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Residency Obligation Appeal and PR Renewal

Hashem93

Newbie
Jul 1, 2012
4
0
Hello,
I had a hearing for a residency obligation appeal, and the appeal was dismissed. However, I have fulfilled 540 days out of the required 730 days after the PR card renewal application date. A departure order was issued. Also, I am an undergraduate student at the University of Toronto and I just completed my second year of study out of a program that lasts 4 years in addition to the prospect of completing graduate studies in Canada, i.e. another 4 years. I have 2 inquiries:
1) What action is recommended and what kind of legal advice should I seek? Is there a chance I can file a removal order appeal with the Immigration Appeal Division, and what might be the outcomes, for example if I would be obliged to stay in Canada under certain conditions to fulfill my residency obligation and retain my status as a permanent resident?
2) If the removal order is executed and I leave Canada then apply for a study permit and a temporary resident visa to re enter Canada pursuing my postsecondary studies, what are the regulations to gain permanent resident status again, and if possible would the CIC consider my 540 days in addition to the remaining days fulfilling the residency requirement?. Would it be a feasible option if I re-apply for a permanent resident card after completing the 730 days?
Thank you very much.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
1) Get yourself an immigration lawyer if you want to try to fight this or know about your options. I have no idea if you can appeal a removal order.

2) If the removal order is executed and your appeal is denied, you will have lost your PR. If you want to apply for PR status again, you will be treated exactly like any other foreigner. If you are even allowed to get a study permit, you can study for two years, get a post grad work permit, work a skilled job for one year and then apply under Canadian experience class or go through a PNP. You would not just be able to apply for a new PR card on your former PR status because you have lost that already.
 

janay

Star Member
Feb 12, 2012
60
0
Hello.
Your story sounds scary. Before consulting a lawyer go through the manual:
ENF 23
Loss of Permanent Resident Status

most of the lawyers make money by scaring you however community lawyers can guide you on no cost or nominal charges.
My question from you are:
1. when dd you become Permanent resident?
2. how long did you stay in Canada before applying for PR card renewal?
3. Where is/are your family/members?
4. when did you apply for renewal? was it on urgent basis?
5. I joined this forum in Feb. 2012 however I applied for PR card renewal for me and my family in July 2010, got residency questionnaire (for not meeting 2/5 year condition but 50%) in Feb 2012, submitted in April 2012. I and other three members of the family are still waiting for first hearing/interview.
My married daughter has lost her status who applied on urgent basis in July 2010 but son's application is closed as he did not show up for the interview.
6. what is written in your removal orders to be effective from?
You can read my entire case on the forum.
Janay