Re: Spousal Case and PR expiry
peerobeer said:
I have a sponsorship appeal case in IAD in November,fully prepared but the problem is that my PR card has expired and on the day of hearing I will be still short of 25 days to complete 730 within last 5 years.
Can I still attend and execute the hearing or will I be violating any law and find myself in trouble because CBSA ,Ministers counsel and IAD will be at hearing?
If I am not violating any law , can CBSA entangled me in a situation that u can't sponsor as u have not met the residency criteria and issue me a removal order or in some confusion by CBSA.
What should I do ?? Huh
Please expert advice required
I am no expert.
Even though there are a lot of informative observations and helpful comments here, generally posts should not be considered to be expert advice.
In any event I can offer this:
see a lawyer. Not a consultant, a
licensed immigration lawyer. At the least for a consultation.
You are
not violating any law. But you are in breach of the PR Residency Obligation. And yes, indeed, as
Leon observed, you could be reported for being in breach of the PR RO any time you have any interaction with CBSA or IRCC. And that could lead to the loss of your PR status.
Whether or not that is likely to happen is difficult to predict. It depends. I suggested consulting with a lawyer, but even a lawyer is not going to know for sure if your compliance with the PR RO is an issue that will be addressed. But at least a lawyer will be able to better assess the situation, offer some better advice about what is at stake and about what your options are, including how you should prepare. The problem, however, is that you are at risk for losing PR status (due to inadmissibility on the grounds of failing to comply with the PR RO). So, however high or low the risk is that IRCC will take action to terminate your PR status, what is at stake is your PR status.
And of course, your eligibility to sponsor a family class PR visa applicant is also at stake, since inadmissibility will make you ineligible to sponsor.