+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445
Client Portal

Search results

  1. D

    Lost PR card and beiing asked humanitarian and compassionate considerations for residency requirement

    For @viveksharmaz . . . my previous post overlooked the difference it might make if you did not include any H&C information with the PR card application, if you were thinking that was not necessary since you were just asking to replace a lost card. That is, if you did not answer item 5.7 in the...
  2. D

    Lost PR card and beiing asked humanitarian and compassionate considerations for residency requirement

    . Foremost: This is not a venue for obtaining "expert advice." For expert advice see a lawyer, a reputable and experienced immigration lawyer. That could be expensive. A thorough consultation might suffice but even that is likely to cost many hundreds of dollars. Free consultations are worth...
  3. D

    Removal order appeal denied

    This is mostly about procedural clarifications: Other than what might be available pursuant to sponsoring a parent for PR (which I know very little about, even whether that is practically available now, generally or for the OP in particular), the OP and their mother need to look to competent...
  4. D

    Removal order appeal denied

    . Yeah, it is what it is and that's not good. The fact "she had no clue she had to stay 2 years within a 5 year frame" almost certainly carries very, very little weight in her favour. Sorry, very sorry, but . . . this is a situation in which your mother will likely be deported, sooner or...
  5. D

    Writing The Writ of Mandamus by ChatGPT and Representing Ourselves

    There have been NO reliable reports of anyone successfully pursuing mandamus without a lawyer and relying on AI tools, any AI tools, in ANY province. In other contexts there are numerous authoritative reports of various individuals using AI tools to generate and compose pleadings and such...
  6. D

    A few months short of Residency Obligation in first 5 years. YVR or YYC less likely Sec 44?

    . Reminder: the only for sure way to avoid inadmissibility proceedings is to not be inadmissible. In regards to the Residency Obligation this means either: -- being in compliance with the RO, or -- for a PR who is not in compliance but who has returned to Canada without being subject to...
  7. D

    Consequences of being reported on form 44 for not meeting non-residency obligation.

    I concur and this observation is consistent with what many veteran forum participants are likely to comment, and have commented in regards to many other queries here about the various ways things can go in the PoE screening of an arriving PR who is in RO breach. There is a plethora of...
  8. D

    Consequences of being reported on form 44 for not meeting non-residency obligation.

    Whatever differences there might be, those differences are largely unpredictable and they are outweighed by other factors, outweighed by a lot. This has been part of a very recent discussion in a topic where another PR in breach asks about the odds of facing inadmissibility proceedings when they...
  9. D

    Consequences of being reported on form 44 for not meeting non-residency obligation.

    . No. But I have seen a case in which a Removal Order was issued by an officer who miscalculated the extent of a PR's RO compliance by counting absences prior to the preceding five years, which was set aside on appeal and that particular aspect of the officer's decision was ruled to be NOT...
  10. D

    Citizenship applications for Protected Persons

    Probably not. Days in Canada as a refugee claimant prior to the date the claim is approved do not count toward meeting the physical presence requirement for citizenship. Only days in Canada after a refugee claim has been approved will count (half-day credit). Once the refugee claim is...
  11. D

    A few months short of Residency Obligation in first 5 years. YVR or YYC less likely Sec 44?

    Some Long-Read-Guy observations . . . That is a very personal decision no one else can make for you. @Besram has provided good responses regarding the PR status element and the risk of inadmissibility proceedings for failing to comply with the RO. @canuck78 has highlighted other factors...
  12. D

    PR obligation breach and Bill C12

    . I see nothing in this proposed legislation that will directly change enforcement of the PR Residency Obligation, and not much indication, either, of a significant indirect impact. Whether the information sharing amendments, or the Ministers' broad cancellation powers that are added, will...
  13. D

    PR resident of Canada accompanying Canadian citizen spouse abroad

    . Foremost, to actually respond to your questions: Days that a PR is outside Canada "accompanying" their spouse who is a Canadian citizen count the same as days physically present in Canada, given the same credit toward meeting the PR's Residency Obligation. To qualify for the RO credit...
  14. D

    Canadian PR Entry Concerns: Crossing Canada border with Family from Detroit USA without meeting Residency Obligation

    It is important to be clear that the Residency Obligation does not impose a mandatory legal requirement on PRs. A failure to comply with the RO is in no way a violation of the law. Even though retaining PR status can depend on complying with the RO (that is, there is a risk of losing status if...
  15. D

    Canadian PR Entry Concerns: Crossing Canada border with Family from Detroit USA without meeting Residency Obligation

    . There are significant risks, no for sure guarantee you will be able to keep PR status, but the system is still remarkably flexible and lenient enough the odds in your favour are probably still quite good. If you are issued a Removal Order at the border, and thus need to appeal, you can...
  16. D

    Criminal charges

    Overall: It is probably not a good idea to apply for anything while charges are still pending . . . unless a reputable, reliable immigration lawyer says otherwise after fully considering the details in YOUR particular situation. Any disposition that resolves the charges without any...
  17. D

    Asked to come pick up PR card in person

    As noted in above post: What the situation is, and importantly, what could be at stake, depends on the particular details in her specific situation. There are some significant, variable if-this, then-that scenarios which preclude giving direct answers to the questions you ask. and in looking at...
  18. D

    Asked to come pick up PR card in person

    EDIT . . . much of what I posted below is not applicable if this is the same friend discussed here: As it seems very likely this is about the same individual, I was inclined to simply delete the below post, which is oriented to a PR who is in RO compliance and otherwise has no reason to think...
  19. D

    Confused about days counted towards 730 RO

    If you accurately fill in the dates you entered and exited Canada in a PR card application, using either the interactive pdf form or the online application, you do not need to count days at all . . . the application will count them. Except it counts days outside Canada. It will not count the...
  20. D

    Consequences of being reported on form 44 for not meeting non-residency obligation.

    . The labels (like "inadmissible") aside, the worst outcome (most negative consequence) is losing the status of being a Canadian and becoming, relative to Canada, a "Foreign National;" that is, no longer a Canadian PR. For many this can be a serious, severe outcome, potentially harsh or even...