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Author Topic: immigration status re -determination, help!compassionate grounds?  (Read 349 times)
manu_pena
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Posts: 35
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« on: July 13, 2011, 09:00:48 pm »

So here's the thing,
I became a permanent resident(landed immigrant back then) when I was 10. My country was in a civil war and we immigrated. Up to a few weeks ago I was under the belief that I was in Canada as a refugee. When the war ended we went back to our home country , I was only ten at the moment. I recently found my record of landing number, called immigration in Canada and they verified that indeed I'm still a permanent resident but would have to request a travel document to Canada, but for that to happen they'd first have to "re-determine" my status. I'm now 28 and honest to God, I didn't know! The only thing that I found that would apply to my situation is this:

 - Are the circumstances that led to the person's remaining outside of Canada compelling and
beyond their control?  I was only ten when I left and when I turned 16 , I already failed my residency obligation's. But I was still a minor at that moment.

 Was the person prevented from returning to Canada? Why? By whom or by what event - My parents

 Are they now returning to Canada at the earliest possible opportunity?  Yes I am

 Did the person leave Canada as a child accompanying a parent?  yes

 - So it was out of my hands and I was prevented from returning to Canada to meet my residency obligations since I was still under the custody of my parents, among other things, so that would fall under the category of Compassionate and Humanitarian ground's . I'm very excited that I have this chance to re-gain access to such a beautiful country, but also very nervous that just because I'm not being chased by terrorist I wont meet their "criteria". Any advice? Or perhaps a good immigration lawyer, does it make a difference appointing a representative to this for me with-in Canada? thank you for any helpful comments.



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PMM
VIP Member
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Posts: 13867
Ratings: +512

« Reply #1 on: July 13, 2011, 09:51:13 pm »

Hi

So here's the thing,
I became a permanent resident(landed immigrant back then) when I was 10. My country was in a civil war and we immigrated. Up to a few weeks ago I was under the belief that I was in Canada as a refugee. When the war ended we went back to our home country , I was only ten at the moment. I recently found my record of landing number, called immigration in Canada and they verified that indeed I'm still a permanent resident but would have to request a travel document to Canada, but for that to happen they'd first have to "re-determine" my status. I'm now 28 and honest to God, I didn't know! The only thing that I found that would apply to my situation is this:

 - Are the circumstances that led to the person's remaining outside of Canada compelling and
beyond their control?  I was only ten when I left and when I turned 16 , I already failed my residency obligation's. But I was still a minor at that moment.

 Was the person prevented from returning to Canada? Why? By whom or by what event - My parents

 Are they now returning to Canada at the earliest possible opportunity?  Yes I am

 Did the person leave Canada as a child accompanying a parent?  yes

 - So it was out of my hands and I was prevented from returning to Canada to meet my residency obligations since I was still under the custody of my parents, among other things, so that would fall under the category of Compassionate and Humanitarian ground's . I'm very excited that I have this chance to re-gain access to such a beautiful country, but also very nervous that just because I'm not being chased by terrorist I wont meet their "criteria". Any advice? Or perhaps a good immigration lawyer, does it make a difference appointing a representative to this for me with-in Canada? thank you for any helpful comments.





Your first available opportunity would be around the age of 18, you are 10 years past it.  So IMHO there is not much chance.
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PMM
Leon
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Posts: 13705
Ratings: +571

« Reply #2 on: July 13, 2011, 11:48:43 pm »

You should still try it.  Explain in your application that you had believed that your PR was already gone until you found your old paperwork and decided to check.  Maybe they will refuse but you don't know that if you don't try.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
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