hello everyone
I landed in Canada at August 2013 stayed 3 weeks and then back to overseas due to continue my study at university.i had intension to back to Canada and even inform immigration at the end of 2016 and I asked CIC to help me how to take my kids to Canada .
I finished my uni at march 2015 and I have to work to pay off my debt and save some money -for life cost for first 5-6 month ( prepare to come with my family- wife and 2 kids less than 5 years old ), finally I back to Canada on July 2017 and been issued departure order for myself and my wife.( my kids on visitor visa) I did appeal and waiting for hearing court.now my kids attending full time in kindergarden over last year,
my wife finished a year full time in college in IT technology and waiting to complete recruitment through the interviews and she is few months pregnant .I do study in college too looking for job too. I was wondering do we have any chance to win our case as we been asked to sit in meeting with CSBA to resolve issue before court.
thanks
"I was wondering do we have any chance to win our case as we been asked to sit in meeting with CSBA to resolve issue before court."
There is NO chance the IAD will conclude the Departure Order is NOT valid in law. You were clearly in breach of the PR Residency Obligation. The Departure Order was, obviously, valid in law.
There is a chance the IAD could find that there are sufficient H&C reasons to allow you to keep PR status. The extent of the breach, however, in conjunction with having spent so little time in Canada prior to being issued the Departure Order, probably means the chance of success is NOT good.
BUT these cases are tricky. Both ways, both in terms of what succeeds, and in terms of what does not succeed. A lawyer could, possibly, improve your odds of a successful appeal.
And, apparently you have not obtained the services of a lawyer. If the expense of a lawyer is a big factor for you, this is a difficult call. NO ONE here can reliably forecast the outcome here. We cannot definitively say it is worth the cost of a lawyer.
At the least it is worth following the process through. Again, a lawyer could help, if you can afford one. Otherwise, make a fervent plea that you fully intended to come to Canada as soon as you could, and HONESTLY enumerate and explain all the reasons why your coming to Canada was delayed, AND also clearly present the case that in the meantime you have in fact established your lives in Canada.
Thus, even though I in large part agree with the observations in the first paragraph of the response by @
paul2587, I do NOT agree that your options are limited to "
In this case, either voluntarily leave Canada or get a very good immigration lawyer." You can still do your best to make your case yourself, again focusing on emphasizing it was always your intention to come to Canada to settle and stay PERMANENTLY as soon as you could, and again HONESTLY enumerating and explaining all the reasons why your coming to Canada was delayed. AND also clearly present the case that in the meantime you have in fact established your lives in Canada.
Again, a lawyer could help, and could make the difference. So yes, it would be prudent to obtain the assistance of a reputable immigration lawyer. But as long as you are here, even if you cannot have a lawyer help you, you can do your personal best to make the case you deserve to keep PR status.
Some further observations:
There is little point in explaining in detail the nature and calculation of the breach itself. It is what it is. Basically you came to Canada around one year too late. (After an absence of around 1400 days? Around 300 or so days in breach.) That is you are in breach of the RO by a lot. The bigger the breach the more difficult it is to win the H&C case.
There is a lesson here for others, a REMINDER that a Departure Order can be issued even to PRs with valid PR cards and still well within the first five years since landing. As soon as the PR is abroad more than 1095 days during the first five years, the PR is in breach, thus inadmissible, and CBSA or IRCC can then proceed to adjudicate the termination of PR status (and it appears more often than not these days will do so).
Give it your best shot. Be sure to be totally upfront (not the least bit evasive) and HONEST. The more precise and accurate and frank and truthful you are, the better the odds the H&C reasons will be given a fair consideration . . . and that is all you really have, the H&C case. You are basically asking for mercy, for a second chance.
AND then, please, return here and give us some report about how it goes. We have only sketchy information about how these things actually go for PRs who are issued a Departure Order during their first five years. The more accurate anecdotal reports we get, the better we understand and can share information about the process. As I noted, scores and scores of PRs end up in a similar situation, having intended to make the move to settle in Canada but this and that in real life delays the process, and they end up in breach.