re-applying

[emiliano]

I have relinquished my PR as I have not stayed in Canada for 1095 and would like to re-apply after some time. I read in CIC website that there are two sets of applications: (1) is regular (2) simple. I understand that the regular is for indivduals who have been admited to Canada for at least one year and will submit their application to Buffalo center.

My question: In my case do I have to apply as regular, on the basis that I was admitted to canada for at least one year?

Appreciate your advice.
Thanks

 

[Leon]

Unless you are in the US, you apply simplified from your country of residence because you are currently not living in Canada anymore. The regular is for people in the US or Canada who are still there and came in on at least a 1 year visa.

 

[emiliano]

Thanks a lot Leon. I am really not sure what is better for me. Should I apply for a travel document under H&C, or re-apply. My only concern is that if my travel document is declined for whatever reason, that may have negative impact on my future application.

 

[Leon]

If you relinquished it as in you sent it back to the ebassy with a letter stating that you are relinquishing it? If you did that already, you can not apply for a travel document anymore.

If you still have the card but you have lost your PR status because you were away too long and you want to apply for H/C reasons, if the card is still valid, you should go to Canada, present it at the border and see what happens. If they tell you that you have been away too long which is likely, then they will let you in and give you some documents to appeal to keep your PR status. If your card is expired already, you need to apply for a travel document when you are ready to go back and do your H/C claim on there.

I think you should definitely try for the H/C appeal. I don't think it will hurt your application, just prove that you had valid reasons for being out of the country so long. It might even be in your credit if you have to apply again they have documented reasons of why you let your PR expire.

 

[emiliano]

Thanks a lot leon. I still have the expired card with me. I guess it is better not to mail it to the embassey now. I think I'd rather go for the H&C option. Any idea what documentation would they want to see?. Actually my specific case is that the 1095 days ended 29 September 2006, I didnt return back as my father was so sick and he passed away three months later. One month after my father's death my mother was diagnosed of grade 3 cancer. She is still under medical treatment to date. Do you think that would be a solid ground for H&C to be accepted? Do you think I need to hire an immigration lawyer to take care of that, and can you recommend a name?

Thanks in advance.

 

[Leon]

You try the lawyer who owns this board, I heard he's good. I suppose you are not ready to go back to Canada though since your mother is still under treatment.