Hearing coming up - what are the chances?

[Designrat]

Hello Everyone,

my case is bad. Long story short: after 3,5 years in Canada, I went back to Germany with hubby and kids in July 2011 due to family health issues. Hubby decided against agreement to return to Canada, I only found the strength to leave him in 2014, the kids staying with him. Still no job although I did new course work and moved to a very large city, willing to relocate, as my Canadian Diploma does not count here due to old age - 38 (no joke). Applied for a travel visa for myself in November last year as a friend in Canada had a job offer for me and all I wanted was to go back. I was denied, the officer in Vienna decided my Humaitarian reasons weren't enough and the fact that I have children (who want me to go, so they may come later after finishing school) living with dad grounds me in Germany. I appealed and have a scheduled hearing in November via phone-call. I have witnesses that will testify for me. But am scared as hell, because this seems to be my last chance of returning and starting over amoung my friends.
Is there someone who can tell me how a hearing is? What happens afterwards? If I have a chance at all?

 

[Leon]

I wish you had come here before you applied. There was never a need to apply for a travel visa or a travel document. As a German, you could have simply traveled to Canada and taken your chances at immigration. If you had, you would in any case be in Canada now. You might be under appeal but you would be here and able to work while waiting for it.

Generally if you had spent your time taking care of a seriously ill relative and had been able to prove it, you should have sent that proof when you applied for the travel document and it should have been considered. Did you send such proof? It is not enough just to say it because they don't know if you are telling the truth.

If you lose your hearing, you will lose your PR. You can still come as a visitor but if you want to work, you will need a work permit. If your friend can get an LMIA for the job, you may be able to use that to apply for a new PR.

 

[Designrat]

Not good...
thanks for your reply.
I didn't have the documents stating my father's Alzheimer's at the time. A while ago my mother sent me documents with the diagnoses, but there are so many, and in German.
I followed the instructions on the site as I didn't want to run into problems entering Canada again. What do I do now?

 

[Leon]

Not good...
thanks for your reply.
I didn't have the documents stating my father's Alzheimer's at the time. A while ago my mother sent me documents with the diagnoses, but there are so many, and in German.
I followed the instructions on the site as I didn't want to run into problems entering Canada again. What do I do now?

Ideally you would get your documents translated and send them to immigration but I am not sure you have time to do that before the hearing. Failing that, you will have to accept the results of the hearing and move on. Either try to find a way to immigrate to Canada again or stay in the EU.

 

[Mrs hasan]

Hi I have a similar issue hearing coming up on jan 2017 about PR card renewal appeal....long story short I landed in Canada in 2005 and got my PR card through spouse sponsorship I stayed with my husband for 9 months and after that because of his negative behaviours and involvement in illegal stuff v got separated .wanted to stay in canada but my father whose a heart patient got hospitalised and due to his health conditions and saving myself from my husbands abusive and threatening acts I returned to my homeland Pakistan Karachi.once here I applied for divorce in court and got it in one and a half years time after that I planned to travel back to Canada but my parents forced me to again get married and destroyed my PR card and other cards according to there wishes I got married again had a kid and during this all circumstances my PR got expired in 2010 July I applied for travel doc which got rejected in 2011 later they asked me to appeal I appealed for travel doc for PR card renewal and finally got hearing date on 30 jan 2017 I stayed in Canada for 263 days de to all the bad things happened to me in Canada and then in Pakistan now I m married and have two dependant kids and I don't have record or papers of my stay in Canada so IAD asked me to provide witness and my family ties and doc proof of me being in Canada...they asked me to ask my council to get the doc proof and do the rest what r my chances on humanitarian grounds to win the appeal?should I get a council to represent me in court?I m out of Canada from last ten years plz help me out to figure out what to do next.