Very different case. Need expert advice.

[mohamedishaik]

YOU DO NOT REQUIRE A CONSULTANCY
DO NOT WASTE MONEY

More you research on this venture, more you will realize that there is no need of a third party to do this, later at some point you'll feel stupid for seeking help from a third party agent. Cause sometimes you know more than this so called consultants. IRCC has published guidelines on everything that an individual can do everything on his own. Also IRCC never recommends to hire a consultant but it's the individual's discretion. I'd recommend not to.

Thank you for the response. really appreciate all your help. You guys are doing a great job. This is such a relief.

Also can I simultaneously renounce PR and after sometime apply for express entry and inform them that i have renounced PR.

 

[dankboi]

Thank you for the response. really appreciate all your help. You guys are doing a great job. This is such a relief.

Also can I simultaneously renounce PR and after sometime apply for express entry and inform them that i have renounced PR.

I have never came across this thread before and so obviously this situation is new to me. I don't have the answer to your specific query " can I simultaneously renounce PR and after sometime apply for express entry and inform them that i have renounced PR" .

There should be some folks here who will be able to answer this. Please contact @legalfalcon , I believe @legalfalcon could help you out.

Thanks

 

[mohamedishaik]

I have never came across this thread before and so obviously this situation is new to me. I don't have the answer to your specific query " can I simultaneously renounce PR and after sometime apply for express entry and inform them that i have renounced PR" .

There should be some folks here who will be able to answer this. Please contact @legalfalcon , I believe @legalfalcon could help you out.

Thanks

@legalfalcon - could you pls assist me in my query !!

 

[legalfalcon]

@legalfalcon - could you pls assist me in my query !!

@dankboi

I have never came across this thread before and so obviously this situation is new to me. I don't have the answer to your specific query " can I simultaneously renounce PR and after sometime apply for express entry and inform them that i have renounced PR" .

There should be some folks here who will be able to answer this. Please contact @legalfalcon , I believe @legalfalcon could help you out.

Thanks

First you will have to renounce your PR, wait for the decision, and only after that can you apply for PR under the express entry again. This is because until your renounce your PR status, your status will be reflected as a PR, and thus your PR application cannot be processed.

Also, when you apply for PR, you will have to demonstrate why you renounced your PR, and why you are filing a new PR application again. One of the criteria for the PR application is that the applicant is willing to move and settle in Canada. Given that you did not meet it before, what circumstances changed that you should be granted the PR status again. This will have to be clearly justified in a LoE and based on the case you may even have to draft a LoE, which is more like a H&C.

Before you initiate this process, if you were unable to meet the physical residency requirements, you can also consider filing for a residency obligation appeal (subsection 63(4) of the IRPA) and restore your PR status. See https://irb.gc.ca/en/filing-immigration-appeal/Pages/immapp-d1.aspx

All this strategy will depend on your individual circumstances, and only after evaluating your documents, can anyone give you legal advice. The forum can only point you to resources and is not a substitute to professional legal advise from a lawyer (not consultant).

While going through this thread I came across people giving advise on how to go about it and advising not to hire a professional.

Immigration is law, and not just filing a bunch of forms. Making rash decision and not knowing the consequences can land you in troubled waters. In most cases when you are applying for immigration, you can file your own application if you have time and resources to read and understand the basis of the forms.

However, immigration law involves having an understanding or the Constitution, IRPA, IRPR, procedures of the IRB, Administrative law, Procedures of the Federal Court, Evidence law, et al.

Given the complexity of your case, instead of tacking it yourself, you will be much better off engaging an immigration lawyer. If you get stuck somewhere you you not only jeopardise your case, but will have to pay a lot more later.

Google can only provide you certain information, and is not a substitute for a professional who graduated from law school.

The choice is yours.

 

[GandiBaat]

And if yes any suggestions for a good consultancy in Bangalore ??

