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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 so much.
 

SenoritaBella

VIP Member
Jan 2, 2012
3,673
194
Category........
Visa Office......
Dakar
Job Offer........
Pre-Assessed..
App. Filed.......
08-01-2014
AOR Received.
12-02-2014
File Transfer...
25-02-2014
Med's Request
02-11-2015
Med's Done....
18-09-2013
Passport Req..
02-11-2015
VISA ISSUED...
hopefully soon
LANDED..........
hopefully soon
1. If your appeal was dismissed and a removal order issued, you have lost your permanent resident status. You would have to apply for pr from scratch.

Speak to an immigration lawyer(not consultant) immediately. That removal order will become a deportation order after 30 days, if you don't leave by then. If you are not able to get the order stayed, make sure you let the border services people(CBSA) know when you leave so that your departure date is noted.

2. I don't know the answer to this, but you would have to try and see what happens. See #1 above.

You should never have applied for renewal before fulfilling 730 days. Anyway, there are several options to apply for PR again:

a) CEC - possible after graduation if you are somehow able to remain in Canada legally.

b) PNP - check the requirements in all provinces...you may be able to get nomination even if you are outside Canada

c) Skilled worker - the federal skilled worker stream has been suspended until January 2013 except for applicants with arranged employment or PhD students in a Canadian institution.

d) look at the Quebec skilled worker stream

Goodluck!
 
C

cole

Guest
People who got appeal refused by federal court and re apply to h@r sponsorship is that be possible ?