On landing was given departure orders.

[nasd]

I am a landed Immigrant in April 2005 all my family left Canada and there are no more Residents of Canada.,I completed my 2 years residency period and my PR card got renewed in 2010 for the next 5 years.Now my PR card is valid till February 2015.I have been in and out of Canada for the past 4 years. From March 2009 to March 2014 I have stayed in Canada for 14 months.I got married and my wife stays in India,I have no kids,wife is not intrested in coming back to Canada
I landed in Montreal Airport on 25 march 2014,and was stop and given departure orders.They have asked me to go for appeal in within 30days.
I went to India in 2013 February because my Mother had and major accident and stayed for 13 months for her nursing and entered Canada in March 2014.
So what are my Chances of coming out of success if I go in for appeal.
please give me some advice.

 

[Cha2]

I am a landed Immigrant in April 2005 all my family left Canada and there are no more Residents of Canada.,I completed my 2 years residency period and my PR card got renewed in 2010 for the next 5 years.Now my PR card is valid till February 2015.I have been in and out of Canada for the past 4 years. From March 2009 to March 2014 I have stayed in Canada for 14 months.I got married and my wife stays in India,I have no kids,wife is not intrested in coming back to Canada
I landed in Montreal Airport on 25 march 2014,and was stop and given departure orders.They have asked me to go for appeal in within 30days.
I went to India in 2013 February because my Mother had and major accident and stayed for 13 months for her nursing and entered Canada in March 2014.
So what are my Chances of coming out of success if I go in for appeal.
please give me some advice.

What kind of orders where you given?

 

[nasd]

Immigration and Refugee Protection Act SC 2002 Chapter 27 (IRPA) applies. The Permanent Resident (PR) is required to maintain his or her Residency Obligation as prescribed under Section 28

 

[zardoz]

In all honesty, I think you will have difficulty winning the appeal. Your mother could have been looked after by your wife, as she was already residing in India. You didn't *need* to be there as well. However, it seems that you are really not that interested in keeping your PR status if you only have 14 months in 5 years... Why bother to appeal if your wife doesn't want to come back?

 

[Leon]

I think you have a decent chance at the appeal with your mothers accident if it's all documented that she needed care and that you were taking care of her, doctors reports etc.

However, if you want to try for an appeal, you should be committed to staying in Canada without leaving for the next 2 years. Processing your appeal can take 1-2 years and if you leave during the processing, it will reflect badly on you that you are appealing for your PR, yet can not be bothered to live in Canada during your processing. If you win the appeal, make sure you have at least stayed long enough to have your 2 / 5 years covered so that you meet the residency requirements again.

However, I have to agree with zardoz in saying that I don't really see why you want to keep your PR if your wife is not interested in joining you. That is unless you prefer living in Canada over living with your wife.

 

[nasd]

Well about my wife not coming to canda is because of her fathers health condition.in future sure she will join me once I get a clear status..About going in appeal what documents I need to attach.Can I apply for one year tempory PR if card expires.I'm very keen to stay in Canada.

 

[BanguTangu]

Hi Nasd, There is something that does not make sense in your case.

You said that from March 2009 to March 2014 you have stayed in Canada for 14 months.
You also said that you landed in Montreal Airport on 25 march 2014.
You also said that your PR card is valid till February 2015.

If I get the calculation right, you had 14 months, plus 10 months between April 2014 and January 2015.
So by March 2015 you will have 24 months in the country.

So there is no way you could have been reported on 25 March 2014, as you said.
Is the information you provided correct?

 

[zardoz]

Hi Nasd, There is something that does not make sense in your case.

You said that from March 2009 to March 2014 you have stayed in Canada for 14 months.
You also said that you landed in Montreal Airport on 25 march 2014.
You also said that your PR card is valid till February 2015.

If I get the calculation right, you had 14 months, plus 10 months between April 2014 and January 2015.
So by March 2015 you will have 24 months in the country.

So there is no way you could have been reported on 25 March 2014, as you said.
Is the information you provided correct?

You are making the same mistake that a lot of people do. Ignore the PR card expiry date, as it is irrelevant to the residency obligation calculations.
The rule is very simple in this case, as he has been a PR for more than five years.

If the OP had been outside Canada for more than 1095 days in the previous 1825 days, on the day that he was "examined" by the Immigration Officer, he would be non-compliant.

He was "examined" at Montreal Airport on 25 March 2014. So, the days being questioned would be between 25 March 2009 and that date. The OP states that between those two dates, he only has 14 months of physical presence, hence the report.

 

[Leon]

Hi Nasd, There is something that does not make sense in your case.

You said that from March 2009 to March 2014 you have stayed in Canada for 14 months.
You also said that you landed in Montreal Airport on 25 march 2014.
You also said that your PR card is valid till February 2015.

If I get the calculation right, you had 14 months, plus 10 months between April 2014 and January 2015.
So by March 2015 you will have 24 months in the country.

So there is no way you could have been reported on 25 March 2014, as you said.
Is the information you provided correct?

If he had landed in 2010, your assumption would be correct. However, like zardoz said, he has already been a PR for more than 5 years so the 5 year period that counts is always the past 5 years regardless of PR card periods. It is not enough to meet the requirements once, renew your PR card and then consider the next 5 years to be a new unconnected period because it's not. It is always a rolling 5 year period.

 

[Leon]

Well about my wife not coming to canda is because of her fathers health condition.in future sure she will join me once I get a clear status..About going in appeal what documents I need to attach.Can I apply for one year tempory PR if card expires.I'm very keen to stay in Canada.

You need medical records and doctors letters in English to prove your case. Show that care was needed and that you were the caregiver. Then you have a chance.

When you are under an appeal, you can renew your PR card for a year at a time but you should seriously limit your travel because for your appeal hearing, you want to show that you have already used your time to get settled in Canada. If they think you are going to continue to stay out of Canada that much but just want the PR to keep in your back pocket, they are move likely to revoke it.

By seriously limiting travel, I mean preferably no leaving Canada except for a family emergency. If you take a vacation, it should be no longer than 2 weeks per year. In Canada, you normally don't get any more vacation time than 2 weeks at a time so this is what is considered normal. When your appeal hearing comes, you should have a steady job and an apartment so you can say that you are already settled and that you will continue to stay in Canada and sponsor your wife if they let you keep your PR.

 

[nasd]

Thanx Leon for the advice sure I will act on what ever things you mention.
I got a question for you sorry for bothering.
What documents I need to attach when I Go for a appeal.