I did my application or work permit, study permit myself. I got my application package vetted by a Canadian Immigration lawyer at times. IF you feel less than confident AND/OR you have questions, you should engage with an Immigration lawyer OR a registered immigration consultant in Canada. Consultants in India are shielded from any mistake they make on your behalf because they are NOT regulated by Canadian laws. IF you need to get a consultant or a lawyer, get one who is regulated properly OR don't have one at all. Having a "unregulated" consultant who is not even in the jurisdiction of Canadian laws is worse.

 

[GandiBaat]

Before you initiate this process, if you were unable to meet the physical residency requirements, you can also consider filing for a residency obligation appeal (subsection 63(4) of the IRPA) and restore your PR status. See https://irb.gc.ca/en/filing-immigration-appeal/Pages/immapp-d1.aspx

Will it apply?

Who can appeal
You can make a residency obligation appeal if a Canadian overseas visa office found that you did not meet your residency obligation as a permanent resident.

The person has not even made a move to Canada yet. I guess IF he tries to get documents to travel to Canada based on his (still existing) status as PR and he gets rejected by Canadian visa office in India then only he can apply under that law. Sorry if I am wrong.

 

[GandiBaat]

No I do not have a degree in india....

The highest education I have is Advanced Diploma from canada.

Then your points will be around 476 without any help from your wife. That said, if she does ECA and IELTS she can contribute some points as well. I guess it can then bring your total to 500 or so.

 

[Princess2020]

@dankboi



First you will have to renounce your PR, wait for the decision, and only after that can you apply for PR under the express entry again. This is because until your renounce your PR status, your status will be reflected as a PR, and thus your PR application cannot be processed.

Also, when you apply for PR, you will have to demonstrate why you renounced your PR, and why you are filing a new PR application again. One of the criteria for the PR application is that the applicant is willing to move and settle in Canada. Given that you did not meet it before, what circumstances changed that you should be granted the PR status again. This will have to be clearly justified in a LoE and based on the case you may even have to draft a LoE, which is more like a H&C.

Before you initiate this process, if you were unable to meet the physical residency requirements, you can also consider filing for a residency obligation appeal (subsection 63(4) of the IRPA) and restore your PR status. See https://irb.gc.ca/en/filing-immigration-appeal/Pages/immapp-d1.aspx

All this strategy will depend on your individual circumstances, and only after evaluating your documents, can anyone give you legal advice. The forum can only point you to resources and is not a substitute to professional legal advise from a lawyer (not consultant).

While going through this thread I came across people giving advise on how to go about it and advising not to hire a professional.

Immigration is law, and not just filing a bunch of forms. Making rash decision and not knowing the consequences can land you in troubled waters. In most cases when you are applying for immigration, you can file your own application if you have time and resources to read and understand the basis of the forms.

However, immigration law involves having an understanding or the Constitution, IRPA, IRPR, procedures of the IRB, Administrative law, Procedures of the Federal Court, Evidence law, et al.

Given the complexity of your case, instead of tacking it yourself, you will be much better off engaging an immigration lawyer. If you get stuck somewhere you you not only jeopardise your case, but will have to pay a lot more later.

Google can only provide you certain information, and is not a substitute for a professional who graduated from law school.

The choice is yours.

I totally endorse legalfalcon. Better consult with an Immgration lawyer (not consultant). PR is precious, it’s not guaranteed that you will get it again if you renounce current one. Move wisely.

 

[Princess2020]

Just to add: once a PR case is screwed up, it’s not easy to get out of it. I have seen ppl living in canada for 10 years and still struggling for their PR because they made some silly move during the process that derailed everything

 

[canuck78]

@dankboi



First you will have to renounce your PR, wait for the decision, and only after that can you apply for PR under the express entry again. This is because until your renounce your PR status, your status will be reflected as a PR, and thus your PR application cannot be processed.

Also, when you apply for PR, you will have to demonstrate why you renounced your PR, and why you are filing a new PR application again. One of the criteria for the PR application is that the applicant is willing to move and settle in Canada. Given that you did not meet it before, what circumstances changed that you should be granted the PR status again. This will have to be clearly justified in a LoE and based on the case you may even have to draft a LoE, which is more like a H&C.

