Expired PR

[Belloghattas]

Hi there,
My PR for me and my family is expired in 2012 and I have one Canadian son who born there.
I applied for H&C case to regain my PR since I couldn’t live for 730 as I had tough medical situation for my parents and this affected my decision to stay for good in canada.
My H&C case is rejected so what shall I do now?
Does this mean I lost my PR forever or I can come through Usa and stay for 2 consecutive 2 years then apply for renewal.?
Regarding to the landing record,one senior lawyer told me u will never lose it so what is my status of this if my H&C case is rejected .
I am so serious to go to live in canada specially I have 3 children and one of them is Canadian and his right to live with his family there?? Also for the other 2 sons what is their fault to lose their Pr of me their father couldn’t comply with residency regulations cuz of my tough personal conditions??
I need a professional lawyer to help in answering this pit in consideration that I have the SIN,driving license,OHIP,Canadian boy,
Bank account and all others and passed half the way to finish the pharmacy license.
I love Canada and want to be back so plz need a inverse advise to help me

 

[canuck78]

Did you appeal you H&C rejection? If not yes you have lost your PRs. Even if you appeal there is not a very good chance that you would win on appeal. The lawyer is incorrect, you can definitely lose your PR. Your Canadian son can return as an adult on his own. You are also free to reapply for PR if you still qualify.

 

[zardoz]

Hi there,
My PR for me and my family is expired in 2012 and I have one Canadian son who born there.
I applied for H&C case to regain my PR since I couldn’t live for 730 as I had tough medical situation for my parents and this affected my decision to stay for good in canada.
My H&C case is rejected so what shall I do now?
Does this mean I lost my PR forever or I can come through Usa and stay for 2 consecutive 2 years then apply for renewal.?
Regarding to the landing record,one senior lawyer told me u will never lose it so what is my status of this if my H&C case is rejected .
I am so serious to go to live in canada specially I have 3 children and one of them is Canadian and his right to live with his family there?? Also for the other 2 sons what is their fault to lose their Pr of me their father couldn’t comply with residency regulations cuz of my tough personal conditions??
I need a professional lawyer to help in answering this pit in consideration that I have the SIN,driving license,OHIP,Canadian boy,
Bank account and all others and passed half the way to finish the pharmacy license.
I love Canada and want to be back so plz need a inverse advise to help me

If you applied for PR Travel Documents for all of your family, and they were all refused, then all of you have lost your PR status, subject to appeal.
This includes any children, regardless of the reasons behind your decisions. If, on the other hand, you have not yet applied for PRTDs for the children, they remain with PR status and might be able to make a separate H&C application when they reach the age of majority, on the basis of being removed as minors. Just because you have a Canadian child, you don't get a free pass to not meet the residency requirements and it won't help you to return to Canada.

One other thing, the USA land border crossing will not help you either now. It's far too late to use that loophole.
Definitely get a new lawyer. Your existing one doesn't appear to be very good at explaining things, or simply doesn't know the legislation.

 

[Buletruck]

How long ago did you get the notification your PRTD was rejected? If it’s less than 60 days, you could still file an appeal. That does not guarantee that you or your family will retain your PR. The process is fairly lengthy and assuming you haven’t been in Canada for the last 365 days,IRCC is under no obligation to provide you a PRTD to return for the appeal. Crossing at the US border into Canada will allow you to be here for the appeal, but since your PRTD has been rejected, days in Canada will not count towards residency, so living 2 years and renewing is not an option. Having a child as a citizen doesn’t afford you or the rest of your family special privileges and in fact, as he has lived outside of Canada for what seems an extended period already, best interests of the child will have limited impact IMO.
If you are going to appeal, I would be looking for a very good immigration lawyer in Canada (try the forum sponsor, Canadavisa.com). IRCC doesn’t miss many details in situations like this, so I suspect you are in for an uphill battle. I’d say your chance of retaining your PR are less than 50%. It may be easier, cheaper and faster to let your PR go and reapply fresh.