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Very urgent advice required, Can I Sponsoring my son if my PR Card expired

SNUFY

Newbie
May 27, 2014
9
0
Dear Leon and other experts
My PR Card expired recently (april 2009), though i have H&C reasons to Renew my PR instead i want to complete 2 yrs and apply for renewal.
meanwhile my wife & 2 kids have PR but my 3rd sone doesnt have PR, i want to sponsor my son for PR immediately so that all can join me IN CANADA TOGETHER ASAP

MY question :
1. Can I sponsor on MY Expired PR Card ( under normal criteria i am not meeting RO) ? or
2. shall i apply for my PR renewal under H&C and apply for sponsorship of my son at the same time ?

i need your advice and suggestion on URGENT basis, please help
 

scylla

VIP Member
Jun 8, 2010
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Toronto
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28-05-2010
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You can't sponsor your son if you don't meet RO.

You have two options:

1) Live in Canada until you meet RO and renew your PR card - then sponsor your son for PR.
2) Apply to renew your PR card under H&C. Once your H&C request is approved - then sponsor your son for PR.
 

SNUFY

Newbie
May 27, 2014
9
0
Hello Scylla
Thank you very much for your prompt reply & advice , i will apply for renewal first under H&C , but can you please go through my reason if these fall 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
 

scylla

VIP Member
Jun 8, 2010
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SNUFY said:
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
The time you spend working abroad for your business will not be counted towards your residency requirement. You don't meet the criteria to be able to do this. CIC will say you established this company for the primary purpose of being able to count the days outside of Canada towards your residency obligation and won't let you include these days.

As for what your chances are for being successful with the H&C application - it's really difficult for me to say. You will have to provide evidence (letters from doctors, hospitalization records, etc.) that supports everything you say and that demonstrates that you were really unable to return to Canada during your entire absence to meet RO. Provide as much hard evidence as you can when you apply for H&C. Good luck.
 

screech339

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Apr 2, 2013
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The doctor report would help you with the H&C part of being unable to travel back to Canada due to medical reasons. That's part is fine. The hard part is convincing CIC that you had no choice but to stay behind to look after your wife with the new born. That's part will be the hardest to convince.

I am sure there are plenty of other PRs that gotten into the same situation and CIC is probably very familiar with that. So to say what makes your case of having to stay behind to look after your wife and newborn makes you more special over the other PR who actually had to leave their family behind including newborns for PR sponsorship or to maintain PR RO.

So as mentioned, I think it will be quite difficult to H&C under the condition of having to look after newborn. You were freely able to travel back to Canada once you got better. It wasn't like you were physically unable or prevented from coming back to Canada.
 

SNUFY

Newbie
May 27, 2014
9
0
Thank you Scylla and thanks screech339 , i got gr8 degree of clarity with your replies.
i have two more questions

1. is it must to take legal help for H&C application or if i have documents to support i can do it myself?

2. How do i start writing H&C application is thr particular application Form available or do i have to write it on my own as a Letter addressing to CIC ?

please help as i want to start working on this Application from today itself.

thank you for your assistance
 

scylla

VIP Member
Jun 8, 2010
66,663
9,479
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
1. It's your decision if you use legal representation or not. It's certainly not mandatory and you can certainly do it yourself.
2. To the best of my knowledge you would apply to renew your PR status using the usual process and would then include a letter explaining your H&C situation and providing your evidence / backup documents. I don't believe there is a standard or form for this letter. (Hopefully someone can confirm.)
 

Alurra71

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Oct 5, 2012
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Ontario
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Vegreville
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07-12-2012
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21-01-2013
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waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
SNUFY said:
Dear Leon and other experts
My PR Card expired recently (april 2009), though i have H&C reasons to Renew my PR instead i want to complete 2 yrs and apply for renewal.
meanwhile my wife & 2 kids have PR but my 3rd sone doesnt have PR, i want to sponsor my son for PR immediately so that all can join me IN CANADA TOGETHER ASAP

MY question :
1. Can I sponsor on MY Expired PR Card ( under normal criteria i am not meeting RO) ? or
2. shall i apply for my PR renewal under H&C and apply for sponsorship of my son at the same time ?

i need your advice and suggestion on URGENT basis, please help
I think you need to also consider that if you do not meet the RO, your wife likely does not meet the RO either, which means that your entire family could be a risk loosing your PR, so you had better figure that part out before you begin trying to sponsor just the one son. You may find that you will have to try to come to Canada and sponsor your entire family again.