PR Expired

[Jaswal_hardeep]

My Friend Mr. Lally's PR Canada has expired last year i.e. July 2012. Although he visited Canada thrice during that time but due to some personal reasons he had to come back to India along with the Family. He has a Canadian License and his wife had been registered as Nurse in Canada.

Currently his Daughter is studying is L.P.U in twin course i.e. 2 years study in India and 01 Year Abroad. She will complete 2 years by July 2014 and then he would like to go Abroad.

Now Question is Can he Appeal for Revival of his PR if Yes Where should he Apply here in Indian Consulate or in Federal court .

also by when we can expect decision on his case as his daughter has to go by July Next year for Study.

 

[scylla]

What are his reasons for not being able to meet the residency requirement for PR and live in Canada for 2 out of every 5 years?

Financial reasons (having a job outside of Canada) and educational reasons (having children who are attending school outside of Canada) are not accepted as valid reasons for failing to meet the residency obligation.

Also, the fact he has waited more than a year to do anything about his expired status clearly shows he does not have much of a commitment towards Canada and just wants to retain PR status for convenience (at least that's how CIC will probably view it).

If he can prove that he was prevented from living in Canada due to personal or family medical issues, then he might be able to save his PR. However he will have to provide extensive evidence to prove his case (hospitalization records, doctors letters, medical bills, etc.).

He can try applying for a travel document, request humanitarian and compassionate considerations and list the reasons (with proof) of why he and his family were unable to meet the residency requirement. If this request is refused, he can certainly appeal. However he'll have to hire a Canadian lawyer to handle this appeal - which will cost quite a bit of money.

 

[amirsrima]

Not a very positive answer (unfortunately). I have a colleague, who is trying for revival of PR for last 5 years, going through all process of appealing in eligible forums and still nothing positive.

What are his reasons for not being able to meet the residency requirement for PR and live in Canada for 2 out of every 5 years?

Financial reasons (having a job outside of Canada) and educational reasons (having children who are attending school outside of Canada) are not accepted as valid reasons for failing to meet the residency obligation.

Also, the fact he has waited more than a year to do anything about his expired status clearly shows he does not have much of a commitment towards Canada and just wants to retain PR status for convenience (at least that's how CIC will probably view it).

If he can prove that he was prevented from living in Canada due to personal or family medical issues, then he might be able to save his PR. However he will have to provide extensive evidence to prove his case (hospitalization records, doctors letters, medical bills, etc.).



He can try applying for a travel document, request humanitarian and compassionate considerations and list the reasons (with proof) of why he and his family were unable to meet the residency requirement. If this request is refused, he can certainly appeal. However he'll have to hire a Canadian lawyer to handle this appeal - which will cost quite a bit of money.