Print Page | Close Window

IAD Appeal

Printed From: Canada Immigration and Visa Discussion Forum
Category: Canada Immigration Topics
Forum Name: Preserving Permanent Residence Status
Forum Description: How long can a permanent resident remain outside of Canada? Commentaries on preserving permanent residence.
URL: https://secure.immigration.ca/forum/forum_posts.asp?TID=3219
Printed Date: 21 Oct 2020 at 6:03am


Topic: IAD Appeal
Posted By: bunny
Subject: IAD Appeal
Date Posted: 08 Jul 2010 at 7:07am
Became PR In Jan 2003.Returned to home country ( India) to sell proprties etc. Got stuck in homeland because of mother's illness. Went back to Canada in June 2004. Stayed for a month.Had to return again because firstly could not get a job in Canada and secondly mother became serious again. Went To canada again in Nov 2007 to get PR renewed. was told to write to CIC for PR renewal. PR card expired in Jan 2008.
CIC refused PR renewal
Filed case with IAD in Aug 2008.
Hearing to be held shortly.
Will I be able to get back my PR status on Humanitarian and compassionate grounds.
Pls. help



Replies:
Posted By: pmm
Date Posted: 08 Jul 2010 at 3:21pm
Hi

Originally posted by bunny bunny wrote:

Became PR In Jan 2003.Returned to home country ( India) to sell proprties etc. Got stuck in homeland because of mother's illness. Went back to Canada in June 2004. Stayed for a month.Had to return again because firstly could not get a job in Canada and secondly mother became serious again. Went To canada again in Nov 2007 to get PR renewed. was told to write to CIC for PR renewal. PR card expired in Jan 2008.
CIC refused PR renewal

Filed case with IAD in Aug 2008.

Hearing to be held shortly.

Will I be able to get back my PR status on Humanitarian and compassionate grounds.

Pls. help


If you have only spend 5 months in Canada from the date of "landing" to Jan/08, unless you have a spouse/children in Canada you are probably going to have difficulty proving H.& C. grounds. This is especially true if you continued to work in India.

-------------
PMM


Posted By: bunny
Date Posted: 09 Jul 2010 at 2:53am
But wont the argument that " Why should the kids suffer" if the father had certain obligations and had to look after his mother work as H & C factors.Are there cases where they may refuse PR to the parents but allow the kids as now they are majors and were minors around 8 yrs back


Posted By: pmm
Date Posted: 09 Jul 2010 at 1:25pm
Hi

Originally posted by bunny bunny wrote:

But wont the argument that " Why should the kids suffer" if the father had certain obligations and had to look after his mother work as H & C factors.Are there cases where they may refuse PR to the parents but allow the kids as now they are majors and were minors around 8 yrs back


If the kids didn't return after their first opportunity after becoming 18 then that doesn't usually cut any slack with the IAD. You may have had obligations to your mother, but I somehow doubt that she is/was ill for that long and there was no else to care for her.

-------------
PMM



Print Page | Close Window