After applying for determination of PR status
- Thread starter Bmp2100
- Start date
R
rish888
Guest
All right,
So if you're Libyan and you would be returned to Libya, it would be extremely unsafe for you children who are Canadian citizens.
You're children would not have access to health care, quality education, and their life would be very unsafe in general.
When you make your H&C applications, you must mention this, you must also specifically mention your children, who are Canadian citizens, would be subjected to an especially exacerbated high degree of risk given their western citizenship.
Despite your reasons for non-compliance, in general Canada tends not to remove people to unstable nations, in your case given children involved, the officer would need to explain why your children's best interest would not be harmed when removed to Libya. So overall I think you have a good chance.
Note: Officers are obligated under the IRPA to consider the best interest of a child in any decision they make.
I would recommend consulting with an immigration attorney who can help you build a strong case.
So if you're Libyan and you would be returned to Libya, it would be extremely unsafe for you children who are Canadian citizens.
You're children would not have access to health care, quality education, and their life would be very unsafe in general.
When you make your H&C applications, you must mention this, you must also specifically mention your children, who are Canadian citizens, would be subjected to an especially exacerbated high degree of risk given their western citizenship.
Despite your reasons for non-compliance, in general Canada tends not to remove people to unstable nations, in your case given children involved, the officer would need to explain why your children's best interest would not be harmed when removed to Libya. So overall I think you have a good chance.
Note: Officers are obligated under the IRPA to consider the best interest of a child in any decision they make.
I would recommend consulting with an immigration attorney who can help you build a strong case.
thank you Rish!
I did already, and we build up a good case. he also assured me about the result! the problem its taking forever and God knows until when!
its been almost a year now, and I get the nightmare idea that it might take another year or so!! I just want to know what will be the maximum time frame? cause maybe its worth it to speed the process by court! if this process going to take long!
I did already, and we build up a good case. he also assured me about the result! the problem its taking forever and God knows until when!
its been almost a year now, and I get the nightmare idea that it might take another year or so!! I just want to know what will be the maximum time frame? cause maybe its worth it to speed the process by court! if this process going to take long!
R
rish888
Guest
Hi There,
Unfortunately appeals do take a long time.
I don't mean to be the bearer of bad news, but it could take up to 2 years to get a hearing date.
Do your have your temporary PR card? With a validity of 1 year.
If you have that you could use it to travel, however in these types of situations its better to stay put in Canada. It demonstrates your sincerity towards meeting your PR RO and would help in a favorable outcome.
In the short term you may need to give up opportunities, but in return you get to stay in Canada.
If you really need to travel, I would advise you consult with your lawyer.
Additionally, under no circumstances must you go to Libya, if you go there then at appeal you cannot say it is not safe for me as you have gone there.
Unfortunately appeals do take a long time.
I don't mean to be the bearer of bad news, but it could take up to 2 years to get a hearing date.
Do your have your temporary PR card? With a validity of 1 year.
If you have that you could use it to travel, however in these types of situations its better to stay put in Canada. It demonstrates your sincerity towards meeting your PR RO and would help in a favorable outcome.
In the short term you may need to give up opportunities, but in return you get to stay in Canada.
If you really need to travel, I would advise you consult with your lawyer.
Additionally, under no circumstances must you go to Libya, if you go there then at appeal you cannot say it is not safe for me as you have gone there.
Hi Rish,
I don't know if you consider this as an appeal! still I didn't get any result to appeal for.
I will appeal if they refuse to approve my PR card.
so basically you're saying that for the investigation (the word they used in there letter) in Vancouver, it might take up to two years?
I don't know if you consider this as an appeal! still I didn't get any result to appeal for.
I will appeal if they refuse to approve my PR card.
so basically you're saying that for the investigation (the word they used in there letter) in Vancouver, it might take up to two years?
rish888 said:
I tend to disagree. Wife and kids are Canadian citizens, so can simply stay in Canada. They are not being forced out.
The OP here has been outside Canada long enough that he doesn't meet RO, while the rest of his family has got citizenship. They have obviously already been living long distance so there is no reason to think suddenly now the wife and kids will be forced to live with him in a dangerous country.
I would expect a good chance the H&C claim will be denied.
Ultimately a much better solution here is just to renounce PR status or let it be revoked, and simply apply for PR again with Canadian citizen wife as sponsor. Will probably be quicker than any appeals process should the H&C claim be rejected.
I don't think you're right Rob! sorry!
maybe I should have made it clear that my wife is also PR under my application and she also has the same situation. its only my 3 children who are Canadian citizen.
when left Canada I couldn't leave them by them self, so we decided to leave Canada together and they were with me for 5 years.
Now we've been relocating in Canada since end of 2015. moreover, they are dependent on me completely!
I hope I made it more clear.
I know that I have a strong case and that why the officer at the airport was kind of convince and he let me in with out urgent determination!
the Q again is how long it will take more to get the result?
maybe I should have made it clear that my wife is also PR under my application and she also has the same situation. its only my 3 children who are Canadian citizen.
when left Canada I couldn't leave them by them self, so we decided to leave Canada together and they were with me for 5 years.
Now we've been relocating in Canada since end of 2015. moreover, they are dependent on me completely!
I hope I made it more clear.
I know that I have a strong case and that why the officer at the airport was kind of convince and he let me in with out urgent determination!
the Q again is how long it will take more to get the result?
Bmp2100 said:
Your posts state your "family are Canadian citizen", so I assumed that meant your wife also.
If it's just your kids who are citizens and you and your wife are both PRs not meeting RO, then perhaps you have some H&C grounds. Of course with any H&C claim it comes down to discretion of the visa officer reviewing your file, so there is no guarantee on being approved.
As to timing, this is also entirely up to the visa officer so the only ones who really know how much longer, is IRCC. Perhaps you can try contacting your MP?
Hi Guys,
after one year from applying my application in April, 2016.
And CIC asking for extra documents in August 2016.
The CIC replayed this week, asking for the period since I a came to Canada in late 2015 to April 2016 and to present, "have I left Canada?!! and if not prove it!!!
thanks God I got my kids school doc, and the family doc documents, shows that I didn't live Canada.
if I would have left the country "Canada" I would have been I big trouble.
what troubles me the most now after I was relieved slightly, I heard that the CIC can take another year to respond to the inquiry they got which I answered them by sending all the evidence before the due day May 16th 2017.
I was feeling they will finalise my file soon!!
Any idea please with this situation how long it will take to respond to me?? I'm I right that this should be soon with these responses.
after one year from applying my application in April, 2016.
And CIC asking for extra documents in August 2016.
The CIC replayed this week, asking for the period since I a came to Canada in late 2015 to April 2016 and to present, "have I left Canada?!! and if not prove it!!!
thanks God I got my kids school doc, and the family doc documents, shows that I didn't live Canada.
if I would have left the country "Canada" I would have been I big trouble.
what troubles me the most now after I was relieved slightly, I heard that the CIC can take another year to respond to the inquiry they got which I answered them by sending all the evidence before the due day May 16th 2017.
I was feeling they will finalise my file soon!!
Any idea please with this situation how long it will take to respond to me?? I'm I right that this should be soon with these responses.