PR cards expire one year ago. How to return to Canada?

[Vadym1977]

I do not want to participate in the corruption. I just understand that quality services are not cheap. But I do not want to get on scammers. I just meant that I am ready to pay well to a real specialist.

 

[canuck78]

I do not want to participate in the corruption. I just understand that quality services are not cheap. But I do not want to get on scammers. I just meant that I am ready to pay well to a real specialist.

Fees and quality are not necessarily linked. Lawyers make money by taking on clients so unfortunately many will say they can help but the chances are actually quite low. You don’t need an immigration lawyer. The big issue is whether you get reported at the border. Getting a work permit will take time. Most take 4-6 months and you have to find an employer willing to go through the process. Far from a guaranteed back-up plan even if you have friends.

 

[canuck78]

About kindergarten and school - those two children who do not have PR status, they are still very small, and if we need to live 2 years and only if their sponsor is us appropriate. Since they go to school at the latest in 3 years. And if I give to kindergarten, then in Ireland I need to pay from 1200 СAD per month.
With regards to medicine, in Ireland, I pay for receiving a child of 200 Canadian dollars (I specifically change from the euro). I do not think that in Canada I will be more expensive if I buy full insurance for them.
There is free medicine in Ireland, but practice shows that they can hurt a child. And not like in Canada. We live in a relatively large city for Ireland, but the nearest hospital from us is 45 kilometers away. And in order to pass medical tests, you need to go 85 kilometers and wait for a live queue.

I highly doubt a large city in Ireland doesn’t have a hospital. Probably not a children’s hospital but many Canadians also live 45km from a hospital and thousands of kilometres from a children’s hospital. There are large numbers of Canadians without family doctors and waiting months to years for a specialist so definitely can’t use medical care as a reason.

 

[k.h.p.]

From another IAD case:

[16] The appellant testified that there would be hardship to her if the appeal was dismissed, as the family would have to continue to struggle in India. The appellant stated that it is her dream to work in Canada, and she intends to keep upgrading her skills to facilitate this dream. I find the appellant’s desire to relocate to Canada is motivated by her desire for her child to be educated in Canada. I find the appellant’s actions in returning to India and not attempting to come back to Canada until her daughter is close to graduation to suggest that she made a conscious choice to abandon Canada for India and now that her daughter is in high school and she perceives education in Canada is better than in India, it has become opportune to renew her PR status. I am unable to see any hardship to the appellant if the appeal is dismissed. Her life would continue the way it always has, and the status quo in India would be maintained. I therefore weigh this factor as a negative in my examination of H&C considerations in this appeal.

 

[Vadym1977]

am simply comparing countries because I already have experience. And at the moment I see where it is better and so on. In Canada, we lived in Edmonton. Here is a city of 50,000 population. For Ireland, where only 4.5 million, it is a big city. Hospital for all 45 km from us, not only for children. My wife cannot give blood for a test for about 6 months as a live queue, and she cannot sit and wait 6-7 hours with a child of 8 months. In Edmonton, we booked an online test at 7 am, came in, passed, and at 7.15 were free. This is just one little difference.

 

[k.h.p.]

So let's look at it this way. You and your wife somehow get back to Canada and are reported in breach of your RO. You're substantially in breach of your RO, so you have to have substantial humanitarian and compassionate grounds, including the interests of your children, to balance off the breach and allow you to stay.

What are the grounds? What hardships will you face if you are not allowed to remain in Canada?

If it helps, this is what the IRB/IAD uses to start an analysis on cases like yours:

The following non-exhaustive factors are relevant to this residency obligation appeal:

• the extent of the non-compliance with the residency obligation;

• when and why the Appellant left Canada;

• the degree of the Appellant’s establishment in Canada;

• whether the Appellant made reasonable attempts to return to Canada at the first opportunity;

• the Appellant’s family ties in Canada and the potential negative impact such family members would experience if the Appellant lost his status; and

• the hardship the Appellant would suffer if he lost his status in Canada.

 

[Vadym1977]

I am not a lawyer, so I cannot evaluate what and how. I can only tell the lawyer everything about our life, with the confirmation of each word. Just on the forum it will take more than one page. At the moment I am trying to transfer from Europe to Canada. But in order to finish this I must be in Canada.

 

[k.h.p.]

Good luck. I look forward to reading your appeal summary.

 

[Vadym1977]

At that time we returned to Ukraine, because of the hostilities that began at that time in Ukraine, our relatives were in danger. They killed my father, my wife's grandmother is bedridden, and so on. You can continue this ...

 

[Vadym1977]

Good luck. I look forward to reading your appeal summary.

Thank. I did not want to offend anyone.

 

[k.h.p.]

And you left Ukraine for Ireland. Not Canada. That counts against you.

 

[Vadym1977]

At that moment, the weather influenced our decision and the fear of a wife to give birth away from her relatives. Fighting, and a lot of other factors. It was necessary to take relatives away from all of this. I say, to describe this situation is not enough for several pages of the forum.

 

[Vadym1977]

And you left Ukraine for Ireland. Not Canada. That counts against you.

I could not take my relatives to Canada so quickly.

 

[k.h.p.]

And your decision not to return to Canada because of the weather, and instead avail yourself of residence in Ireland, is indicative of an abandonment of Canadian PR.

If you are planning on claiming H&C grounds to waive a residency obligation, you need a better reason than "the weather" was not to your liking. The climate in Ireland and parts of Canada is very similar. It cannot be seen to be an influential factor in not returning to Canada at the earliest opportunity.

You had PR status in Canada and could have returned then. In claiming external factors that prevented you from returning to Canada to use your PR status, you should have returned to Canada at the earliest opportunity. Once you felt like you didn't like Ireland anymore wasn't the earliest opportunity.

 

[k.h.p.]

Is what I'm saying similar in principle to what some of your lawyers that you've consulted are saying? It may well be. Other lawyers may have different views. I don't know if you have a solid case, but lawyers are definitely where you should be going. Start with Campbell Cohen.