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PR RENEWAL OR NEW APPLICATION

Zoyla

Member
Mar 23, 2013
13
0
Hi,
I need some help deciding either i have to abanden my PR card or still get some help from a lawyer on compassionate ground explaining 60days shortness of maintaining 730 days for PR renewal application .As i have been denied for TRAVEL document and ask to appeal the decision if i want.
I also sponsored my husband a year ago whose file have been approved and sent back home for verification..I NEVER knew that i can not leave Canada if i am sponsoring a spouse while having Permanent resident status and now it appears that file will revoke too.
one of consultant at immigeration is saying its very hard to win this case so its better to apply again as couple.
Please give your suggestion in this particular case what should i do?
Will it be a negative effect for our new file if we do not appeal?
thanks
ZOYLA
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Zoyla said:
Hi,
I need some help deciding either i have to abanden my PR card or still get some help from a lawyer on compassionate ground explaining 60days shortness of maintaining 730 days for PR renewal application .As i have been denied for TRAVEL document and ask to appeal the decision if i want.
I also sponsored my husband a year ago whose file have been approved and sent back home for verification..I NEVER knew that i can not leave Canada if i am sponsoring a spouse while having Permanent resident status and now it appears that file will revoke too.
one of consultant at immigeration is saying its very hard to win this case so its better to apply again as couple.
Please give your suggestion in this particular case what should i do?
Will it be a negative effect for our new file if we do not appeal?
thanks
ZOYLA
Was the advice given to you in March 2013 unclear?

zardoz said:
OK, first, you should stray in Canada until you have completed the required number of days. Do not leave the country until you have renewed.
Secondly, as a PR, you obviously must be residing inside Canada to sponsor your spouse at all, so it shouldn't be a problem.
Assuming that you can gain the required number of days before you actually need to renew your card, you should be OK.
I don't see much hope of you succeeding with the appeal. You will need a very good lawyer. Are you still eligible to reapply as a couple?
 

Zoyla

Member
Mar 23, 2013
13
0
Hi,
ACTUALLY i applied for the new PR card in April2013 stayed in canada till August 2013 and then left backhome.now in august 2014 after they sent me to appear inperson i tried to get travel document and got rejection.I was the principal applicant sponsoring my husband in Jan2013 too.My understanding was that might be i have to hire a lawyer and fight for those 60 days shortness but my husband file would be safe till i get any problem at APPEAL .

I got advised from a LAWYER that even he save my ststus as PR card holder soon i would be hearing cancelled status of my husband's file from backhome visa office.IS this true? In this scenario he is advising me surrender my Pr CARD and my husband sponsership application, and then apply in skilled immigeration class but this time my Husband should sponsor me(PRINCIPAL applicant).
now i want to leave the appeal for the PR Status only if CIC wiLL/OR already rejected my Husband's file which is more than a year is in Que.
please advised.
Thanks.
Zubia
 

scylla

VIP Member
Jun 8, 2010
92,947
20,549
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Your husband's application is guaranteed to be refused since you don't meet the residency requirement and are a PR who has been spending so much time outside of Canada. You don't meet the requirements to sponsor your husband.
 

Zoyla

Member
Mar 23, 2013
13
0
Hi,
Thanks for the information .My last question would be if my husband apply in skilled worker category as he is a doctor then should we be ok to manage our application or we should go to a lawyer as might old sponsorship application would cause any negative effect on our new application?
Zubia
 

Zoyla

Member
Mar 23, 2013
13
0
Hi,
I need to make sure that I am getting it
Down really well and want to make sure before relinquishing
My PR status and not going for appeal that if my husband apply again for
the immigeration then my previous status of being PR card obligation requinshment
will not effect our new application. Please share some thoughts.
Or still anybody suggest to keep up with the appeal process ?
Thanks in advance for the time.
Z
 

Alurra71

VIP Member
Oct 5, 2012
3,237
309
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
Zoyla said:
Hi,
I need to make sure that I am getting it
Down really well and want to make sure before relinquishing
My PR status and not going for appeal that if my husband apply again for
the immigeration then my previous status of being PR card obligation requinshment
will not effect our new application. Please share some thoughts.
Or still anybody suggest to keep up with the appeal process ?
Thanks in advance for the time.
Z
What grounds would you appeal on? "I didn't know" is not really an acceptable appeal response.
You will need to disclose that you were a PR at some point, but it should not be a problem for you.
 

Zoyla

Member
Mar 23, 2013
13
0
Hi,
When I sent my residency questionnaire .I did mention about
My intention to settle down in Canada as I bought some business shares here and applied for my spouse but it appeared that they are not convinced!
I approached one lawyer and he is saying that if I appeal and then get a TD to come to Canada as Highcommission in their refusal letter have given me a choice of being present here .the lawyer is saying if then you stay here for a year as usually it takes a year to appear then he can prepare some grounds
to show my keen intereset to live here.
He is not assuring my husband file's status .
So I am really confused now!
Also I will be really obliged if direct me to the right category if I file immigeration again. My husband is medical doctor so can we apply for skilled worker provincial or national ?
Thanks a lot again.
Z