admissibility hearing ... for PR ... residency obligations

[st100281]

Please help dears... with few questions.. many thanks ...

If a PR is spotted by CBSA at airport for not having met the residency obligation and they choose to initiate the admissibility hearing and refer the matter to Immigration , then

1 - How long it will take to have the final decision by the ID (Immigration). ??? If it takes months (from the day when i was spotted on airport), can i still leave and re-enter Canada meanwhile?? I guess that until ID decides, i should not be deprived from my PR card and still i can use it to re-enter Canada. right ???

2 - Once i get a departure order from ID and makes an appeal to IAD , which takes around a year as per my info ... Can i still exit and re-enter Canada during this appeal Process using my PR Card. ?? do they take PR card back after decision of ID ... or i can still have it and use during the appeal process ???

3 - I and my Family landed as PR in Aug 09 and went back to Dubai for work. Came again for small visit in Dec 09 and had our baby here then left again. Family came here permanently in Mar 11 and are still here yet I have been back and forth to Canada almost every 02 month for small durations to visit family. Now they are fine but i am out of 730 days rule and can be spotted at any visit at airport. in May 13 we will have 2nd Canadian born here. Is there any chances , i can win the appeal in IOD based on H & C grounds for my Canadian born kids ???


many thanks for ur time ..

Regards

ST100

 

[Leon]

If you really have no plans to live in Canada and do not even stay for your appeal process, I think it unlikely that they will let you keep your PR. However, if your spouse is living in Canada and meets the residency requirements, your spouse can sponsor you again. If you lose your PR and end up being sponsored again, if you are not visa exempt to Canada, there may be a time that you will not be able to visit your family for a while.

 

[st100281]

Thanks buddy ,

Can you or some one else please explain more specifically that as per the law, will i have my PR Card with me until the formal decision comes after admissibility hearing. If i have the PR card with me , that would mean that i can exit and re-enter canada ...

Similarly, in the appeal process (with IOD) will i have my PR card with me ....

any comments on winning the case on H & C grounds based on Canadian born kids ...

many thanks ...

 

[scylla]

If you leave Canada while waiting for an inadmissibility hearing then I think this will pretty much guarantee a refusal at the hearing since leaving the country demonstrates that living in Canada isn't a priority for you.