Is Hiring an Immigration Lawyer/Consultant Better?

[eriku]

Hi,


My daughter was 15 years old when we landed in 2008. After 6 months we left Canada and she never returned because of my decision to stay back home. Her PR card expired last 2013, she applied for TD (on H&C grounds) this year to follow me in Canada but unfortunately was denied and now we are appealing her application. We did all the appeal procedures without hiring a lawyer or consultant. Is there an advantage of hiring one?

THank you.

 

[Msafiri]

1. The usual process for minors in PRTD application is to go the 'removed without my consent' route in that they really had no choice in the matter. There is plenty of info on the forum about this with several examples but its usually when the PR minor turns 18 and wants to pursue college education in the Canada, pay PR level fees and enter the job market. Its very rare for PRTDs to be denied for returning minors.

2. Its your choice whether to get help. Qualified legal counsel or regulated immigration consultant may be able to make your case more sellable to the IAD. Whomever you chose make sure you understand exactly what they are offering to do. Also make sure they are in good standing with the relevant Provincial Legal Organization/Supervisory Board (you don't want some suspended counsel representing you!!) or the Immigration Consultant Supervisory Board (The Appeal Papers tell you who can represent you).

3. In your shoes I would not bother with the appeal but would re-sponsor since you now are back in compliance with the RO. This route is bound to be faster since CIC prioritize dependent children sponsorship than going through an appeal that you may lose anyway before the IAD and/or the FC with timeline for this anything between 12-36 months.

 

[Alurra71]

1. The usual process for minors in PRTD application is to go the 'removed without my consent' route in that they really had no choice in the matter. There is plenty of info on the forum about this with several examples but its usually when the PR minor turns 18 and wants to pursue college education in the Canada, pay PR level fees and enter the job market. Its very rare for PRTDs to be denied for returning minors.

2. Its your choice whether to get help. Qualified legal counsel or regulated immigration consultant may be able to make your case more sellable to the IAD. Whomever you chose make sure you understand exactly what they are offering to do. Also make sure they are in good standing with the relevant Provincial Legal Organization/Supervisory Board (you don't want some suspended counsel representing you!!) or the Immigration Consultant Supervisory Board (The Appeal Papers tell you who can represent you).

3. In your shoes I would not bother with the appeal but would re-sponsor since you now are back in compliance with the RO. This route is bound to be faster since CIC prioritize dependent children sponsorship than going through an appeal that you may lose anyway before the IAD and/or the FC with timeline for this anything between 12-36 months.

I was just curious, about statement #3. If the OP's child was 15 in 2008, would that make the child now 21 going on 22, and more than likely not a type A dependent any longer?

 

[eriku]

Sorry for the confusion. When we landed she was 14 turning 15 in the year 2008. She will be turning 21 this Nov. She was born 1993.

 

[eriku]

Thanks Msafiri.

Just to clear about response #3, I can start the re-sponsor application while we are still waiting for the IAD decision?

Also will it help if I send a personal letter to the IAD asking them to reconsider my daughter's case? My message will be about reunification and I don't have any family members here in Edmonton.

Thanks

 

[Leon]

Why did you not take her with you when you entered Canada again in 2012? You could still sponsor her but you are running out of time fast. On August 1st, the age of dependent child is changing from under 22 to under 19, see http://www.cic.gc.ca/english/department/media/notices/2014-06-23.asp After that, you will not be able to sponsor her unless possibly as one other relative allowed if you have no spouse neither in Canada nor at home that you could sponsor, parents deceased and no other close relatives either in Canada or outside that you could sponsor.

Minors who have been removed from Canada usually have a pretty good chance of getting a TD based on that. If you want to appeal, you would want to stress that she was removed from Canada as a minor and that she is wanting to return first chance. If you get the appeal in before August 1st, the age they are supposed to consider is still that she is trying to return to Canada first chance after 22 and she isn't even 22 yet. You can read about that here: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf on page 27

14.1. Examples of factors to weigh and consider

..
Circumstances beyond the person’s control:

* Are the circumstances that led to the person’s remaining outside of Canada compelling and beyond their control?
* Was the person prevented from returning to Canada? Why? By whom or by what event?
* Are they now returning to Canada at the earliest possible opportunity?
* Did the person leave Canada as a child accompanying a parent?
* Are they now over 22 years of age and are returning at the earliest opportunity since becoming 22 years of age?
* Is the person over 22 years of age dependent on the parent they are accompanying because of a mental or physical disability?

 

[eriku]

Hi Leon,

I didn't take my daughter with me back in 2012 because I didn't know if I will be successful or not in coming back. I'm not sure if immigration will allow us to re-enter, not sure if I can be financially stable. We submitted the appeal back in April 2014 and IAD's response will be within 120 days. So I hope they will still apply the 22 age requirement.

Will it help if I write a personal letter to the IAD? I will plead or beg if necessary just for them to allow her to come back. I'm a single dad and I don't have relatives here in Edmonton. It's very hard to be alone. My purpose is for reunification, better life for her and get some help financially. Doo you think it will help?

thanks