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urgent advice needed for PR Renewal under H&C

SNUFY

Newbie
May 27, 2014
9
0
Hello Experts advice needed very urgently
I want to apply for renewal first under H&C , but can you please suggest if i have strong case under under H&C Consideration ?
• I got PR along with my wife and kids in 2009, but within two months i have to go back to my home country due to serious health issue of my mother as well my sister.

• when i was in my home country i felt ill and had to be operates under emergency condition on my hand, shoulder and Elbow due to rare infection and was hospitalized for about a month

• It took me four months to recover from the surgery and to be in normal condition

• Once I recovered their were new circumstance which prevented my travel to canada i.e my wife was pregnant and I have to be with her as we have two other kids to be look after and I cannot leave them alone

• After couple of months of my baby was born , further I was compelled to stay back as my wife met an accident and her hip joint was severely damaged and required total hip replacement which is very expensive and critical surgery.

• Since I cannot leave my wife and just born kid I stayed further and wanted to come to Canada along with my family along with new born kid, with the intention of settling in Canada I filed for sponsorship of my new born and I traveled to Canada ahead so that I can get settled before the arrival of my family.

• Accordingly I traveled to Canada in the month of 2012, since I didn’t had any Canadian work experience I decided to start on my own and I started a small computer training centre with the help of two of my friend as partners who has helped me with initial funds to set up the business.

• I went back again to bring my family to Canada but unfortunately my sponsorship application was refused as the reason being told to me was I was not eligible to sponsor as at the time of filing of my application I was not in Canada and should have been staying in Canada. ( I was unaware of this clause when applying)

• I was again compelled to stay back Due to the fact that my wife was suffering from pain and was unable to perform day to day activities and due to her hip problem she was not mobile and it was impossible for her to manage home and kids independently with her health condition. (also they cannot travel to Canada as my new born was not having PR)

• Since I have already established business in Canada based on suggestion of my other partners I have started a working from abroad for this business (offering online trainings) with the same business name as in Canada also I was being told that the days I am abroad handling the operation of the company could be considered by CIC towards my residency requirement.(as working for Canadian company abroad) but i am not sure if this can be considered as i myself is the co-owner of this firm and our revenue is very small to be considered as profit making business

i want to raise my family in Canada due to good education and a great environment here and also i have my brother who is a Canadian citizen here and my Kids are very close to their cousins because they were raised togethre when in India. Now i am back in Canada with the intention of bringing my family in Canada and living here permanently.
what ever i have highlighted are facts but i need to put it across properly, but Can i stand chance under H&C for PR Renewal.
THANKS A LOT FOR YOUR INFO AND ADVICE
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
I can answer your last question about your "Canadian business". The answer is "No". Sorry but it's not even close to qualifying for the residency obligation exemption.

For the rest, maybe you have a chance for H&C but it might be worth asking for legal assistance in formulating an application. There is a lot of risk if you go into this unprepared.
 

SNUFY

Newbie
May 27, 2014
9
0
thank you Zardoz for my help
but do you feel Legal assistance is mandatory for H&C case or i can do it myself as i have medical records etc.
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
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Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Totally your choice.

However, if you fail at H&C, you could lose your PR status completely. Is that a risk you are prepared to take?
 

Msafiri

Champion Member
Nov 18, 2012
2,667
103
Job Offer........
Pre-Assessed..
Snufy,

1. What is your shortfall in days?

2. Why do you need a PR Card if you are now back in Canada?

3. Your company set up doesn't meet the Canadian Business criteria - sorry its a mom and pops set up that CIC will deem and easily prove is for evading the RO. In fact there is a risk if you get some CIC lawyer out to make their name they may try and get you on misrepresentation so don't bother with this route.

4. Your H&C grounds had merit when you were injured...the moment you started staying in India due to the kids then it started falling apart. Why can't you travel back to Canada and have the child born here is a question you will be hard pushed to answer. Were there medical grounds preventing travel?

5. You can't expect CIC to try and fit around your lifestyle...you get 2 years to be in Canada and 3 years out...that's a 40% requirement. Your injuries don't even add up to using up half of the 40% time so its not looking good but you never know with CIC they may feel sorry for you...but what if they don't?

6. Those who appear to have most success in your situation are those who stay put in Canada for 2 years (it will go by fast) and get your RO back on track. You are already in Canada without being reported which in itself is a major challenge...are you ready to do the time?
 

SNUFY

Newbie
May 27, 2014
9
0
Thank you for your reply that is important information you have shared

Yes now i am back and living here, but when i came here in April i thought i could able to get PR Renewed and within couple of months i can get my entire family in Canada, but I see my case is hopeless unless and until i stay back here 2 years living my wife and kids alone. its very very difficult choice i have to make.

Is it possible for me to go back and re-enter Canada in case of very critical requirement or emergency? please advice
 

keesio

VIP Member
May 16, 2012
4,795
396
Toronto, Ontario
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
09-01-2013
Doc's Request.
09-07-2013
AOR Received.
30-01-2013
File Transfer...
11-02-2013
Med's Done....
02-01-2013
Interview........
waived
Passport Req..
12-07-2013
VISA ISSUED...
15-08-2013
LANDED..........
14-10-2013
SNUFY said:
Is it possible for me to go back and re-enter Canada in case of very critical requirement or emergency? please advice
Every time you do this, you are taking a risk of getting reported and losing your PR. Are you comfortable with this risk?
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
SNUFY said:
in case i enter through US still will i be reported ?
Yes, you could be. It doesn't matter HOW you enter, because all it takes is one vigilant officer to stop and check you. In theory, they should always report you if they suspect RO non-compliance, but in practice they don't.
 

Msafiri

Champion Member
Nov 18, 2012
2,667
103
Job Offer........
Pre-Assessed..
SNUFY said:
Thank you for your reply that is important information you have shared

Yes now i am back and living here, but when i came here in April i thought i could able to get PR Renewed and within couple of months i can get my entire family in Canada, but I see my case is hopeless unless and until i stay back here 2 years living my wife and kids alone. its very very difficult choice i have to make.

Is it possible for me to go back and re-enter Canada in case of very critical requirement or emergency? please advice
The problem with breaching the RO is that you give yourself no margin for such emergencies. We've seen on this forum applicants who keep playing roulette with the RO and sometimes karma bites you bad so if you are willing to take the risk be prepared to lose your PR.