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Refused TD , appeal in process, please help !

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ccb66 View Drop Down
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    Posted: 21 Jun 2013 at 4:05am
Hello,I need urgent help with my situation, please. Very confused! I became a landed Immigrant in 1969 through my father which he became a Canadian citizen. I married and divorced and had 2 daughters, one is 28 yrs old and lives and works in Canada now and is married, the youngest is 15 yrs old and I have custody. Both are born in Canada. In 2004 my 2 daughters and I left for Italy(country of origin) after my divorce and for family reasons.
In 2012 I applied at the Embassy of Rome for a travel document to go back to Canada and they refused for not meeting the residency obligations, and I do not dispute that, I also wrote a H&C letter explaning my situation, but they also refused it.
I applied for an appeal right away and my appeal was accepted, and I'm waiting for my trial date. 
My youngest daughter and I are suffering hardship for this decision . My youngest daughter wants to go back to Canada , but because of me she can't . I never had problems in Canada , police , government etc.... I have worked in Canada also .
I did not go back to Canada before because I did not have the money , my eldest daughter now is willing to help me, seeing that she has a good job and is married, I  can stay with her until I get on my feet. I also had cancer in year 2000 and I was operated in Canada(Toronto).
Therefore I'm always getting that checked too. But I can work still .
I still have a bank account open in Canada (for my support payments, which I don't receive and should go to court).
I have lots of friends in Canada and they have written letters as testimonies for the appeal on what kind of person I am .  
I still have my social insurance number card and health card . I still have contacts with my family doctor too (in Canada).

THIS IS WHERE I GET CONFUSED: 
THE VISA OFFICER IN ROME REFUSED MY TD , BUT HE WROTE :  TRAVEL DOC. EXPIRY: 2014/01/01
                                                                                       # OF ENTRIES: 1 
WHAT DOES THIS MEAN, PLEASE ??????

ALSO, IN OCTOBER 2012 I WENT TO CANADA FOR 20 DAYS FOR MY DAUGHTERS WEDDING AND THE IMMIGRATION OFFICER AT 
PEARSON AIRPORT STAMPED MY PASSPORT   '' PR 29 OCT. 2012'' , BUT I ARRIVED ON THE 23RD OF OCTOBER 2012 ?!?!
WHAT DOES THIS MEAN? I DID NOT NOTICE AT THE TIME, BECAUSE I WAS WORRIED .
    
My questions are :

1. Can I live in Canada(with my oldest daughter) while waiting for the appeal? And at the same time I can hire a lawyer
 and take care of things in person?

2. Can I work while waiting for my appeal?
3. Can I receive health care while waiting my appeal ?

At the same time I can have my youngest child (which is Canadian ) go to school and proceed with a normal life in Canada.
Its' been over a year now that I can't find work here in Italy ( as you all know the situation in Italy), 
my daughter and I are risking to be out on the streets, we are struggling for months now and we cannot do it no more.
Even if I cannot work in Canada or have all rights as a resident , can I live there till the appeal and have my eldest daughter be a garantor(stating she will support us) for me in the mean time ? 

She does send me money , but with the exchange rate is not worth it , CAD to EURO.

I'm very sorry for writing so much , but I had to explain my situation clearly.
Please I need help , I need to know what I can do legally , I have always done everything legally , therefore I do not want any
trouble in the future .

I do have a case worker , but I cannot get through to him from here seeing I have no money to call long distance,  my eldest daughter called him once and has spoken to him but he does not give the info we need , he talks about other things and he avoids my situation. 
He is a little weird my daughter told me . My eldest daughter, just like me , we want to do everything legally. 

I will appreciate any help .

Please help , I'm afraid for my youngest daughter , I need to know what I can do so if it's ok , we shall leave right away.
We do not have anybody here or any help.
 If after the appeal they decide not to accept than at that time I will cross that bridge and see 
what arrangements to make for my youngest daughter and me . But we need to be there in Canada , we cannot wait any longer.

I see so many people going in and out of Canada and also people who have commited a crime and they can have it excused, why 
then not me ? I have overstayed the 730 days , I know , but can I have a chance? That is the only problem I have and nothing else!

