it would at least show there is no intention to overstay (you had a PR that could get you in the country at one time, but chose not to stay). Obviously, with a TRV, he would have to abide by the usual conditions, which could make it difficult to prove ties outside of the country with his family being citizens of Canada. The result could be a refusal of a TRV due to family ties which complicates the issue further for you.

Don't know if this helps or just confuses the matter for you, but hopefully it will start a conversation with some of the more knowledgeable posters to dispute my theories.

He should be able to renounce it at the boarder on arrival to Canada and still gain entry for 6 months. After that, he would need a TRV (if he is not from a visa exempt county)

My thoughts are, despite probably having paid significant money to the local bloodsucker (lawyer), the amount to carry it through to the appeal is probably minor. I would at least proceed with the appeal hearing. What you do there is up to you. Not having experience in this, I don't know if a lawyer is required at the hearing, or if you can tell him to hit the road at this point and represent yourselves. If your husband plans to settle in Canada at some point in time in the near future, I would probably fight to maintain it. If it's 10+ years away, it may be better to let it go now and apply at a later date.

 

[Rob_TO]

If your husband plans to settle in Canada at some point in time in the near future, I would probably fight to maintain it. If it's 10+ years away, it may be better to let it go now and apply at a later date.

This is the key issue. Does he even intend to settle in Canada permanently if appeal is won and PR status is retained? Or does he expect to continue living/working outside Canada and will just be in the exact same situation in the near future?

I believe the IAD also looks at what the PR has been doing during the wait for appeal hearing. If they have since settled in Canada permanently during the wait time, it may help to convince them to grant the appeal.

 

[Memo1967]

Hello
My kids and I have recently became a very proud happy Canadians
I am inquiring here solely for my husband's PR , the thing is that I read so many posts that in the hearing, the officer does not consider humanitarian reasons for the absence from Canada, nor would he consider an employment outside Canada as a necessity.
My husband has been able to enter Canada with the appeal papers and his yearly pr card. He has the full intention of residing with us, once god forbid his parents are gone.

 

[Rob_TO]

Hello
My kids and I have recently became a very proud happy Canadians
I am inquiring here solely for my husband's PR , the thing is that I read so many posts that in the hearing, the officer does not consider humanitarian reasons for the absence from Canada, nor would he consider an employment outside Canada as a necessity.
My husband has been able to enter Canada with the appeal papers and his yearly pr card. He has the full intention of residing with us, once god forbid his parents are gone.

You are right that typically employment, simply wanting to take care of parents, or having family in Canada, are all not considered H&C reasons for not meeting RO. And considering the fact that he really has no intention on moving to Canada permanently while his parents are alive, I can't see much chance of the appeal being approved.

In hindsight it really would have been better to not appeal and just accept his PR status being revoked back when he was reported, he could have come as a visitor in the meantime, and then you could sponsor him for PR when he is ready to return permanently.

As mentioned though, you may as well see the appeal through since you've come this far. You never know with CIC/IAD, they may accept one of the H&C reasons. Of course even if appeal accepted it sounds like you will all just be in the same situation in 3 years time.

 

[vivek901]

Why dont you just re- sponsor him?