H&C may be your only option during an appeal but the threshold is high and you would need to build a convincing case. You will need to involve a professional to help you.I thank you zardoz and every one who is trying to help. I thought about H&C
H&C may be your only option during an appeal but the threshold is high and you would need to build a convincing case. You will need to involve a professional to help you.I thank you zardoz and every one who is trying to help. I thought about H&C
Yes. I will use this path. Now I am asked to respond with 45 days. From the letter:H&C may be your only option during an appeal but the threshold is high and you would need to build a convincing case. You will need to involve a professional to help you.
My explanation above is not overly clear. Here is the official reference.Assuming that you can't prove that you were in compliance with the residency obligation requirements on the day that you submitted the application to IRCC, the likely sequence of events will be these.
1) you are informed that you are inadmissible because of not meeting the residency obligation requirements.
2) you are offered the opportunity to appeal this decision to the IAD.
3) The clock stops as far as accumulating residency days.
4) If you lose your appeal, any days in Canada since your application are effectively lost.
5) If you win your appeal, those days will be counted towards your next RO examination.
You should probably start making yourself familiar with the Appeal process, as I suspect that this may be needed.
http://www.irb-cisr.gc.ca/Eng/BoaCom/references/procedures/Pages/ProcessResObl.aspx
Clear. Thank you. 45 days are expiring in about 10 days. I am need an extention of the period to prepare my case very well. Is it possible to ask for this? (I see this might be OK from the letter).My explanation above is not overly clear. Here is the official reference.
http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/FullText.html
Calculation — residency obligation
- 62 (1) Subject to subsection (2), the calculation of days under paragraph 28(2)(a) of the Act in respect of a permanent resident does not include any day after
- (a) a report is prepared under subsection 44(1) of the Act on the ground that the permanent resident has failed to comply with the residency obligation; or
- (b) a decision is made outside of Canada that the permanent resident has failed to comply with the residency obligation.
- Marginal note:Exception
(2) If the permanent resident is subsequently determined to have complied with the residency obligation, subsection (1) does not apply.
- SOR/2014-139, s. 3(F).
My family is in Canada and I am coming in about a month.Is your family currently outside of Canada? Keep in mind that during the appeal process it is not recommended to leave Canada, as it diminishes your case. Short trips may be ok, but not recommended.
1- I do not want to send any bad signals by asking for extension.At the moment, you are only at RQ stage and may be able to ask for an extension in order to complete the questionnaire.
Once you get into appeal timing, I don't think an extension is possible but you will have 60 days to decide whether to go ahead with an appeal.
I am a little confused because if the officer only checks the RO, then why inserting this (in the letter):Assuming that you can't prove that you were in compliance with the residency obligation requirements on the day that you submitted the application to IRCC, the likely sequence of events will be these.
1) you are informed that you are inadmissible because of not meeting the residency obligation requirements.
2) you are offered the opportunity to appeal this decision to the IAD.
3) The clock stops as far as accumulating residency days.
4) If you lose your appeal, any days in Canada since your application are effectively lost.
5) If you win your appeal, those days will be counted towards your next RO examination.