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H&C grounds and RO

Desperate202

Full Member
Jan 10, 2019
28
0
Hello to all valued members of this forum. Never thought I’d be in this situation but here we go:

I’ve landed in Canada in 2015 and spent around a month or so. Went back again in 2016 to do an exam for my engineering license and settle but then left in September 2016 because my partner ,at the time, in Australia wasn’t ready to move just yet and needed an extra 6 months or so to move (she’s not Canadian). Upon my return, I had a temporary job offer until she’s ready for the move. During these 6 months, and actually shortly after I returned, I started having health issues. My hormone levels were playing up and then shortly after I suffered a really bad anal fissure, problems all over (which was discovered due to almost non existent vitamin D levels) and developed really bad allergies towards grass. They were really bad that I used to get flacky and crusty all over my body and it progressed to be rash all over my body that burn and itches. All of that, lucky me, was in the first quarter of 2017 after I came back from Canada (where I noticed my rash has started). I’ve been suffering for almost until early this year. The fissure is almost healed (a year and 8 months later) but my allergies are still not completely responsive to the current vials that my specialist is using (shots that I take every 4 weeks as desensitisation treatment that lasts for years). I’m body isn’t reacting well to high dosages of the treatment that I should maintain. This August and possibly earlier, I’ll be getting the new vial to try and see how will my body react.

Given how green Canada is, with all the lovely nature, this could be lethal. Also, the allergies I have are accompanied by eczema which loves cold weather. I’m sure you all know how cold it gets in Canada, which ironically, I love! I’m currently living in Australia which isn’t that green and not as beautiful nor that cold and yet I’m still suffering. On top of what was happening, I’ve seen rheumatologist, dietician due to digestion issue, gatrologist that I’m still seeing and a number general surgeons for my fissure as well as general surgeons and allergists. Thankfully with constant and continues care I was getting, I didn’t need to do any surgeries (specially on my fissure) and all bed diseases were ruled out. Now given that I’ve been away for so long, I’m in breach of the RO(coming to about 5 months now). Also, it’s best to wait and see how I will react to the new vial/serum that I will be on soon. Probably I’d have a year or a little over/less left on my PR card (expires July 2020). My questions are as follows:

- Given that I’m in breach and everything is subjective when it comes to H&C reasons, which is the best way to enter Canada without being noticed that I’m in breach of RO? not having to explain the situation and hoping the officer would understand is ideal even though my reasons could be valid. I’ve heard the train would be best (given that they don’t scan the PR cards and there are many passengers that officers need to process quickly) followed by Toronto automated kiosks. What are the best ways of these aren’t the best?

- On top of what I explained above as they were the main reasons for not being able to move (or even thinking about anything at the time apart from getting better), I’ve applied for my Australian citizenship and awaiting a decision for a while now. Unfortunately, for Australia to make a decision on my application; I have to be in the country for that to happen and the timeline keeps changing so I don’t know when this will take place. Can that count towards my H&C grounds as an additional reason? Or would that affect my reasons negatively?

- Another reason as well, I had to do a lot of papers to finalise my national service in my home country (army is compulsory where I’m from but not for some people in specific situation and I fall in that category) that took almost a year and it was finalised in October 2018 favourably. Would that count towards my H&C? and would it be perceived positively? Notice that I started the process here in Australia and was given a one year passport until the situation is finalised

- Another reason which I hope that this could add to my case is that I have undergone an orthodontics treatment that took years and I’ve finished but they do check ups every now and then and my last check up is November 2019. Could this help with my H&C grounds?

- As I’m planning to make Canada my home for good, assume I get reported, can some people who have been in those situations or just know about similar situations; recommend the best lawyers to contact? I don’t want to file the one page appeal if I’m in that situation. I prefer if a lawyer does that while I’m present

Given the above, would this be a compelling case to grant me a relief when it comes to my RO compliance?

I’m sorry if I’ve taken so much to explain but I’m trying to paint a full picture (given how unique the situation is) and would love to get your opinions and experiences whether you’ve been through a similar situation or simply know about similar situations
 
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Bs65

VIP Member
Mar 22, 2016
13,187
2,420
Only going to comment on the fact that you are waiting for Australian citizenship which to me if I were an immigration officer would indicate your intention to settle permanently in Canada is less than sincere and would not contribute at all to maintaining PR status on H&C.

Others better qualified can comment as well but medical conditions seem to be a grey area as far as H&C exceptions are concerned ,dental treatment for sure probably wouldn’t count. Do not think CBSA at the border would be in a position to judge on any H&C reasons for failing RO that would probably be deferred to IRCC for assessment.

There is really no easy option that has any better chance of not being reported or at least any guarantee, so given your case seems pretty complex you may need to consider a lawyer at some point.
 
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keesio

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May 16, 2012
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Toronto, Ontario
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1) I've taken trains across the border. CBSA will ask for your travel documents and ask a few questions. If you are not what they call "routine", they may pull you off the train for secondary inspection. The train will leave without you. Unless they are really easy going, they will note your lack of ties to Canada and there is a decent chance that you will be a candidate for secondary inspection. Kiosks are no guarantee either.

2) I agree with Bs65 that you application for Australian citizenship hurts your H&C case

3&4) Neither will help you much for an H&C case
 

Desperate202

Full Member
Jan 10, 2019
28
0
Thank you so much keesio and Bs65 for your comments. What would be the recommendation that you guys advise me to do? I mean I can give my PR up (which I really don’t want to do) and reapply fresh again but it could be years before I’m able to secure the status again

Bs65, do you know any reputable lawyers? Or where can I find a good one? Lawyers are just in the business of making money and they might not even be aware of the rules
 

steaky

VIP Member
Nov 11, 2008
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Thank you so much keesio and Bs65 for your comments. What would be the recommendation that you guys advise me to do? I mean I can give my PR up (which I really don’t want to do) and reapply fresh again but it could be years before I’m able to secure the status again

Bs65, do you know any reputable lawyers? Or where can I find a good one? Lawyers are just in the business of making money and they might not even be aware of the rules
This forum is own by a law firm.
 

