Spousal sponsorship

[tuyen]

Thanks a lot, Tuyen

We have already tried to get a travel document using H&C grounds. That was rejected.


In this case does he has any chance to receive a super-visa for parents?

I'm just curious...why did you try humanitarian and compassionate grounds first? That seems like something you should try after all other attempts have failed. What country is your husband living in?

As for what his chances are, take a look at the link I gave you. It lists all the requirements there.

I'm not sure how CIC will react to someone who has a failed attempt to get into the country under human and compassionate grounds (especially if no other avenue has been tried prior to that).

 

[KIM1960]

what we should do? He did not meet residency obligation. He is out of Canada. I think it was only chance to keep his PR. Or Not? Now I am thinking about appeal. He is still in 60 days period.
What can you advise?

 

[tuyen]

what we should do? He did not meet residency obligation. He is out of Canada. I think it was only chance to keep his PR. Or Not? Now I am thinking about appeal. He is still in 60 days period.
What can you advise?

According to the rules of immigration, in order to keep permanent resident status, he must live in Canada for two years out of a five year period. If he didn't meet that requirement, then his PR status is lost, and I honestly don't see that an appeal would make any difference. If he missed his residency requirement by just a few weeks, then I could see an appeal possibly being successful. But if he lived in Canada for only 6 months and then lived in another country for the last 4.5 years, there's basically no chance of a successful appeal.

http://www.cic.gc.ca/english/newcomers/about-pr.asp#keep_status

 

[Zion786]

if ur file is transfered to the local office before AIP...dos the letter stating that u might be called in for an interview come only to the applicants attention or do both the applicant and sponsor receive it?......anyone?........pleaseeee....

 

[KIM1960]

But if he had to look after his disable mother in-law and he lost his business and pay off his debts (and he has all proof). Real proof of rather tough circumstantial beyond his control. Why it is not taking into account? If we has one chance from 100 we should try.

If his appeal was rejected:
1) If it affect his super parent visa?
2) If it affect his son sponsorship?
3) Can we apply for super-parent visa if his appeal will be in process?

If you answered all this questions - you, guys, do a great job. I with your help explored all possible chances to reunite with my husband. I have 2 children and 25 years of marriage behind the back.

Thanks a lot

 

[tuyen]

But if he had to look after his disable mother in-law and he lost his business and pay off his debts (and he has all proof). Real proof of rather tough circumstantial beyond his control. Why it is not taking into account?

The reason it won't be taken into account is because there are rules for everybody to follow. Those rules are made known to everybody BEFORE they apply for permanent resident status. I have no doubt that your husband felt he needed to look after his disabled mother in-law, but an immigration officer could simply ask: "if she was disabled, weren't you concerned about leaving her when you decided to come to Canada?"

If we has one chance from 100 we should try.

I think you're being overly optimistic with your odds of 1 in 100. I would say it would be closer to one in a million. But if you're willing to try and you have a good immigration lawyer who told you that he feels you have a good chance, then definitely go ahead and try.

If his appeal was rejected:
1) If it affect his super parent visa?
2) If it affect his son sponsorship?
3) Can we apply for super-parent visa if his appeal will be in process?

1) No.
2) No.
3) Yes.

 

[KIM1960]

I really appreciate your help. Thank you for your time. I fall in love in Canada because of people living here. Great Country and Great Job you all doing on our favor. Thanks a lot.

I wish you the best of luck. Thank you again. You are the best lawyers an advisers.

Now I know where to come back for help.

Yours truly

 

[tuyen]

I really appreciate your help. Thank you for your time. I fall in love in Canada because of people living here. Great Country and Great Job you all doing on our favor. Thanks a lot.

I wish you the best of luck. Thank you again. You are the best lawyers an advisers.

Now I know where to come back for help.

Yours truly

I'm glad to be of help, but I'm definitely not a lawyer, and neither are the majority of people on this forum. Most people are here just to help each other with advice based on their own personal immigration experiences.

 

[KIM1960]

I am not believe in lawyer in this case. My husband know his circumstances better. I'll try one but gave up. One appointment $250+tax, the whole appeal process $11,00. Can you imagine?

Why do we need lawyer? We do not have any fraud documents or stories.

All your advises were bright and reasonable. I think you outperform any lawyer.

Why you advise me a lawyer?

 

[tuyen]

I am not believe in lawyer in this case. My husband know his circumstances better. I'll try one but gave up. One appointment $250+tax, the whole appeal process $11,00. Can you imagine?

Why do we need lawyer? We do not have any fraud documents or stories.

All your advises were bright and reasonable. I think you outperform any lawyer.

Well...thank you, but I don't want you to think of my advice as legal advice. Just my own personal opinion.

Why you advise me a lawyer?

Because the appeal process can be complicated. You need to file the proper paperwork, and everything needs to be done perfectly. One small mistake can mean the difference between a successful appeal and a failed appeal.

I remember reading some other cases on this forum where people hired a lawyer for an appeal, and the cost was around $3500. I know it's not cheap, and I'm really not a big fan of lawyers, but sometimes they really can make an important difference.

However, in your specific case, I would say forget about the appeal, save your money, and start with the spousal sponsorship process as soon as you're able to do so.

But if you decide to try the appeal without a lawyer, make sure you get some help with the paperwork from somebody who has experience with appeals. I've never been through an appeal, so I don't think I would be much help to you, but there are definitely some people on this forum who DID go through an appeal, and I'm sure they would be happy to help you.

 

[KIM1960]

Yes, this forum is priceless.

Thank you $11,000 times.

I'll take a deep breath and in a few days I will ask community about the appeal application if I have question.

Yours truly

 

[computergeek]

what we should do? He did not meet residency obligation. He is out of Canada. I think it was only chance to keep his PR. Or Not? Now I am thinking about appeal. He is still in 60 days period.
What can you advise?

Then appeal. He will have a hearing before IAD that allows him to present the H&C arguments on why he should be allowed to keep his PR. There's no guarantee of success, but there's no guarantee of failure, either.

 

[Rosey_L]

hi! i'm a september applicant. as per ecas using my husband's UCI (he's a PR), a letter was sent to him nov 5, but we didn't receive it. so he called cic to verify. he was given a B number, but I can't seem to make it work in ecas. I heard others get to have an F number. any significant difference?

 

[scylla]

But if he had to look after his disable mother in-law and he lost his business and pay off his debts (and he has all proof). Real proof of rather tough circumstantial beyond his control. Why it is not taking into account? If we has one chance from 100 we should try.

Proof that he had to look after his disabled mother-in-law may be taken into consideration. He will have to demonstrate why her immediate family couldn't do this and that his presence was required.

The financial proof will NOT be taken into consideration. (CIC does not regard financial issues as a reason for failing to meet residency obligations.)

 

[KIM1960]

Thank you, Scylla

We landed in 2007, then he came back just to close some deals. But his lost his business in 2008 after partner's deceit (circumstances beyond his control ), filing bankruptcy, and then fall into unwilling bank debts to fill his payroll obligations. He has all real documents from bank to prove his line of credit, his bankruptcy record. Is that count?
This is not regular financial reasons.

Please, give me your opinion.