Email sent to CIC for permission on humanitarian ground

[TJ2010]

Dear Sir/Ma,
I am James Chukwuma , a permanent resident of Canada who landed for the first time in April 26, 2013 in Toronto. I stayed for 2 months(60 days) and returned back to continue with my plastic surgeryy residency training(Medical Doctor Specialist training). I have being in Nigeria since then without being able to visit Canada due to the requirements of the training. I thought my plastic surgery residency training would end in October, 2015 but I was informed by my program director that the end of my training has be shifted to June 30 due to the frequent strike actions and political unrest in the country in 2014 and 2015.

To give further information about me, I have been offered a clinical fellowship job/training in an hospital in Canada which is expected to start in July 1st, 2016 and I have also been given a PhD admission at the University of Toronto which is expected to start in September, 2016 which I am going to run concurrently with the clinical fellowship job/training.

I want to finish my training in Nigeria, which means I have to wait till June 30, 2016 so that I can come back to Nigeria and sit for my final exam in October 15, 2016. My PR card is still valid till June 26, 2018. I have 2 children and a wife whose PR dates and circumstance is like me. My wife and children also land with me in Canada in April 26, 2013 and returned to Nigeria with me after 60 days. We have being together in Nigeria since then and we have not visited Canada since then. We all plan to return after June 30, 2016 if you permit us.

The following are my requests on humanitarian ground:

1. I request that you should permit me to stay in Nigeria till June 30, 2016 despite the fact that my permanent resident obligation demands me to return back to Canada on the June 26, 2016 in order to finish up my clinical residency training in plastic surgery. For me to fulfil my obligation as a PR I need to stay till 26th June. But for me to be able to finish up my training I have to wait till after June 30. Please on humanitarian ground permit me to stay till after June 30 in order to finish up my training in Nigeria.

2. I also want to request that I should be granted sometimes(2 weeks) to return to Nigeria in October to write my final exam which I discuss above. I request on humanitarian ground that you should permit me to be able to return to Nigeria to stay for 2 week in order to be able to do my final exam.

I will be glad if my family and I are permitted as I have discussed above on humanitarian ground.
Thank you

James


This is the email I have sent to CIC. Pls advice me. I have changed my name and other few things to protect my identity. Thank you.

 

[canuck_in_uk]

It is not CIC but CBSA that you will be dealing with when you enter Canada and who will decide whether to report you for breaching the Residency Obligation. CIC cannot just grant special permission for people to breach the RO or to leave and return when they are in breach of the RO.

 

[TJ2010]

Pls do you have contact info of CBSA .

 

[canuck_in_uk]

Pls do you have contact info of CBSA .

Don't contact them. You will only be drawing attention to yourself. The best thing to do is just take risk when you enter Canada.

 

[dpenabill]

The plan is risky, particularly given the lack of established ties in Canada.

It is always difficult to predict the outcome of H&C cases, but generally the PR Residency Obligation is considered to be so flexible, if not outright lenient, that H&C relief from the PR RO is typically reserved only for exceptional situations. H&C determinations are not available in advance or even by way of advisory opinion.

Periodic visits would help.

Returning to Canada as soon as possible will help. Returning and firmly establishing yourself and family sooner rather than later will help.

But once you have been absent from Canada 1095 days since the date you landed, you will be in breach of the PR RO and at risk for losing PR status.

As noted, IRCC does not do advisory opinions for prospective H&C reasons.

Moreover, so long as you still have valid PR cards, so long as you return to Canada while those are valid, it will be the officials at the Port of Entry who might examine you regarding compliance with the PR RO, and that is CBSA.

Even if the H&C reasons are not persuasive at the Port of Entry, you will be allowed to enter Canada and then you appeal. Appeals appear to be taking at least two to three, if not four years these days. You continue to be a PR during the appeal. If you remain well-settled in Canada during that time, that could significantly improve your chances of being allowed to retain PR status for H&C reasons.

Ultimately, you and your family bear the risk of losing PR status if you delay returning to Canada. Only you can judge and balance the priorities you have, to make a personal judgment call for what is the best course of action to take FOR YOU, for you and your family.

 

[TJ2010]

Thank you. I am just going to violate it by 6 days.
Thank you.

 

[Bs65]

As a previous poster has implied humanitarian grounds would likely not apply given was your choice to return to Nigeria so could not really qualify on that basis. Humanitarian and compassionate reasons are generally for refugees or last remaining relative hardship or remaining unaccompanied children so not to resolve a choice to stay out of country. The residency obligations are clearly stated when PR is granted. All you can do is return the sooner the better and as still PR at least you should be able to enter the country.

 

[iammasum]

Dear Sir/Ma,
I am James Chukwuma , a permanent resident of Canada who landed for the first time in April 26, 2013 in Toronto. I stayed for 2 months(60 days) and returned back to continue with my plastic surgeryy residency training(Medical Doctor Specialist training). I have being in Nigeria since then without being able to visit Canada due to the requirements of the training. I thought my plastic surgery residency training would end in October, 2015 but I was informed by my program director that the end of my training has be shifted to June 30 due to the frequent strike actions and political unrest in the country in 2014 and 2015.