Desperate202

Full Member
Jan 10, 2019
28
0
Thanks for that, I’ve checked them and they don’t seem to be specialist on the matter. Are there any other lawyers you’re aware of?

I’ve thought about my situation and I’ll be heading next month and see what happenes. Even though I shouldn’t till end of this year due to my allergist recommendation. I hope that 6 months of residency non compliance and showing that I actually went back when I shouldn’t can give me some relief with the CBSA officer

If the seniors and others can shed some more light, recommend something or just share their openion; that would be great
 

Desperate202

Full Member
Jan 10, 2019
28
0
Also, I realised that my citizenship certificate has been sent to the wrong address and now I’m a citizen which means I’ll be a holder of an Australian passport

Would then using that passport to cross via train from US to Canada be better? Given that I don’t need a visa with my Australian passport to cross over?
 

canuck78

VIP Member
Jun 18, 2017
55,605
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None of those medical or dental reasons would excuse not moving to Canada. Sounds like you were working full-time at the time so your work didn't keep you in hospital or disabled at home. If you haven't sponsored your spouse you will not be able to until you are compliant with your RO.
 

Desperate202

Full Member
Jan 10, 2019
28
0
I actually was working on a casual contract (hourly rate) and because of my medical conditions, my relationship fell apart. I’m not planning to sponsor anyone and I’m just trying to avoid this exact scenario where one CBSA officer think my situation might warrant me entry without reporting and another would think that it’s not acceptable

Also, I’ve been admitted into the hospital few times by the way
 

jddd

Champion Member
Oct 1, 2017
1,516
565
Also, I realised that my citizenship certificate has been sent to the wrong address and now I’m a citizen which means I’ll be a holder of an Australian passport

Would then using that passport to cross via train from US to Canada be better? Given that I don’t need a visa with my Australian passport to cross over?
Since your PR card is still valid, I believe you would be able to easily board a plane.

There is no one in this forum who can give you assurance if you will be reported or not, you just have to fly in and take a chance. There is no one here who can tell you any statistics of which airport has the least risk (I noticed you commented on someone's post who said they were reported). There is no one here who can give you an idea of how not to get reported.

As for H&C, agree with the others that your medical reasons are not extenuating reasons to be away from Canada as we have free health care here and your maladies can be managed from here. I don't know much about Australian immigration (yet) but if it's the same as Canada, they probably required you to physically stay there to be eligible for citizenship which you've now become. I believe I read somewhere that Australia shares information with Canada which means IRCC will know you've recently acquired citizenship which, to reiterate, goes against your possible H&C claim because you prioritized Australia over Canada. Just my thoughts. Good luck on your travel to Canada!
 
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Desperate202

Full Member
Jan 10, 2019
28
0
Since your PR card is still valid, I believe you would be able to easily board a plane.

There is no one in this forum who can give you assurance if you will be reported or not, you just have to fly in and take a chance. There is no one here who can tell you any statistics of which airport has the least risk (I noticed you commented on someone's post who said they were reported). There is no one here who can give you an idea of how not to get reported.

As for H&C, agree with the others that your medical reasons are not extenuating reasons to be away from Canada as we have free health care here and your maladies can be managed from here. I don't know much about Australian immigration (yet) but if it's the same as Canada, they probably required you to physically stay there to be eligible for citizenship which you've now become. I believe I read somewhere that Australia shares information with Canada which means IRCC will know you've recently acquired citizenship which, to reiterate, goes against your possible H&C claim because you prioritized Australia over Canada. Just my thoughts. Good luck on your travel to Canada!
I appreciate your response and I know that you guys have heard this question probably a million times. Apologies about this but I’m terrified of losing my status

Would be great if someone could comment on crossing via land boarder to Canada using my Australian passport. This is because it’s a visa free passport but I’m worried they would somehow be able to see that I entered Canada before using my other passport and automatically take me to secondary straight.

I guess this could happen if CBSA scan my Australian passport. Do they scan it? Or just look at it and stamp it?
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
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I appreciate your response and I know that you guys have heard this question probably a million times. Apologies about this but I’m terrified of losing my status

Would be great if someone could comment on crossing via land boarder to Canada using my Australian passport. This is because it’s a visa free passport but I’m worried they would somehow be able to see that I entered Canada before using my other passport and automatically take me to secondary straight.

I guess this could happen if CBSA scan my Australian passport. Do they scan it? Or just look at it and stamp it?
You can't be that terrified or you would have done what was needed to maintain your status.

Your passport will be scanned. If you are asked, you must declare your PR status and CBSA may investigate further.
 

Desperate202

Full Member
Jan 10, 2019
28
0
Just here to report for people in my shoes that I wasn’t asked a single question and made it in Canada with no hassle at all. Even though I had doctors’ letters that indicate that I can’t change countries/environments previously and I was ready to fully explain my situation. Quick questions regarding other things related to my situation and would appreciate your input

- My girlfriend is coming over this summer for a visit. If she mentions me at the boarder when asked, can that cause me issues?

- My brother is in love with Canada like me and he’s wanting to put me down on his expression of interest to apply for Canadian PR. Apparently you get more points but I’m worried that this could trigger immigration to look further into my residency. Be advised that I’m not sponsoring him. He’s applying independently

- Could I be reported by any institution or individuals in Canada regarding my residency requirement if discovered?