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manika wadhwa

Newbie
Aug 21, 2018
5
0
Hi there,
I landed in Canada and became a permanent resident of Canada in Dec1998 . My husband became a permanent resident in 2003. I have two Canadian children.I was issued a RRP twice.I am a doctor(radiologist) and cleared American Registry Of Diagnostic Medical Sonography (ARDMS) Examinations and was working in Canada ,when I had to come to India in 2009 due to the deteorating medical condition of my mother in law .Since my husband is the only son of his parents,and his parents were not keen to accompany us to Canada,we had to stay in India with them .Then my father in law suffered from stroke and my mother in law had to undergo total knee replacement for her extensive osteoarthritis.The tough medical condition of my parents affected our decision to go back to Canada.
Our PR expired in 2014.We had not been able to go to Canada since 2009.
I want to apply for a travel document to go back to Canada and settle there permanently. I have applied for my Canadian Entrance Exams which are due in Feb 2019. My children want to persue their studies in their country .
I wanted to know what are the chances of me getting a travel document in such a situation and should I file the application myself or should I seek help and guidance from a professional lawyer in this case . Kindly advise me .
And also I want to know what is the Express Entry to Canada and what is the eligibility criteria
 
manika wadhwa said:
Hi there,
I landed in Canada and became a permanent resident of Canada in Dec1998 . My husband became a permanent resident in 2003. I have two Canadian children.I was issued a RRP twice.I am a doctor(radiologist) and cleared American Registry Of Diagnostic Medical Sonography (ARDMS) Examinations and was working in Canada ,when I had to come to India in 2009 due to the deteorating medical condition of my mother in law .Since my husband is the only son of his parents,and his parents were not keen to accompany us to Canada,we had to stay in India with them .Then my father in law suffered from stroke and my mother in law had to undergo total knee replacement for her extensive osteoarthritis.The tough medical condition of my parents affected our decision to go back to Canada.
Our PR expired in 2014.We had not been able to go to Canada since 2009.
I want to apply for a travel document to go back to Canada and settle there permanently. I have applied for my Canadian Entrance Exams which are due in Feb 2019. My children want to persue their studies in their country .
I wanted to know what are the chances of me getting a travel document in such a situation and should I file the application myself or should I seek help and guidance from a professional lawyer in this case . Kindly advise me .
And also I want to know what is the Express Entry to Canada and what is the eligibility criteria
Click to expand...

In the western world like Canada sisters are equal siblings to brothers and thus share equal responsibilities when it comes taking care of their parents. If your husband has sisters (which I am assuming from what you have written) and they are living in India, you simply do not have H&C case (yes you can try it, but be ready for it to be denied just because of that).
Your children if they are Canadian can pursue their studies in Canada (nothing is preventing them to come alone and study). Of course if they are minor and you will not give them permission, they will have to wait until they are 18 to act on their own.
 
Thanks vensak, I totally agree but my husband ‘s sister is married in a different city and it was impossible for her to leave her home n kids n live with my mother in law for almost a year . And yes my children are yet 13 and 15 and can’t live independently in Canada , but they want to go back to their country now to study n settle .They totally dislike my idea of coming back to India at that time . They are actually quite upset with their parents.
I’m quite worried now and I know my chances of getting TD are very weak .
 
A couple of options. You can always cross at the US border I to Canada. You may be reported for RO, or you may not. It seems to depend on luck. The advantage being you can enter Canada regardless of being reported. You would be able to appeal being reported, quoting your H&C reasons, and also establish yourself and your children, which would be beneficial. If you aren’t reported, remain in Canada the 2 years until you can renew your PR.
Or, renounce your PR if you are eligible to immigrate again. But make sure you qualify first.
IMO, the last thing you should do is apply for a PRTD. But don’t renounce until you know you qualify.
As mentioned, it will most likely result in a rejection.
 
manika wadhwa said:
Hi there,
I landed in Canada and became a permanent resident of Canada in Dec1998 . My husband became a permanent resident in 2003. I have two Canadian children.I was issued a RRP twice.I am a doctor(radiologist) and cleared American Registry Of Diagnostic Medical Sonography (ARDMS) Examinations and was working in Canada ,when I had to come to India in 2009 due to the deteorating medical condition of my mother in law .Since my husband is the only son of his parents,and his parents were not keen to accompany us to Canada,we had to stay in India with them .Then my father in law suffered from stroke and my mother in law had to undergo total knee replacement for her extensive osteoarthritis.The tough medical condition of my parents affected our decision to go back to Canada.
Our PR expired in 2014.We had not been able to go to Canada since 2009.
I want to apply for a travel document to go back to Canada and settle there permanently. I have applied for my Canadian Entrance Exams which are due in Feb 2019. My children want to persue their studies in their country .
I wanted to know what are the chances of me getting a travel document in such a situation and should I file the application myself or should I seek help and guidance from a professional lawyer in this case . Kindly advise me .
And also I want to know what is the Express Entry to Canada and what is the eligibility criteria
Click to expand...

