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URGENT, PR renewal H&C please help..

Sunshine928

Full Member
Apr 12, 2015
24
0
Dear all the experts, i'm asking for my bf, and we are in a very difficult situation here. Please suggest what we can do. I'm so depressed now.

He landed in Dec.2011 and PR card expired Feb.1 2017. Now he is still in China. and couldn't find the confirmation of permanent residence paper, so he can't go through US to canada. we are still trying to find the paper.

We submitted PR renewal in Jan,2017, and we got a letter last week from CIC " A review of your application indicates that you have acquired less than 730 days of physical presence in Canada during the previous years. Therefore you are being given an opportunity to identify any humanitarian and compassionate considerations that would justify the retention of your permanent resident status and overcome your breach of the RO." they want us to reply within 30 days of the letter.

When we submitted, we calculated that he lived over 730 days, i dont know why they said it's short, but I had applied for travel history from CBSA already. and for this letter, i asked an immigration consultant, he said we need to explain ties he has with Canada. However, we are not common-law partner nor legal married.

Previously, he had lived in China for 2.5 years, and during those years, grandma passed away, another year grandpa passed away, and he got divorced. So he didn't come back, finally he came back and he needed to travel back and forth for business reason and family reason as well. When we calculate in Jan, we used all stamps on passport to calculate, however, now they are saying less than 730 days. i don't know how they calculated, however i think even if less, it wouldn't be much less. Now we are in a dilemma,


Questions are:
1. he got divorced before, and they had a kid in Canada. The mom has the sole custody for the kid. Can we ask the mom to provide legal doc to show he has to take care of the kid once a week ? so that case, it will be considered H&C ?
2. for the years in China due to grandparents passed away, can we supply death certificate to be consider H&C ?
3. if I provide engagement ring, will this be considered H&C ?

If we submitted, how long usually will we know about the result, what i read on forum is it will be really long waiting. OR it will be better to renounce the PR , and i sponsor him later when we get married?

Do you have a recommended immigrant consultant OR lawyer that have experiences dealing with this kind of situation ? Please advise, Thank you a lot and God bless you.
 

scylla

VIP Member
Jun 8, 2010
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To succeed with an H&C application, he needs to prove why he was forced to remain outside of Canada. So the fact he has a child in Canada or is engaged to you isn't an H&C argument for having been forced to remain outside of Canada. I don't see how the death of a grandparent can be an H&C reason since this may have kept him outside of Canada for a few days or perhaps weeks - certainly not years. Based on the information you've provided, I don't unfortunately don't see any real argument for H&C.

I would focus on proving that he applied with sufficient residency days. If that fails and his PR status is revoked, then you can always get married and then sponsor him for PR as your spouse.

Good luck.
 

Sunshine928

Full Member
Apr 12, 2015
24
0
scylla said:
To succeed with an H&C application, he needs to prove why he was forced to remain outside of Canada. So the fact he has a child in Canada or is engaged to you isn't an H&C argument for having been forced to remain outside of Canada. I don't see how the death of a grandparent can be an H&C reason since this may have kept him outside of Canada for a few days or perhaps weeks - certainly not years. Based on the information you've provided, I don't unfortunately don't see any real argument for H&C.

I would focus on proving that he applied with sufficient residency days. If that fails and his PR status is revoked, then you can always get married and then sponsor him for PR as your spouse.

Good luck.
Thank you, i think i know now. if PR status got revoked, can he apply for visitor visa ? will they question on why he wants visitor visa ?
 

Sunshine928

Full Member
Apr 12, 2015
24
0
scylla said:
To succeed with an H&C application, he needs to prove why he was forced to remain outside of Canada. So the fact he has a child in Canada or is engaged to you isn't an H&C argument for having been forced to remain outside of Canada. I don't see how the death of a grandparent can be an H&C reason since this may have kept him outside of Canada for a few days or perhaps weeks - certainly not years. Based on the information you've provided, I don't unfortunately don't see any real argument for H&C.

I would focus on proving that he applied with sufficient residency days. If that fails and his PR status is revoked, then you can always get married and then sponsor him for PR as your spouse.

Good luck.
can i put business reason as the reason he stayed in china for so long ? will they check his taxes in that case ? OR better off the get PR revoked and I sponsor him ? Thank you and realy appreciate your answer
 

Buletruck

VIP Member
May 18, 2015
6,878
2,711
Business and education are not valid reasons for not meeting RO. The expected intent of Permenent Residency is that you become a permenent resident of Canada. If he applies for a TRV, do it before you get married.
 

Sunshine928

Full Member
Apr 12, 2015
24
0
Buletruck said:
Business and education are not valid reasons for not meeting RO. The expected intent of Permenent Residency is that you become a permenent resident of Canada. If he applies for a TRV, do it before you get married.
Thank you, if we submit a letter to explain the H&C, how long will cic take to revoke his status ? OR if we dont reply the letter, how long will they revoke ?
 

Rob_TO

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Nov 7, 2012
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Sunshine928 said:
He landed in Dec.2011 and PR card expired Feb.1 2017. Now he is still in China. and couldn't find the confirmation of permanent residence paper, so he can't go through US to canada. we are still trying to find the paper.
COPR is not mandatory to cross into Canada by land. CBSA can determine PR status simply by passport and other basic info, although it will most likely require a trip to secondary inspection.

Thank you, if we submit a letter to explain the H&C, how long will cic take to revoke his status ? OR if we dont reply the letter, how long will they revoke ?
I agree with others, that H&C does not really apply to this case so little chance of H&C claim being accepted.

Assuming it's rejected, you'll typically have 30 days to decide if you want to appeal the decision. PR status would be officially revoked shortly after that.
 

Sunshine928

Full Member
Apr 12, 2015
24
0
Rob_TO said:
COPR is not mandatory to cross into Canada by land. CBSA can determine PR status simply by passport and other basic info, although it will most likely require a trip to secondary inspection.

I agree with others, that H&C does not really apply to this case so little chance of H&C claim being accepted.

Assuming it's rejected, you'll typically have 30 days to decide if you want to appeal the decision. PR status would be officially revoked shortly after that.
Thank you for your detailed answer. Can I ask one more question?

I consulted different immigrant consultant however they gave me different answers. If I replycic's letter for h & c , one suggested us to put my name on it and expl that one of the reasons he wants to come back is because we are dating so in future when I sponsor him, they won't think he gets married on purpose coz my name is in the notes. And we started dating log before PR expired.

One suggested not to put my name and dating on explaination ppaper as cic will think he wants to marry me for my status.

I'm so confused now. What will you suggest ? Thank you
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Sunshine928 said:
Thank you for your detailed answer. Can I ask one more question?

I consulted different immigrant consultant however they gave me different answers. If I replycic's letter for h & c , one suggested us to put my name on it and expl that one of the reasons he wants to come back is because we are dating so in future when I sponsor him, they won't think he gets married on purpose coz my name is in the notes. And we started dating log before PR expired.

One suggested not to put my name and dating on explaination ppaper as cic will think he wants to marry me for my status.

I'm so confused now. What will you suggest ? Thank you
I really don't think it matters either way. Him dating a Canadian is pretty much completely irrelevant to his H&C claim.