Appeal or sponsorship- advise me

[Moses Bahrain]

Dear all

I appreciate very much any comments that may help regarding my case

I am a permanent resident of canada , my family is in canada now ( since Aug 2011 , they are also permanent residents) , because of my work outside canada I was issued a departure order in june 2012 while I was in a visit to my family due to residency obligations reasons , I appealed the order , now I need to know the following:

1- When could be (approx.) the hearing session , does it take years
2- Is there chance for me to win the case , based on the fact that I am way from Canada because I want to support my family financially
3-Do you advise me to drop the PR now and let my wife start the sponsorship process because I really now want to settle in canada but afraid if I drop PR now and go to canada permanently to have uncertain circumstances in future regarding immigration status

 

[khakalove]

Dear all

I appreciate very much any comments that may help regarding my case

I am a permanent resident of canada , my family is in canada now ( since Aug 2011 , they are also permanent residents) , because of my work outside canada I was issued a departure order in june 2012 while I was in a visit to my family due to residency obligations reasons , I appealed the order , now I need to know the following:

1- When could be (approx.) the hearing session , does it take years
2- Is there chance for me to win the case , based on the fact that I am way from Canada because I want to support my family financially
3-Do you advise me to drop the PR now and let my wife start the sponsorship process because I really now want to settle in canada but afraid if I drop PR now and go to canada permanently to have uncertain circumstances in future regarding immigration status

Hi,
Plz go to thare......http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.1920.html

 

[scylla]

Hi,
Plz go to thare......http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.1920.html

That link won't be of any help. The link you provided is for individuals whose PR applications have been refused.

The OP has lost his PR status due to failing to meet the residency obligation and is asking about the appeal process. Totally different situation.

 

[Leon]

1- When could be (approx.) the hearing session , does it take years
2- Is there chance for me to win the case , based on the fact that I am way from Canada because I want to support my family financially
3-Do you advise me to drop the PR now and let my wife start the sponsorship process because I really now want to settle in canada but afraid if I drop PR now and go to canada permanently to have uncertain circumstances in future regarding immigration status

1. I don't know.

2. The way immigration will see it is that it was your choice to stay outside Canada and work rather than look for work in Canada so it was your choice not to meet the RO. Have you stayed in Canada since you were reported or did you leave again? If you have stayed and are settled in Canada and working in Canada now, you have some chance that they will see that you are now settled and that it would be in the best interest of your children that they let you keep your PR so you can continue to stay. If you left again, they would say that you are obviously not ready to settle and that your children's lives are not affected if you lose your PR because you are not living with them anyway and so you don't have much hope.

3. Depending on 2, if you didn't leave Canada after your appeal and are settled and working in Canada now, I think you should let it roll. If you left after your appeal and are still working outside Canada, you should withdraw your appeal and ask your wife to sponsor you. You will not be refused sponsorship even though you lost your PR. You will get a brand new PR with no issues.

 

[Msafiri]

1. 12-18 months before the Immigration Appeal Division (IAD) and possibly another 12-18 months before the Federal Court (FC) if whoever loses at the IAD decided to further appeal. This second appeal must be on a point of law and requires permission from the FC.

2. No - working abroad is a lifestyle choice. There are hundreds of thousands of PRs living and working in Canada so to be blunt the courts will ask why you think you are so special to be exempt from the residency obligation....if getting work in Canada is an issue CIC could argue they are doing you a favor by removing you and your family so you can be where the work is...sorry you can't have your cake and eat it until you become a Citizen.

3. Weigh up the hassle and stress of the appeals including the time for hearings and the need to be in Canada for this against the likely shorter time to process a sponsorship application. Is there any thing that can be an issue for this sponsorship e.g. criminal convictions for you/ your spouse or any medical issues for you? You will get a fresh 5 year period to plan your immigration situation but if you keep working outside Canada you will be back here in a few years with the same situation.

good luck