To give further information about me, I have been offered a clinical fellowship job/training in an hospital in Canada which is expected to start in July 1st, 2016 and I have also been given a PhD admission at the University of Toronto which is expected to start in September, 2016 which I am going to run concurrently with the clinical fellowship job/training.

I want to finish my training in Nigeria, which means I have to wait till June 30, 2016 so that I can come back to Nigeria and sit for my final exam in October 15, 2016. My PR card is still valid till June 26, 2018. I have 2 children and a wife whose PR dates and circumstance is like me. My wife and children also land with me in Canada in April 26, 2013 and returned to Nigeria with me after 60 days. We have being together in Nigeria since then and we have not visited Canada since then. We all plan to return after June 30, 2016 if you permit us.

The following are my requests on humanitarian ground:

1. I request that you should permit me to stay in Nigeria till June 30, 2016 despite the fact that my permanent resident obligation demands me to return back to Canada on the June 26, 2016 in order to finish up my clinical residency training in plastic surgery. For me to fulfil my obligation as a PR I need to stay till 26th June. But for me to be able to finish up my training I have to wait till after June 30. Please on humanitarian ground permit me to stay till after June 30 in order to finish up my training in Nigeria.

2. I also want to request that I should be granted sometimes(2 weeks) to return to Nigeria in October to write my final exam which I discuss above. I request on humanitarian ground that you should permit me to be able to return to Nigeria to stay for 2 week in order to be able to do my final exam.

I will be glad if my family and I are permitted as I have discussed above on humanitarian ground.
Thank you

James


This is the email I have sent to CIC. Pls advice me. I have changed my name and other few things to protect my identity. Thank you.

Hello James,

I am in a same situation like you. Please give me the email address of CIC. I also want to send them email about my situation.

 

[canuck_in_uk]

Hello James,

I am in a same situation like you. Please give me the email address of CIC. I also want to send them email about my situation.

Don't email. Seriously, don't draw any extra attention to yourself. CIC cannot grant you permission ahead of time to violate the RO.

Unless you have serious H&C reasons for not meeting the RO, your best chance is to enter and hope to not be reported.

 

[iammasum]

Don't email. Seriously, don't draw any extra attention to yourself. CIC cannot grant you permission ahead of time to violate the RO.

Unless you have serious H&C reasons for not meeting the RO, your best chance is to enter and hope to not be reported.

Then can you please suggest me what to do??

I am Mohammad Masum Billah.I am from Bangladesh. I already have visited Canada (April 22, 2016 - May 8, 2016). Now, I am in Japan. My wife and me is doing our PhD in Japan. My wife is Japanese government scholarship and I am privately financed. Our PhD will end on 2019. So, now I am afraid about the PR residency obligation. I think that as I have entered on April, 2016 my PR card will expire on April, 2021. So, if we enter canada on 2019 ( may be December) we will not be able to maintain the 730 days. So, how can we renew our PR? What will happen to our PR as we don't meet the requirements?? Please give me some suggestion.

 

[canuck_in_uk]

Then can you please suggest me what to do??

Stay out of Canada and risk losing your PR status or return to Canada prior to April 2019 and know for sure that you will keep your status.

As I said, there is nothing you can do ahead of time to ensure you will keep your PR status of you decide to violate the RO.

 

[TJ2010]

Thank you Friends

I came back to Canada after staying for 1092 days outside Canada
I came back yesterday without any problems

But my problems is not over
I need to return back in October to right the final exam of the training I have just concluded.
I only need 1 week out of Canada
Can I go without problems
I really have to go
What do you suggest I should do
Please advise me

 

[TJ2010]

Thank you Friends

I came back to Canada after staying for 1092 days outside Canada
I came back yesterday without any problems

But my problems is not over
I need to return back in October to right the final exam of the training I have just concluded.
I only need 1 week out of Canada
Can I go without problems
I really have to go
I am well settled in Canada with a Job and family of 4. I file tax regularly.
What do you suggest I should do
Please advise me

 

[princessofdiamonds]

Thank you Friends

I came back to Canada after staying for 1092 days outside Canada
I came back yesterday without any problems

But my problems is not over
I need to return back in October to right the final exam of the training I have just concluded.
I only need 1 week out of Canada
Can I go without problems
I really have to go
What do you suggest I should do
Please advise me

Hey - here you quoted that you got back into the country without any problems. Can you please share how you did this? Land border? Airport?

Thanks

 

[TJ2010]

I still have about 3 days. I have not breached RO. I have done 1093 out of 1095(3yrs).

When I came they only asked how many days I have stayed out of Canada. And I said less than 3 yrs
The CBSA woman just asked me if I have come finally and I said yes.