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Entry into Canada and Permanent Residence

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pratik.e View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pratik.e Quote  Post ReplyReply Direct Link To This Post Posted: 24 Apr 2010 at 5:52am
I have a few more inquiries involving the appeal process, should a report be made when I enter Canada.

1. Will I need a lawyer of some sort for this appeal?
2. Should this appeal be unsuccessful, ie, my PR status is withdrawn, will I have to leave Canada or will I be able to continue studying under some other legal status in the country?

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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 24 Apr 2010 at 4:58pm
Assumption for following remarks:
Quote Assuming your PR card is valid, you are allowed to board a plane destined for Canada (see previous post in which I cautioned that Canada has upgraded its overseas screening process at many airports), and that upon approaching the PIL in Canada you are referred to secondary at the POE and questioned as to meeting the residency obligation, and then a report is issued followed by referral (on-site usually, at least at any major airport during regular hours) to the minister's delegate and a removal order is issued:

Foremost: in that process, at the POE, be sure to make an H & C argument -- I don't have a link or url handy, but research the available H & C grounds for this and prepare your best argument before you even go . . . perhaps something along the lines that since landing you always intended to maintain your residency in Canada but had to go abroad because of your parents and you are returning to Canada as soon as possible. But research this for yourself and prepare your personal best argument.

OK, re your specific questions --

Lawyering up --
No, you do not need a lawyer. It would probably be of much help to have a lawyer, but of course expense looms as a very large factor for most people. If you can research cases and the operational manuals and so on for yourself, and are fluent in either English or French (appears you are in English), you can probably competently represent yourself without a lawyer. So, if you can afford one, get a lawyer. If not, do a lot of research and preparation.

You can definitely send in the notice to commence the appeal without obtaining a lawyer first. Be absolutely sure to get that done less than 30 days from the date they issue the removal order -- suggest you not cut this close, give yourself some margin.

Re failure of the appeal --

If you have not lawyered up to this stage, this is when you probably would want to at least consult with a lawyer (many will give a consultation at their usual hourly rate, for time in consultation plus time to open a file) to ask about prospective avenues to obtain some other status to continue your studies.

A further appeal (as in an application for review) may be made to the Federal Court, though a lawyer would be almost certainly required for this . . . but where H&C grounds are at play, there may be enough flexibility in things for this to actually make sense.

While your time in Canada following the issuance of the report will NOT count as days of residency toward meeting the residency obligation, the longer you are in Canada and the more of your studies you have completed, I believe that would have some weight in a decision-maker's evaluation of the equities including specifically the assessment of H&C grounds, so the longer you can delay the appeal process before a removal order becomes enforceable, probably the better your odds are.

However, I do not know how the process goes once the appeal is denied . . . I'd suggest reviewing the relevant enforcement manuals for the various types and procedures involved in the issuance of removal orders; Appendix C to ENF 3 as well as ENF 10 ("Removals") and ENF 11 ("Verifying Departure"). Just remember that the ENF manuals do not tell the full story and do not flesh out the practical application.

That said, I believe you may have an opportunity to apply for a TRP but I am not at all sure about this. Others here are much more familiar with the vagaries of the TRP and under what circumstances one might be obtained.

There may be various ways to apply for either an extended stay or other status. Perhaps others are more familiar with this. If you do not get an answer here, continue to do your research and/or consult with a lawyer (I think this is too complicated, to particular, to get much from most consultants, so I'd lean toward spending money on a lawyer rather than a consultant for this).
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.

BTW: Not an expert, not a Can. lawyer, never worked in immigration
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EaraL View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote EaraL Quote  Post ReplyReply Direct Link To This Post Posted: 26 Apr 2010 at 10:00pm
hi guys i have few questions to ask:

i will be having my interview on 26 of May and im going back to Philippines in the same day right after my that gonna be possible to happen?
the paper that the immigration will be giving is not valid to show in coming back to canada...
is there anybody who have tried my situation???
pls give advice
have a great night!!!
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nav mann View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote nav mann Quote  Post ReplyReply Direct Link To This Post Posted: 04 Sep 2010 at 11:40am
perhaps u should open a new thread for ur topic, there u will be suggested better, have a nice day
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