HELP:Renewing PR card on humanitarian grounds

[ikovach]

Hi, I have some questions about PR residency obligations and renewing the permanent residence status on humanitarian and compassionate grounds – please I need your help!!!
So my case:
I am Bulgarian, 33 years old, man.
02.2007-became a permanent resident
I met a girl in Canada also Bulgarian (with Canadian passport) we lived together (common in law), but she decided to do business in Bulgaria and went back to Bulgaria and I went back with her on 02.2008.
We lived together until 07.2009. We broke when my mother became ill from lung cancer and I need to relocate – I went back(alone) to my home town in Bulgaria to take care of my mother.
Unfortunately on 07.2011 – my mother died 
At the meantime I met another girl another love and I have new born baby on 10.2011, I intend to marry her and to sponsor her and my baby to come to Canada. But before that I need to go back to Canada and renew my PR card on humanitarian and compassionate grounds., because I do not meet the residency obligations.
So what do you think, can I apply for renewal on humanitarian and compassionate grounds? Do I have any chances?
My PR card is still valid, what I’m supposed to do at the airport in Canada, do I need lawyer there?
How long it takes to apply for renewal PR on humanitarian grounds?
You know that is very hard for me to leave my future wife and my baby alone. But I want to renew my PR card, to sponsor them and to settle with them in Canada.
Please, give me some advises, anything which can help me. A good immigration lawyer and etc.
Thank you in advance.

 

[ikovach]

When I count my days in Canada:
from 02.2007 to 02.2008 - 365 days
from 02.2008 to 07.2009 - 500 days - but accompanying a Canadian citizen who is their common-law partner
total: 865 days
So I have the days - but how to prove that I lived with Canadian citizen (in Bulgaria), at this moment we are separated, ok she resides in Canada, if they asked her she will confirm is this enought?
It seems to be the easiest way.
Please I need your help!

 

[Leon]

If you want to sponsor your spouse and baby, as a PR, you must be residing in Canada to do that. Your wife and baby can apply for a visit visa to come with you but if they are refused, you will have to go alone to sponsor them.

You must be in Canada to renew your PR card so as long as you enter Canada before it expires, you don't have to worry about it right now. You do not need a PR card to live in Canada, only to travel but from what you say, you have a good case. You would ask your ex to verify that you were indeed living together. Maybe you have some proof as well, paperwork and rental contracts from that time? Photos of you together etc? The rest of your time outside Canada was spent taking care of your dying mother which is a very solid H&C reason. If they refuse your proof of time spent with common law, you just need a statement from the doctor of your mother and you should have a good appeal on H&C grounds.

If you do not enter Canada before the expiry of your PR card, you will need to apply for a travel document in order to be able to return. You would then make your application to the Canadian embassy rather than if you are in Canada applying to immigration directly.

 

[ikovach]

Thank you, Leon. Do you think that some pictures and rent agreement can prove my cohabitation with my ex? Any idea what else will work? Ok, when I arrive in Canada, and wrote that I've been missing from Canada 3.5 years, I think I'll have problems in the immigrations, do I need to tell my whole story there? and any idea what happens next? thank you in advance

 

[Leon]

Thank you, Leon. Do you think that some pictures and rent agreement can prove my cohabitation with my ex? Any idea what else will work? Ok, when I arrive in Canada, and wrote that I've been missing from Canada 3.5 years, I think I'll have problems in the immigrations, do I need to tell my whole story there? and any idea what happens next? thank you in advance

You can tell the immigration officer that you have been outside Canada for 3.5 years but for a year and a half of that time, you were living with your Canadian citizen common law partner which also counts as time spent in Canada and after that you had H&C grounds for staying outside Canada as you were taking care of your sick mother.

They can not stop you from entering Canada. If they don't believe you, the worst they can do is report you for not fulfilling the residency requirements and you can appeal that with your proof of having lived together and your mother having been sick.

 

[ikovach]

Thank you Leon!

 

[2817]

Dear ikovach ,

Once you will enter to canada, please update us with a siatuation at the port entry.

Thanks in advance.

 

[ikovach]

Ok, I will inform you
Dear, Leon I would like to aks you one final question. If I entry in Canada without any problems , and I sent the documents for sponsorship for my wife and my baby (my PR card will be still valid-not expired), there is a section on the documents about my residencies outside Canada and my jobs for last 5 years. I know that I do not need to meet minimum necessary income when sponsoring spouse and depended child, but how to explain that I'm not loosing my PR rights, because I was accompanying Canadain citizen abroad who is my common-law. Do I need to explain that in order everything to be ok with my sponsorship approval? What do you think about my chances to sponsor my wife and baby? Thank you in advance!

 

[Leon]

Write a cover letter with your sponsorship application explaining your absences. You shouldn't have a problem.

Ok, I will inform you
Dear, Leon I would like to aks you one final question. If I entry in Canada without any problems , and I sent the documents for sponsorship for my wife and my baby (my PR card will be still valid-not expired), there is a section on the documents about my residencies outside Canada and my jobs for last 5 years. I know that I do not need to meet minimum necessary income when sponsoring spouse and depended child, but how to explain that I'm not loosing my PR rights, because I was accompanying Canadain citizen abroad who is my common-law. Do I need to explain that in order everything to be ok with my sponsorship approval? What do you think about my chances to sponsor my wife and baby? Thank you in advance!

 

[ikovach]

Thank you so much, Leon!