+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

ahmedito

Newbie
Jan 24, 2014
1
0
Dear Sir/Madam
We hope this email finds you in the best condition. We (myself and my wife) are writing to consult you in our case. We understand that we have breached the residency obligation. We also understand that as holders of valid PR cards, we may be able to enter Canada and stay there for a couple of years and renew our PR card after two years. However, we have a little family with kids born outside Canada as detailed below. We understand that one possible way to accommodate the new situation to let the father go back to Canada and sponsor the kids and the mother after renewing the PR card. Yet, since we put family union as a top priority, we want to sponsor the kids once we go back to Canada based on humanitarian and compassionate circumstances. Hence, we are writing to inquire if our case, as detailed below, falls under this category.
Thanks in advance for your kind advice.
Best regards

Our story with the Canadian immigration started when I get enrolled for a PhD study at University of Toronto in 2003.
In 2004, I applied for the immigration.
In 2006, I got married and I added my wife to the immigration application.
In 2007, we moved to Ireland as I was offered a postdoctoral researcher position at the Department of Computer Science, University College Cork. At this time our application was still under processing at the Canadian Embassy in Egypt.
In 2008, my wife was offered a scholarship for an M.SC degree at University College Cork and she started her study that was expected to finish by December 2010.
Late 2009, our application stared to get processed.
In February 2010, we landed in Vancouver for a short trip and we received our PR Cards when we returned back to Ireland through a friend.
In March 2011, we decided to leave Ireland and we returned back to Egypt. We had two main reasons for returning back there and not traveling directly to Canada at that time
1. The first reason is that we wanted to have children especially that we have been married for five years during which
◦ My wife got pregnant in early March 2007, while we were in Canada, but unfortunately, my wife miscarried by the end of March (she has been to the emergency unit in Saint Michael hospital twice).
◦ Since the miscarriage, we tried to conceive naturally again but we failed.
◦ In Sep 2007, we consulted doctors in Egypt and our tests were normal. We were diagnosed with unexplained infertility.
◦ While we were in Ireland, we tried ovulation induction several times but no success.
◦ We decided that we need to undergo an IVF or ICSI treatments. We find that these procedures cost a lot of money in both Ireland and Canada [REF] while it is not that expensive in Egypt (around 2000 CAD the total cost for a single ICSI treatment in comparison to 7k-12k CAD per trial in Canada). Hence, we decided to move back to Egypt in March 2011.
◦ We first tried for ovulation induction with IUI but again no success.
◦ We started our first ICSI treatment in September 2011. We found out we were expecting our first child in October 2011.
◦ We wanted to deliver this new baby in Canada but we were afraid of another miscarriage especially after six years of waiting. Our first Child was born in June 2012 in Cairo, Egypt.
◦ By that time, we wanted to move back to Canada but we were tied with parents’ health issue as explained below.
◦ With no further treatments, we were surprised that we were expecting our second child in April 2012 and he was born in November 2013.
2. My wife mother has a severe osteoarthritis and she could hardly walk. She always had severe pain and regularly takes strong pain killers. That was a second strong reason for us to return back to Egypt to take care of her.
◦ After many trials with medication, the grandmother could not overcome the pain and she was scheduled for a surgery to replace one knee joint in March 2013.
◦ After this surgery the pain she felt in her knee decreased dramatically and she has another scheduled surgery in February 2014 to replace the other knee joint.

As now our two main obstacles for not going back to Canada are resolved, we are planning to return back to Canada. We know that we have not satisfied the two year residency obligation and to maintain our permanent residence status but we believe we have strong humanitarian reasons that prevented us from doing so.
However, our sons were born outside Canada and we cannot take them with us until we fulfill the two year residency obligation. As parents, we cannot consider this option to stay away from our precious and long waiting sons for this very long period. Additionally, we strongly believe in family unity; hence, we did not consider the option that I travel and stay there to fulfill the residency obligation before sponsoring the rest of the family.
 
You're facing a very difficult situation.

Educational reasons are not accepted as H&C. Financial reasons aren't accepted either. So the only true H&C reason you have for failing to meet the residency requirement is your wife's mother's illness - and this is only a strong H&C reason if you can provide proof that her illness kept you out of Canada from 2011 until now. The other situations you have mentioned are choices in life you made - not reasons for H&C.

Have you tried applying for TRVs and/or TRPs for your children? One option would be to try to bring them to Canada as visitors for two years to cover the period you must live in Canada before you can apply to sponsor them.

I'm not sure your H&C reasons for failing to meet the residency requirement are that strong - so it's very difficult to say if an H&C application to sponsor your children would succeed. It's possible you might end up losing your own PR status in the process - or it could succeed. It's very difficult to tell.
 
one of my coworkers mother who is 80 years old has residency obligation..case...i.heard a lot. .now adays...they r very tough...especialy harper govt...i read whole story. ..i can only say one question...only one of u can travel to canada to keep ur residency...alive...if u want..during all that period...but u prefer some thing else...they will deny case right away...no chance at all...
 
You are at the 4 year mark since you became a PR.... I would be surprised if you do not get reported when you try to land.

I don't see a case for H&C grounds here-you could have had your family in Canada. Your mother in law's medical issues may get a H&C hearing for your wife but I doubt it will do anything for you.

Your only option as I see it is to try and return to Canada (your wife has a stronger case so if only one of you must come that it probably should be her). If you do not get reported stay the two years and then apply for PR card renewal. Once renewed than family sponsorship can take place.If you get reported than you have to wait for the outcome (I see a clear rejection of H&C for you; possible acceptance for her) before deciding on the next steps.

I know you already mentioned that you do not want to immigrate without the kids, in that case I suggest you relinqush your PR and start again

Sorry for the not so good news....GOOD LUCK!
 
Please i need advice!

I came here as a dressmaker which is semi skilled worker but unfortunately my former employer took advantage of the situation. she didnt even give me a day off and i work for 16 hours but she only paid me 8 hours.. so i decided to find another job, my employer now is canadian and they are really good and supportive, i switched job from semi skilled worker to live in caregiver.but after almost 2 years that my work permit in caregiver is about to expired i renew it.. sad to say i got a refusal letter as i am not enrolled in the program..my employer decided to ask for help to MP, luckily i got a new work permit..and the remarks stated are: LMO #______ valid for 2 years as of 10 of nov 2013 no longer on live in caregiver program.. eligible to apply for permanent resident after completing employment requirements

Then what i did is i applied for permanent resident last oct 2012, i got my positive answer when i received my open work permit after 2 1/2 months year 2013 of january.

Last fridays i received an email from cic that after the assesment of my file the officer determined that i am not belong in the live in caregiver class..i got a refusal letter

I am thinking to appeal my case but i think hiring immigration lawyer is cost expensive.

or Can i file it thru humanitarian and compassionate consideration.. because its kind a frustated most especially to my kids.. they are really looking forward to come over here and all the hardwork that i been through..sometimes they are crying cos im far away and i just worrying because i remember the old days when i still in the philippines sometimes my kids dont have something to eat just salt and rice for lunch unlike now that i am here i can give all the best for them and bring them to a better school.. is this reason is strong for me to win the battle that i am hoping for?

thanks!