Loss of PR Status and ties in Canada

[mzuri]

Dear all,

On entering Canada last summer, I was issued a departure order for failing to meet RO. I have appealed the decision and the hearing is in August 2017. I leave outside Canada, however I have maintained ties in Canada. I have active bank accounts, credit cards, own an apartment, have a mortgage, have been paying taxes, have children and grandchildren living in Canada. I also have minor children living with me who are Canadian citizens as they were born in Canada. However, I have a stable job outside of Canada and do plan to quit to return to Canada. I need advice on the following questions:

1. Can my ties play in my favor during the appeal?
2. Considering that I do not plan to return soon, what are the implications of withdrawing my appeal versus going to trial and losing?
3. If I lose my appeal, what do I do with my assets in Canada?
4. If I lose my appeal, will that impact on the issuance of visas to visit my children and grandchildren as well as take my minor children on holidays?

Thank you very much for your advice.

 

[zardoz]

1. Yes, they all help.
2. If you don't intend to return AND stay in Canada if you win your appeal, there is really no point in continuing. You might as well withdraw and save everybody time and money.
3. Either enter as a visitor and dispose of them or use an agent.
4. No. They should not be affected in any way.

 

[mzuri]

Thanks a lot. Your answer is very helpful. I have been trying to look for a job in Canada but have not been successful yet. I meant I will not quit a stable job to return to Canada just for the sake of returning.

 

[Rob_TO]

1. Can my ties play in my favor during the appeal?

Yes, but realistically if you left Canada immediately after being reported and don't even reside in Canada now, this will be looked at very negatively so you should expect a refusal of your appeal.

If the basis of your H&C argument is employment outside Canada, this would also be a good basis to refuse your appeal as that is not a real H&C reason.

2. Considering that I do not plan to return soon, what are the implications of withdrawing my appeal versus going to trial and losing?

Continuing through appeals and losing, will just take longer.

3. If I lose my appeal, what do I do with my assets in Canada?

That's entirely up to you. Many foreigners own investments in Canada.

 

[mzuri]

Many thanks. I do not reside now.