Before you initiate this process, if you were unable to meet the physical residency requirements, you can also consider filing for a residency obligation appeal (subsection 63(4) of the IRPA) and restore your PR status. See https://irb.gc.ca/en/filing-immigration-appeal/Pages/immapp-d1.aspx

All this strategy will depend on your individual circumstances, and only after evaluating your documents, can anyone give you legal advice. The forum can only point you to resources and is not a substitute to professional legal advise from a lawyer (not consultant).

While going through this thread I came across people giving advise on how to go about it and advising not to hire a professional.

Immigration is law, and not just filing a bunch of forms. Making rash decision and not knowing the consequences can land you in troubled waters. In most cases when you are applying for immigration, you can file your own application if you have time and resources to read and understand the basis of the forms.

However, immigration law involves having an understanding or the Constitution, IRPA, IRPR, procedures of the IRB, Administrative law, Procedures of the Federal Court, Evidence law, et al.

Given the complexity of your case, instead of tacking it yourself, you will be much better off engaging an immigration lawyer. If you get stuck somewhere you you not only jeopardise your case, but will have to pay a lot more later.

Google can only provide you certain information, and is not a substitute for a professional who graduated from law school.

The choice is yours.

All the various immigration forms online are meant to be able to fill out on your own so there is no need to hire a lawyer to fill out the forms if you have the time and energy to dedicate to the process. Getting a consultation about your immigration strategy or a hiring a lawyer to review your paperwork before submitting it are both great options.

 

[canuck78]

Just to add: once a PR case is screwed up, it’s not easy to get out of it. I have seen ppl living in canada for 10 years and still struggling for their PR because they made some silly move during the process that derailed everything

Unfortunately just as many cases of those who used a consultant and lawyer who made mistakes and the person who applied is still responsible for the mistakes.

 

[GandiBaat]

Unfortunately just as many cases of those who used a consultant and lawyer who made mistakes and the person who applied is still responsible for the mistakes.

I can attest to that. I have been given two rather dubious advices by very professional immigration lawyers/consultants.
1. When I was initially coming to Canada, I was planning to apply for a PR after my Work Permit was approved. This is very much possible under doctrine of dual intent. My lawyer/consultant told me to NOT apply till I have landed in Canada. I followed their advice and that has delayed my PR process almost indefinitely because of one document or another. I wont name and shame the firm but they serve fortune 500 clients.

2. Recently I applied for Study Permit of my wife. She got admission in a Canadian university. We used home administered TOEFL (due to covid situation) in admission process and then applied for study permit after receiving letter of admission. I got some shoddy advice when I got her forms etc vetted. This was an in-canada non-SDS application. The lawyer was not my usual one. My usual lawyer was no available. So the advice I got was that I will need to send an IELTS score as well for study permit otherwise it was sure to be rejected. I showed him tweet from IRCC and permit guide but he insisted. I said, okay, I will just go ahead. I am sure for SDS route you need a designated english test score but not for non-SDS route. Shaking in my boots, I just went ahead and got an approval. The lawyer had told me that if get the test results then the fee for writing the letter of explanation will be $1000. I said, okay and decided against arguing. It was never needed.

That being said, for complex cases it is better to get a professional advice. This one here is unusual to say the least.

 

[mohamedishaik]

Hi all, can you suggest a good immigration lawyer in Canada that I can speak to from india and hire him/her !!~

 

[GandiBaat]

Hi all, can you suggest a good immigration lawyer in Canada that I can speak to from india and hire him/her !!~

This forum is hosted by one. Campbell Cohen.

 

[caipsnotes]

Hi all, can you suggest a good immigration lawyer in Canada that I can speak to from india and hire him/her !!~

Double check and call the provincial Law Society to ensure you’re actually hiring a lawyer who typically has seven years of university education and a call to the bar

https://twitter.com/i/web/status/1368561113282019330