With a 9 year absence, chances of approval are low. You will likely have a hard time convincing IRCC that you needed to be absent that entire time
 
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manika wadhwa said:
Thanks vensak, I totally agree but my husband ‘s sister is married in a different city and it was impossible for her to leave her home n kids n live with my mother in law for almost a year . And yes my children are yet 13 and 15 and can’t live independently in Canada , but they want to go back to their country now to study n settle .They totally dislike my idea of coming back to India at that time . They are actually quite upset with their parents.
I’m quite worried now and I know my chances of getting TD are very weak .
Click to expand...

Your husband is married with children as well And he was living in Canada.. Did is stop him from taking care of his parents? No.
So living in a different city is not really an issue as your parents could easily relocate to the city of his sister. (their personal preferences of their old house do not really matter as the relocation was not blocked because of any legal issues - like they had no residential permit to stay in the country of your sisters).

I would even go as far as to suggest to not to try to cross as a whole family but to do it in 2 batches (to increase the chances that at least one of you make it unreported). The second person will than worst case loose his PR and will have to wait out 2 years before the first one can sponsor him again.

Also even if you both get reported you can still fight the lost battle for the simple reason for children to go to school there (if you decide to do so) that would be beneficial for the older one (I would assume, that it will take like 2 years for you to completely loose the case and then be forced to leave (by that time your older will be nearly an adult so that one can stay in Canada).

Good luck.
 
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Buletruck said:
A couple of options. You can always cross at the US border I to Canada. You may be reported for RO, or you may not. It seems to depend on luck. The advantage being you can enter Canada regardless of being reported. You would be able to appeal being reported, quoting your H&C reasons, and also establish yourself and your children, which would be beneficial. If you aren’t reported, remain in Canada the 2 years until you can renew your PR.
Or, renounce your PR if you are eligible to immigrate again. But make sure you qualify first.
IMO, the last thing you should do is apply for a PRTD. But don’t renounce until you know you qualify.
As mentioned, it will most likely result in a rejection.
Click to expand...
You think I can enter Canada through US
 
Absolutely. Once CBSA establishes you are a PR, you are guaranteed entry (unless you are a criminal or something :)). The question will be whether you are reported or not. And even if you are, you can still enter.
Keep in mind, if you use this approach and successfully enter Canada Without being reported, you are looking at remaining 2+ years without leaving before you can apply for a PRTD.
 
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Passport, PR card if you have one, your COPR. If you are reported, you will have 30 days to appeal the decision. If you don't appeal, you will loose you status after the 30 days....no exception. If you do choose to appeal, as vensak has mentioned, you are looking at between 1-2 years for the appeal process. And he is correct in not showing up as an entire family moving back. Personally, since your kids can travel anytime, I would make the crossing alone with minimal luggage. The kids can travel later, on their own if necessary and bring additional "stuff".
Again, this is not a sure fire means of retaining your PR status. These are options to return to Canada. The drawback to this is you could spend the next 2 years in Canada and find an appeal unsuccessful and that all you have established during that time was for nothing. you would also be 2 years older, leaving you fewer point if you choose to try to immigrate after a refused appeal. There are benefits and drawbacks to any of the options. It may be easier, faster and less stressful to apply through one of the immigration programs if you qualify and just renounce your PR and start over. You need to research carefully what is going to work best for you.
 
Thanks for bringing all those options in front of me . I will do the research work and then decide what seems the best for me ( going to be tough though)
 
Have you investigated how hard it will be to e able to practice in Canada? It is incredibly difficult. Not sure if you have not practiced for 10+ years or whether you have been working in India as a physician.
 
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It might help you to review some of the cases that end up going for review to see what they tend to allow and/or disallow. Search for residency obligation.....you should end up with a ton of research material. or just go through the cases by month....I've added links for July this year..Stick to cases from the last few years initially.

https://www.canlii.org/en/ca/irb/

https://www.canlii.org/en/ca/irb/doc/2018/2018canlii72634/2018canlii72634.html

https://www.canlii.org/en/ca/irb/doc/2018/2018canlii72714/2018canlii72714.html

https://www.canlii.org/en/ca/irb/doc/2018/2018canlii72633/2018canlii72633.html
 
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You also mention that you have not been able to go to Canada since 2009. When was the last time you were living full-time in Canada? You are definitely going to struggle to keep PR if you get reported.
 
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