PR renewal - denied by officer - appeal next steps

[YashYanthi]

Would love to know if anyone has had any experience with applying for an appeal after the PR renewal has been denied by an officer. My mom's Pr card expired last year and she put in the paperwork for a renewal. After nearly a year she got a call to meet with an officer in Hamilton (despite living in Toronto). She went and he asked for more details which she emailed him. He then scheduled another meeting and that was today. He denied her ask for the renewal but said she could appeal it.

We're wondering if we should appeal ourselves or hire a lawyer - has anyone had any experience with this portion of the process? She has 30 days to appeal and I have baby #2 on the way in 30 days... so trying to figure things out before D day! Thanks everyone

 

[scylla]

What's the basis for her appeal? Did she have sufficient residency days in Canada before applying for the renewal?

 

[YashYanthi]

Yes she now has enough days for the residency. The reason she was unable to previously stay in Canada (she came and went every few months) was that she had court cases back home that she had to attend. The cases after nearly 10 years are finally done and she would now be able to build a life here in Canada. The officer felt that she knew about the court cases when she landed in 2007 so there's no humanitarian grounds to go by.

 

[scylla]

Unfortunately the number of days she has now is irrelevant. What matters is if she had enough days when she applied to renew her PR status. Did she meet the residency requirement when she applied to renew her PR status? Based on the information you have provided so far - it sounds like she probably didn't.

If she didn't meet the residency requirement and if there are really no H&C considerations, then an appeal will very likely get you nowhere and just cost you time and money. Assuming you are a PR/citizien who is living in Canada (and meet the income requirements), you may be better off sponsoring your mother for PR from scratch one CIC begins accepting applications again in January 2014.

 

[benk]

Hi Yash,

Did you mother has at least 730 days from the date that she signed her PR renewal application form or not?

 

[YashYanthi]

No not since she applied for the PR renewal - She's been here 400 days or so since she petitioned for the renewal.

In terms of appealing vs, me sponsoring her - does she continue to stay in Canada or should she leave Canada first? She would like to continue staying here.