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robbio View Drop Down
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    Posted: 23 Dec 2009 at 1:05pm

Good morning everyone,

I am in need of some advice.  Here is the situation:

My brother in law arrived with my sister this past May,  He received a PR card back in January.  Last month they had their first child.  As you can see, he is establishing himself here.  The problem is back in India.  There is a civil case going on between his family and someone else.  He is on the papers listed as a defendant.  It is a land case.  Now if he doesnt show up to Delhi in January for a court hearing they will charge him with missing the court date. 

He doesnt want to go back to appear because he is worried they will hold his passport and will not be able to come back.  Will this affect his residency here?  Any suggestions will be helpful.

Thanks
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IslandGirl View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote IslandGirl Quote  Post ReplyReply Direct Link To This Post Posted: 23 Dec 2009 at 8:37pm
As long as - between the date & landed and 5 years after that, he is in Canada for 730 days. he's fine
IE: If he landed on May 1, 2009 - between May 1, 2009 - May 1, 2014 he'd have to be in Canada for 730 days (2 years)

Originally posted by robbio robbio wrote:

Good morning everyone,

I am in need of some advice.  Here is the situation:

My brother in law arrived with my sister this past May,  He received a PR card back in January.  Last month they had their first child.  As you can see, he is establishing himself here.  The problem is back in India.  There is a civil case going on between his family and someone else.  He is on the papers listed as a defendant.  It is a land case.  Now if he doesnt show up to Delhi in January for a court hearing they will charge him with missing the court date. 

He doesnt want to go back to appear because he is worried they will hold his passport and will not be able to come back.  Will this affect his residency here?  Any suggestions will be helpful.

Thanks
Used to be known here as "feb7" - there's no doubt to my gender this way
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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: 23 Dec 2009 at 9:07pm
Beyond not following how he rec'd a PR card (in January) prior to landing in May, the question seems to be more about what might happen in India that could affect his ability to travel internationally, as in return to Canada, more than about how his residency might be affected.

The 730 days in five years is the requirement.

If he could not leave India to return to Canada for years, that could indeed pose a problem.
He might be able to travel back to Canada with the PR card only, particularly if there is a direct flight from India to a Canadian destination, but I am not sure.

But it sounds like your question is really about what he potentially faces in India, and that, of course, is best answered by someone familiar with the Justice System in India and the particular kind of legal proceedings he is involved in there.
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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