We came to our home country and we did not meet our residency obligation due to my mum's illness, We could not return. We have filed all our case. IAD dismissed our case and we applied to Federal Court. Unfortunately, Federal Court did not even called us for hearing and dismissed our case. What are chances to return back to Canada. I have a Canadian born son with me, he is 7 years old now. I am seriously looking forward to return back but looks like all doors are shut. Can we apply to Supreme Court, we do have a valid reason for not returning back as my mum was sick and unwell. What shall I do no ?
PR CARD EXPIRED
- Thread starter NRanjani
- Start date
You would need to reapply for PR from scratch at this point through an economic immigratio program like Express Entry or PNP.
I do not believe so. Your son could [someday] sponsor you but since he is now just 7 years old...it will be many many years before that is even an option.
Has your PR been officially revoked?
The only paths for PR through your son is once he is an adult and has been living and working in Canada for severals year. There are no paths now for obtaining PR status through your son. You need to qualify on your own through EE or PNP. If you don't have the 67 points for EE, then you'll have to explore the PNP programs to see if there are any options there.
You are right about the son.
PR status would definitely be revoked by now since OP has gone both through IAD and Federal.
Having a Canadian child doesn’t give you any benefit even if your PR is revoked. When your son is an adult, working and making enough money, he may be able to sponsor you. This is years away so the sponsorship program may change but right not it is based on income and by lottery.
How can I check if my PR is revoked. We appeal and had a hearing sesssion with IAD , our appeal was dismissed. We proceed to Federal Court , hoping that they could call for us hearing but it was dismissed as well. Can we appeal again in Supreme Court . I am not sure , how else we could do it to come back. My main aim to get my son to settle back in Canada and not in our our home country.
You need to talk to a lawyer. Having a Canadian child doesn’t give you any right to settle in Canada. You still need to immigrate on your own merits now that PR is revoked.
You should consult with an immigration lawyer regarding the supreme court question. However to the best of my knowledge, you cannot appeal directly to the supreme court. You appeal to the federal court and federal court of appeal. The supreme court will only review your case if leave to appeal is granted through the federal court of appeal. That is my layman's understanding.
You were appealing the loss of your PR status. So at this point your PR status would in fact have been officially lost (that would have happened quite some time ago and what you were trying to do was to appeal that decision).
I assume you must have worked with a lawyer through all of this. What do they advise?
You have to share full details of your case like whether you used the services of a lawyer in the whole process and what was the content of dimissal of appeals to IAD and Federal court and the documents submitted by you etc. You can very well check online your PR status.
GandiBaat
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Who was your lawyer? Why did they not apply Humanitarian and Compassionate ground? Why did they not use H&C consideration of IRPA with Best Interest of Child?
Right now you have exhausted all the options. You might have to start afresh. Consult a lawyer to get a definitive answer.