Risk of losing PR

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Hello All. 

I'm a high school student in Kuwait. I landed in Canada with my mother in June 2008 and our PR is due to expire in 2013. 

I will be moving to Canada for university next June (June 2012) . I will be almost 18 by that time. 

However, I will have spent 4 years outside Canada and thus not meeting the residency obligation. 

What's going to happen in such case ? Would it be possible to appeal the revoke of PR status ? In case of losing, am I going to be deported from Canada ? 

Do I have any chance of renewing on H&C grounds , I was 14 when I landed in Canada and I couldn't settle there because my mother couldn't find a job at all and she is my only financial supporter (My father died in 2002) , so I wasn't able to move and go to school in Canada by myself because I had no one to support me financially. Are they going to consider that in the appeal ? 

I mean I was younger than 18 and I could do nothing about my mother's situation and I also couldn't stay 
in Canada alone because I was still a child. 

I intend to attend university in Canada and live there permanently now that I will be over 18. 

Is there any possible way for me to avoid deportation. Please share your thoughts with me 

Thank you

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hady96 Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 22 Sep 2011 Status: Offline Points: 1	Post Options Post Reply Quote hady96 Report Post Thanks(0) Quote Reply Topic: Risk of losing PR Posted: 22 Sep 2011 at 9:11am
	Hello All. I'm a high school student in Kuwait. I landed in Canada with my mother in June 2008 and our PR is due to expire in 2013. I will be moving to Canada for university next June (June 2012) . I will be almost 18 by that time. However, I will have spent 4 years outside Canada and thus not meeting the residency obligation. What's going to happen in such case ? Would it be possible to appeal the revoke of PR status ? In case of losing, am I going to be deported from Canada ? Do I have any chance of renewing on H&C grounds , I was 14 when I landed in Canada and I couldn't settle there because my mother couldn't find a job at all and she is my only financial supporter (My father died in 2002) , so I wasn't able to move and go to school in Canada by myself because I had no one to support me financially. Are they going to consider that in the appeal ? I mean I was younger than 18 and I could do nothing about my mother's situation and I also couldn't stay in Canada alone because I was still a child. I intend to attend university in Canada and live there permanently now that I will be over 18. Is there any possible way for me to avoid deportation. Please share your thoughts with me Thank you

Harmonia Members Profile Send Private Message Find Members Posts Add to Buddy List Senior Member Joined: 03 Dec 2009 Status: Offline Points: 609	Post Options Post Reply Quote Harmonia Report Post Thanks(0) Quote Reply Posted: 22 Sep 2011 at 12:50pm
	You could have a problem when returning to Canada next June because of residency obligations. I advise a consult with an immigration lawyer (not a consultant) to explore your options. If you did manage to get into the country without issues (meaning you pass border security without being subjected to a residency determination) you could stay in Canada until you meet the residency obligations and then apply for a renewal PR card. Of course the 'getting in to Canada without issues' is a risky business, so I don't advise planning on this being the case. Note that your PR status is not automatically lost when you fail to meet the RO.... but if you attempt to enter Canada without meeting the residency obligations, and they question you - a few things can happen. They could be lenient (but maybe not), they could do a residency determination and issue a removal order (to which you are allowed to enter the country providing you intend to appeal - presumably on H&C grounds) or they can ask you to voluntarily revoke your status on the spot (I haven't heard of anyone doing this that actually wants to live in the country, but there are cases). Again, best to avoid the risks and ask a lawyer. The consult shoudl be relatively inexpensive. If you are unsure of the advice, try a second lawyer & compare the opinions. I do recall a statement in one of the operations manuals that said something to the effect of: if you left Canada as a minor, in the care of your parent - you will be considered under H&C grounds if you attempt to return to Canada 'at the earliest possible convenience' once you turned 18 or 21. NOTE that this might be pre-IRPA and might not apply any longer. Talk to your lawyer. Figure out the safest way to come to Canada, and use that approach.
	Citizenship App Sent: December 2012

jogruni Members Profile Send Private Message Find Members Posts Add to Buddy List Senior Member Joined: 14 Aug 2011 Location: BC Status: Offline Points: 393	Post Options Post Reply Quote jogruni Report Post Thanks(0) Quote Reply Posted: 22 Sep 2011 at 5:23pm
	Lawyer is my first recomendation too. You should consider to return to Canada as soon as possible, to avoid questions. Have you been to Canada in the meantime for vacation or so? If the absence since you last trip to Canada is just a year or so, it would also reduce the risc of questions. There is a good chance, you will not be questioned when entering with a valid PR card. But it very much depends on the officer, there is absolutely no guarantee. If you manage to enter without questions about your residency obligations, you just have to stay in Canada until you are back in compliance with the 730 days rule. In your case you must not leave the country for 730 days. Then you are back on track and can apply for a PR card renewal. If you should be questioned and the officer might decide to issue a removal order, you have the right to 1. speak to a representative of the minister, 2. to formally appeal. Then you should still be able to enter and stay until your final decision. I think there is a chance of a successful appeal on H&C grounds, as you were minor and did depend on your mothers decision. My recomendation: - Consult an experienced immigration lawyer and be prepared. - Return to Canada AS SOON AS POSSIBLE. - Check out the manuals http://www.cic.gc.ca/english/resources/manuals/ especially OP and ENF section and find the regulation Harmonia mentioned to back up your request to return as a PR on H&C in case you are questioned. - Stay until you reached the 730 days of physical presence.