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H & C case

Discussion in 'Permanent Residency Obligations' started by Shah R, Oct 6, 2019.

  1. Hello,

    I am Rashesh Shah from India. I entered Canada on April 28 , 2011 and became permanent resident. My father was main applicant .After staying there for 80 days , we returned to India. At that time, I was 16 years old . After coming to India, I did my schooling and dentistry. After completion of my secondary education,I turned 18 but my father denied me to go to Canada. Now I want to go to Canada. My PR card expired in 2016 . For that , I made PRTD application in February 2019 and they denied it . After which, I filled H &C appeal. My hearing is on October 21,2019 . What they will ask me ? And how I should reply?

    Looking forward to hearing from you .

    Sincerely yours,
    Rashesh.
    Dr.rasheshshah@gmail.com
     
  2. The chances of approval are almost zero. You never created ties to Canada and didn’t try to return as soon as possible at the age of 18. You don’t have any H&C reasons. You can immigrate on your own. There is a surplus of dentists in Canada so finding employment may be difficult if you get licensed in Canada. This article is a few years old and the problem gets worse every year.

    https://www.theglobeandmail.com/report-on-business/small-business/sb-growth/glut-of-dentists-causes-aches-in-canadas-big-cities/article36322773/
     
  3. I agree with the comment above. Unfortunately you should be expecting the appeal to fail since you are now too old to be claiming H&C because you were removed from Canada as a minor.

    I would recommend that you start looking into Express Entry if you still wish to move to Canada since you will almost certainly have to reapply.

    Good luck.
     
  4. An aside: I am not sure why there has been a surge here in non-responsive posts offering unsolicited commentary which, incidentally but significantly, tends toward overly general judgments unsupported by fact, law, or policy. For example, I assume you realize, based on the denial of your PR TD application, with due consideration given to your education, that the odds of a successful appeal are not good. And perhaps that is why you did NOT ask about the odds or likely outcome.

    I do not have time to offer a full response to the questions you do ask. Moreover, I am NO expert and I am NOT qualified to offer personal advice. But . . .

    "What they will ask me ? And how I should reply?"​

    It is rather late now to begin preparation for a hearing with the IAD. It would be far, far better to have a lawyer representing you at the hearing. And to have the advice of a lawyer in preparing for the hearing.

    The main thing to be prepared to do is to FULLY explain all the factors, circumstances, and reasons why you did not seek to come to Canada sooner. No need to second-guess or predict the weight that will be given to those factors. Too late for that. Just be prepared to fully explain . . . INCLUDING your continued education abroad. Contrary to some erroneous assertions in this forum, yes, continuing education abroad can be a positive factor in making the H&C case why you should be given a chance to come to Canada and keep your PR status.

    There is a tendency among many here to approach factors or circumstances as if there is a fixed rule, and thus you will see comments that factor A is a positive factor (medical emergency for example), Factor B is a negative factor (example: personal choice to continue education abroad), and Factor C is not relevant. In ACTUAL PRACTICE most of these factors can have widely variable weight, and sometimes a factor which usually has negative weight can have positive weight. NO ONE here can reliably offer an opinion about the actual outcome except in the most general RISK or PROBABILITIES sense . . . certain factors tend to increase the RISK or PROBABILITY of a negative outcome (in your situation, how little time you have ever spent in Canada, for example). Some factors significantly increase the probability of a positive outcome (if you had applied for the PR TD years sooner, much closer to when you became an adult, for example).

    BUT it is too late to weigh all the potential factors and decide what to do based on that. You have a hearing scheduled in barely a couple weeks.

    So, again, short of having the assistance of a lawyer, about all you can do is gather all your information about why you have been abroad and be prepared to fully explain all those. Be prepared to affirmatively OFFER, to PRESENT ALL elements of your reasons and circumstances in case the IAD panel does not ask enough questions to fully explain your case. HONESTLY make your case, of course.

    This falls way short of being a comprehensive response to your questions, "What they will ask me ? And how I should reply?" But the key, nonetheless, is to explain WHY you have not come to Canada sooner and then it will be up to the IAD to decide.
     
    Shah R likes this.
  5. Dear Friends,

    I genuinely thank all my friends for reply;however, my question was about questionnaire and you are replying about my chances of getting PR(except
    dpenabill )...! Please reply to the question ,if someone is lawyer here and kind enough to discuss my case with me , I would appreciate their generosity.

    Sincerely yours,
    Rashesh.
    Dr.rasheshshah@gmail.com
     
  6. No one here is a lawyer - we are all normal people like you. If you want to discuss your case with a lawyer you will need to contact one and pay for a consultation.
     
    YVR123, canuck78 and Shah R like this.
  7. Given that you have been refused once and you are appealing you clearly have an idea that this is not something that is likely to be approved on appeal. I don’t share @dpenabill slight optimism about your case. You spent a very short period of time in Canada almost 10 years ago and are now in your mid-twenties. The chances of winning the appeal are very low and I stand by my opinion. Feel free to contact and pay for a consultation or pay for representation. You can decide if you want to spend thousands of dollars on your case.
     
    torontosm likes this.
  8. If someone reapplies PR because of not meeting RO, and receives PR again through express entry, will they get a new SIN as well?? How about old credit and financial history in that case? Or does the old SIN will remain valid?
     
  9. I do not think so. Your SIN should be dormant, so you need to reactivate it. Of course that is only possible with proper documents.
     
  10. You retain the same SIN number. You don’t get a new one. Credit history will depend on how long ago it was.
     
  11. SIN's are ONLY replaced in extremely rare circumstances. Example, identity theft. And no, your credit history will trail after you. Even if you get a temp SIN starting with a 9, then a permanent SIN, the credit bureau will just overlay your credit history onto your permanent SIN
    So if you had bad credit, that history will follow you......
     

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