PR options following rejection of IAD appeal

[Hafeez70]

First off, thanks to all the posters here for contributing to this forum and easing anxiety

I'm looking for guidance on my wife's case. She resides in Pakistan and her TD application was rejected as she does not meet residency obligations, and the humanitarian and compassionate grounds explanations that explained why she could not meet her residency obligations were rejected by the CIC officer.

She plans on appealing this decision with the IAD. She will be issued a TD by the IAD to attend the appeal and plans on travelling to Canada. An immigration lawyer that we have hired said that the chance of success at the IAD hearing is 60%.

In case the IAD decision is negative, and her PR status is revoked, I plan on sponsoring her PR application as her husband and as a Canadian citizen (I currently reside in Canada). I have a few questions that I hope one of you can answer:

1. In case the IAD decision is negative, she will be issued a removal order from Canada. However, as I plan to sponsor her PR application as her husband, can she remain in Canada during the sponsorship application as a "no-status" resident?

2. Will a negative IAD decision have any affect on the subsequent PR sponsorship application?

Thanks

 

[farid-]

First all brother, as a canadian citizen you can sponsor as many time as you want. I don't know the detailed history of your wife situation. I mean if there are any h&c grounds focus on them. They will definetly let her come once for appeal. Don't depend totally on the lawyer as it's your wife status at risk and you n her know the situation better then anyone else. Take help from lawyer but don't depend fully on him. If God forbid appeal is rejected they will issue a deportation order in which I guess they will give 30 days to leave canada if she,won't then it can be a legal issue. I am 80% sure that she have to go back to avoid any legal issues n then you can sponsor her. But wait for reply from seniors on this one as well. Best of luck for everything.

 

[Msafiri]

First off, thanks to all the posters here for contributing to this forum and easing anxiety

I'm looking for guidance on my wife's case. She resides in Pakistan and her TD application was rejected as she does not meet residency obligations, and the humanitarian and compassionate grounds explanations that explained why she could not meet her residency obligations were rejected by the CIC officer.

She plans on appealing this decision with the IAD. She will be issued a TD by the IAD to attend the appeal and plans on travelling to Canada. An immigration lawyer that we have hired said that the chance of success at the IAD hearing is 60%.

In case the IAD decision is negative, and her PR status is revoked, I plan on sponsoring her PR application as her husband and as a Canadian citizen (I currently reside in Canada). I have a few questions that I hope one of you can answer:

1. In case the IAD decision is negative, she will be issued a removal order from Canada. However, as I plan to sponsor her PR application as her husband, can she remain in Canada during the sponsorship application as a "no-status" resident?

2. Will a negative IAD decision have any affect on the subsequent PR sponsorship application?

Thanks

1. If your wife does not leave Canada she becomes inadmissible...you can't be sponsored until any inadmissibility is resolved. Note that if you don't leave Canada 30 days after a removal order it becomes a deportation...you don't want this to happen.

2. IMHO it may indirectly do. CIC may question a marriage where the spouse spends so much time away that PR status is lost. Under a change in the IRPA if PR is granted it will be for a conditional 2 years unless you have kids.

How many days is she short of the Residency Obligation? What H&C grounds did she provide (if you are ok to share).

 

[Hafeez70]

farid and msafiri, thank you for your insightful comments.

farid, I hired the lawyer because I thought he is experienced with IAD cases and knows how to speak in judicial language. However, I have more knowledge than him and have carefully reviewed legislation and CIC manuals related to the appeal (OP-10, ENF-23 etc.) which the lawyer appears to have limited knowledge of. I am beginning to think that it is better if I defend my wife myself, although I am nervous about judicial language used in an appeal, my lack of appeal experience etc.

msafiri, my wife is well short of residency obligations. She has spent approx. 100 days in Canada in the past 5 years. We have 3 kids together, all 25+ and Canadian citizens. The H&C grounds are as follows:
In 2005 my wife resided in, and was employed in Canada. However, at the same time she had not resigned from her previous job in Pakistan and was on leave. She traveled to Pakistan for a personal matter, but when she was there her passport was seized by her Pakistani employer and she could not travel back to Canada. The Pakistani employer is a Govt. agency that seizes the passports of all its employees as a condition of employment. Her resignation was rejected and she could not get her passport back. Therefore, her PR card expired. She retired in 2009 and got her passport back but was ordered not to travel abroad without permission. She applied for a TD in 2009 (on H&C grounds) and was successful. However, when she arrived here, the Pakistani employer gained knowledge about her departure and made various threats which prompted her to return after approx. 100 days in Canada. She then dealt with outstanding issues in Pakistan, and looks like most thorny issues have now been resolved allowing her to come to Canada. She applied for a 2nd TD in 2012 (on H&C grounds) but was rejected. Hence, the appeal which will be scheduled in 18 months.

As you can infer, it is a complicated case, and the last 8 years have been stressful. I wonder if it is better to abandon the appeal (given the extensive history) and just sponsor her instead?

 

[farid-]

Well apeal is longer process for sure. If u want,to abandon it. Just,sponsor. With,lawyers I had a bad experience so I personally feel if u dig down the details personally it's always better instead of believing then blindly. At the end of the day it's waste of money. So in your,senario u can sponsor her for sponsoring wife it takes little less time then sponsoring husband from pakistan.

 

[Hafeez70]

farid, msafiri, leon and other knowledgable posters, can you comment on the following:

1. Given the brief summary of my wife above, what proof/documents will the IAD find convincing at the appeal?

2. Is there a representative/lawyer from CIC at the appeal explaining the position of CIC and questioning my wife or her lawyer?

3. If the lawyer is my wife's representative at the appeal, can my wife be questioned or can she speak up to back-up the lawyers statements?

4. Any suggestions as to how to prepare for the appeal?

 

[Msafiri]

1. As a minimum the same set of documents as at first H&C application. You will also need to submit evidence of the fact that the government seizes passports when employed. Out of curiosity how is this done in practice...what happens if you want to go on vacation? Who stores the documents etc? It seems one bureacratic mess to me but hey when in Rome.... I think the hard sell will be that she retired and still needed permission...why? You also have to substantiate the threats you mention.

2. Yes CIC usually has a representative although sometimes they don't and try to get the appeal dealt by on written submissions. I'd go with the mind set they will have someone there.

3. Judge can allow her to answer questions or clarify facts. Credibility (read do I believe this person) is key in H&C cases so hearing her statement will be vital.

4. You need paperwork to substantiate your reasons for her breach of the H&C. I think your case is very weak...she could have resigned when she got her PR. She already had a H&C approval which was a 'CIC let it slide' pass on the RO breach. It may be better to sponsor again...likely faster and less stressful. If you go this route and do it outbound via Pakistan visa post better for her to have a US visa then you can meet there if she can't get a TRV to Canada during processing or go with inland processing but she is stuck in Canada till its completed ...this way you will be together.

Good luck