Once again please I need legal help .  

Thanking  you in advance .

Claudia 


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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: 21 Jun 2013 at 3:03pm

You need professional assistance, a lawyer, not a consultant or case worker or anyone other than a qualified Canadian immigration lawyer. I understand, given your financial situation, that looks out of reach.

I understand it is a very difficult situation. My heart aches for you.

There is some chance the H&C argument may be successful. But given the length of time spent outside Canada, that is not an easy one to make. A good lawyer would give you your best chance. Even then, though, well, it looks like a difficult situation.

Your younger daughter can, as a Canadian citizen, return to Canada any time; depending on circumstances, perhaps living with her older sister would be a good idea. But of course that is a very personal decision.

Your older daughter in Canada may be eligible to sponsor you, once you have formally lost PR status (which appears to be the likely outcome here, unless you have good professional assistance making the H&C case in the appeal, and even then, well, it is a difficult case) or if you voluntarily surrender your PR status. But of course she would have to meet the eligibility requirements for that and while I do not know much about the new system for Canadians to sponsor parents, I understand that the financial ability requirements are rather high.

Regarding why you: I could offer some explanation for how and why Canada enforces its immigration laws, or in contrast how and why there are so many instances of others getting away with this or that, but that is not going to help you. And, that would be like trying to explain why a particular individual still has to pay a fine for a speeding ticket she got when there is a steady stream of other cars exceeding the speed limit on the same highway most other days. Only this is a lot more serious than a speeding ticket of course.

Bottom-line, it is not about how good a person you are, or about any higher sense of what is fair or not fair. The law clearly states the residency obligation for Permanent Residents, and that a breach of the obligation renders a PR inadmissible to Canada. Not sure why you did not become a citizen of Canada yourself, between the 1970s and 2004, but that would have been your best insurance against running into a situation like this.

Overall: if there is any way at all for your daughter in Canada to hire, on your behalf, a good, Canadian immigration lawyer, that is what you should do as soon as possible.



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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Post Options Post Options   Thanks (0) Thanks(0)   Quote ccb66 Quote  Post ReplyReply Direct Link To This Post Posted: 24 Jun 2013 at 8:53pm
Thank you for your reply , yes I'm thinking of hiring a good lawyer . But for what I understand I can live and work in Canada till my appeal date, because I have all rights as a PR , till decide to revoke it , at that time I must leave . So I was thinking of getting a lawyer while Im there and taking care of it in person . My eldest daughter and son in law did think of sponsoring me last year when Rome refused, but it takes 54 months from Italy , almost 5 yrs ?!?! I'm 46 yrs old and I need to work asap to raise my youngest , therefore I took the chance to appeal . We thought of otherways , but they reccomended to appeal on H&C and with witnesses at the appeal like my daughters and friends from Canada.  Can you tell me if I can live there and work ? Do I have all the rights of a PR till they take it away ? Also why did Pearson airport stamp my passport '' PR OCT. 29 2012'' I arrived in Canada for my daughters wedding on the 23rd of October 2012 , did they make a mistake ?And will this help entry easier if I go now ?  
Thank you 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 24 Jun 2013 at 10:45pm
A PR does retain many rights pending the outcome of an appeal of the PR TD denial (note: if the appeal is lost or abandoned or withdrawn, PR status is lost), but it is complicated enough that you should turn to and rely on a lawyer's advice, not mine, not anyone in a forum setting like this.

Given the amount of time that has passed since the TD was denied (I am assuming that is what the "Rome" "refused" is in reference to), I would be concerned about the status of the appeal. In any event, it appears time is of the essence. And, indeed, the H&C grounds are probably your best argument (only argument), but again, at this stage of things getting the assistance of qualified legal counsel is the best thing to do. Perhaps by yesterday. At least very, very soon.

I doubt that an error of the sort you say occurred at the POE would have much effect. If you had been in Canada 725 days in the previous five years, maybe it would matter. But, again, this is something to discuss with a lawyer. Isolated facts do not ordinarily control, it is the totality of all the facts, all the circumstances, so a lawyer can go over the whole situation and get a much better idea what matters, what does not, what can be done.   
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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