Not meeting residency obligations + Appeal in process

[bradforduk83]

Dear Sir,

First of all, I need to say that my family and myself did not meet the residency obligation and were stopped at the airport 2 years ago although we had one year still valid period in our PR card. On that day, it was our intention to sincerely stay in Canada and can prove it as our two kids were already registered one at high school and the other at university.
We since have asked for an appeal and after two years we have not been called as yet!!
Now two years later, we had our PR renewed for one year only and would expire on 2013 end.
For the last two years, we lived in Canada without leaving it. Both my daughters are now studying at University and succeeding quite well.
My wife and muself both works as managers (does this help our case in having highly qualified positions?).
We intend to make our case on H & C basis as we are not ready to fight the immigration or lie about it anymore. Also and it is true that I had a secured job outside Canada that allowed me to financially care for my extremelly ill parents that have passed away before us moving to Canada.

I wish to know if we have a case here and what else to do if any. Thank you very much Mr. Leon and others respectefull members for the help.

 

[Leon]

It sounds like you have a good case taking care of your parents but you can not force immigration to give you an appointment so all you can do is wait and continue to renew your PR cards when they expire.

You should actually not have applied to renew your PR cards last year. You should have waited until now to apply and applied with 2 years in Canada in the past 5. However, since they gave you the PR cards, even with a 1 year validity, it doesn't really point to them being eager to revoke your PR status so when you apply now, they might even renew it for 5 years again. Who knows.

If you have 730 days in Canada in the past 5 years right now, preferably a bit more, you can apply to renew your PR card right now because it is less than 6 months from expiry.

 

[bradforduk83]

Thank you Leon.
Indeed I should have waited to apply but I was previously informed that in case one has an appeal in process after being reported by an immigration officer at entry, CIC will only provide a one year valid PR!!!
Agree that we cannot force anyone to set for us an appointment for appeal and hence we have to wait only....may be someone may inform how long they give time for preparing the case I.e time between fixing a date and the appeal date itself.

Worst case, in case the appeal is rejected, would my daughters, who are now 18+, be able to reapply for a fresh PR or get it reaccepted as the case was raised against while they were minors. Please advise.
Also if anyone may share any appeal experience? Thanks and good luck to all of you!!!

 

[Leon]

So I assume you were all reported? If there is an appeal hearing, you should take your daughters with you and they should request that their case be separated from yours as they were removed from Canada as minors through no fault of their own.

 

[Msafiri]

Doesn't matter how long you live in Canada after being reported the time doesn't count towards the residence obligation which is what happened to the OP. It will count if you win at appeal. While under report you get a 1 year validity PR Card. You can renew until your case is concluded. What is your local CIC office? 2 years is on the lengthy side for a hearing before the IRB.

 

[bradforduk83]

So I assume you were all reported? If there is an appeal hearing, you should take your daughters with you and they should request that their case be separated from yours as they were removed from Canada as minors through no fault of their own.

Thank you once again Leon. Indeed, we were reported at the same time as we were travelling togheter. Worst to worst, I will definetely follow you advise in asking for separating the cases so my daughters have another chance.

 

[bradforduk83]

Doesn't matter how long you live in Canada after being reported the time doesn't count towards the residence obligation which is what happened to the OP. It will count if you win at appeal. While under report you get a 1 year validity PR Card. You can renew until your case is concluded. What is your local CIC office? 2 years is on the lengthy side for a hearing before the IRB.

Thank you Msafiri for your input. I fully understand that the time lived after reporting does not count, which is logic. I am still wondering how long it takes between the time one receives the letter inviting for the appeal hearing and the date of the hearing itself? This is to know how long we have to prepare our case.

Could anyone share the appeal hearing experience? Thanks in advance.