Inadmissibility for Non-compliance with Residency Obligations (section 28 IRPA)

[76Fiddlers]

For Permanent Residents inside Canada who are given a negative decision on the following grounds - Inadmissibility due to non-compliance with residency rules (because they are in canada for only 467 days and not the minimum required 713, in a 5-year period)...

1) Would some time be granted until their child (currently in 12th grade but turned 18 this september) is able to complete the 12th grade and obtain a transcript of it?

2) Without the 12th grade transcript, it is quite difficult to get into a good college or university.

If there is chance to get this permission until the kid writes the 12th grade exams - how and whom should one approach?

 

[PMM]

Hi

For Permanent Residents inside Canada who are given a negative decision on the following grounds - Inadmissibility due to non-compliance with residency rules (because they are in canada for only 467 days and not the minimum required 713, in a 5-year period)...

1) Would some time be granted until their child (currently in 12th grade but turned 18 this september) is able to complete the 12th grade and obtain a transcript of it?

2) Without the 12th grade transcript, it is quite difficult to get into a good college or university.

If there is chance to get this permission until the kid writes the 12th grade exams - how and whom should one approach?

If the removal order was issued, you can request CBSA delay the removal until the child graduates.

 

[76Fiddlers]

Thank you PMM,

As it stands:

1) The CIC officer's judgement (so to speak) has been received through mail
2) It concludes that the 'Inadmissibility Report' has been send to 'Minister's Delegate' for further action

Suppose this means a removal order is being drawn up...

Now, will writing to the Minister of Immigration or the CIC officer make any difference? Or is it best to wait for a removal order to arrive and then make the request?

Thanks most kindly,

 

[PMM]

Hi

Thank you PMM,

As it stands:

1) The CIC officer's judgement (so to speak) has been received through mail
2) It concludes that the 'Inadmissibility Report' has been send to 'Minister's Delegate' for further action

Suppose this means a removal order is being drawn up...

Now, will writing to the Minister of Immigration or the CIC officer make any difference? Or is it best to wait for a removal order to arrive and then make the request?

Thanks most kindly,

1. You should receive appeal rights. Which will delay the removal until the appeal is heard.

 

[76Fiddlers]

Thank you TMM,

As an aside, the mere mention of hearing, appeal and so forth makes my blood go cold.

Today, I have only myself to blame for damaging my kid's education, my wife's peace of mind and my own career. Not to mention the deep cracks on the nest egg.

Can't stop kicking myself when I need to keep calm and carry on - to be able to leave without damaging my mental health.

Nonetheless, God bless you and all others, for helping out with great tips and friendly advice.