losing PR, need advice


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darkwing   
Member since: Jan 10
Posts: 1
Location:

Post ID: #PID Posted on: 12-01-10 23:13:15

hi !
i am losing my pr because i have not been able to meet the minimum residency requirements of 2/5 years. i've been out of canada for 4 years out of my pr -- the reason being graduate studies (usa) for 2.5 yrs and then my first job in the industry (h1 b) that has been vital in gaining experience. my parents are pr in canada, and they will fulfill the pr criteria. in the long term, i do want to live in canada, but cannot make a move now (and i am too late to retain the pr anyways). so the next step is to file an appeal to renew my pr card. am i on the right track with this plan ? the other option could be to apply for a new pr in skilled worker category (i got my current pr as a dependent of my father, so "i" am applying for the first time so to say). but i should really try for a renewal and if it gets rejected, go for a brand new app.

thanks.

ps: somebody told me about filling a form called "removal order". this has no relevance to my case, am i right ? thanks.



prince77   
Member since: Apr 05
Posts: 387
Location: Canada

Post ID: #PID Posted on: 12-01-10 23:47:17



I was just wondering....

you paid a hefty fees to an American university:cuss:
you worked on h1b paying taxes to America:cuss:
you want pr for Canada:confused:

prince


Quote:
Originally posted by darkwing

hi !
i am losing my pr because i have not been able to meet the minimum residency requirements of 2/5 years. i've been out of canada for 4 years out of my pr -- the reason being graduate studies (usa) for 2.5 yrs and then my first job in the industry (h1 b) that has been vital in gaining experience. my parents are pr in canada, and they will fulfill the pr criteria. in the long term, i do want to live in canada, but cannot make a move now (and i am too late to retain the pr anyways). so the next step is to file an appeal to renew my pr card. am i on the right track with this plan ? the other option could be to apply for a new pr in skilled worker category (i got my current pr as a dependent of my father, so "i" am applying for the first time so to say). but i should really try for a renewal and if it gets rejected, go for a brand new app.

thanks.

ps: somebody told me about filling a form called "removal order". this has no relevance to my case, am i right ? thanks.


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tamilkuravan   
Member since: Jun 05
Posts: 5775
Location: God's own country

Post ID: #PID Posted on: 12-01-10 23:55:29

Quote:
Originally posted by darkwing
my parents are pr in canada, and they will fulfill the pr criteria


I think that your dad ID. is Paramahans03 in CD.

Peace by TK


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I am a Gents and not a Ladies.


ftfl   
Member since: Jul 06
Posts: 2335
Location:

Post ID: #PID Posted on: 13-01-10 01:45:19

They say that the law is blind. That is the way it should be. This statue is actually called by many names such as, lady justice, scales of justice, and blind justice. Each part of the statue has some significance and represents something different. This statue dates back to ancient Greek and Roman times, and the lady in the statue is THEMIS, the goddess of law and justice.

The scales that she holds represents the impartiality of the justice system and the weight it carries. And the sword represents the power that is held by those making this decision and the force with which it lands to sever is so severe, and yet the two parts severed move about and behave as if they can live without each other. Artists in the 16th century began showing the lady blindfolded, indicating to show that justice is not subject to influence, yet merciful in its execution.

Some decisions that are made after due process of the law, are held in esteem. They stay preserved for a long long time. In this instance, it is called "Cut and Dried". That is colloquial in its usage.

Where does one go with a case like yours? Only time will tell. The reason being, you were dependent when you landed here and hence ought to have gotten your citizenship along with your Parents. Did some body miss that opportunity? If so, it slipped through your fingers. Can you work the same back? You now have a fight on your hands.

You are a Landed Immigrant. You do have a PR Card. That enables you to enter even on the last day of the fifth year. They cannot stop you. They can only ask you to show cause why you cannot be ordered to deport. Yet, the decision that they will make, even if you don't fight it, will not befit the situation that you are in. Yet it is begging for one.

You cannot apply for a second time while you are holding a PR status in your hand. Because you don't apply for something that you already have. Hence the begging for a judgment and for a decision in your case. That is why the show cause.

I have not comprehensively read the book on immigration. But with the thorough knowledge and its workings, you deserve to retain the PR status on H & C grounds. On one hand they will have to ask you, why you cannot be ordered to leave? On the other hand, they will have to allow you to stay. Hence the above mention of "Themis" and the attributes that go with it. You will have to provide sufficient reasoning to let you stay. And in my opinion, you have ample reasons and grounds to allow you to stay.

Yet, One little question remains in the back of my mind, which is, how come you are not a Canadian Citizen? You answer it for yourself. That will do for me.

Hope this makes some sense to you. And the decision that they will have to make will remain in the system for a long long time and will stay "Cut and Dried".

Good Luck.

Freddie.



dudewheresmycar   
Member since: Jan 07
Posts: 980
Location:

Post ID: #PID Posted on: 13-01-10 09:23:09


Canadian residency rules allow u to be out of country for further studies ,

U should return to canada before the expiry of ur PR and apply for ur PR renewal or not leave the country for another 3 years and then apply for citizenship directly . I suggest this return be a return for good if u want to retain ur PR.

PR renewal or citizenship in ur case will take a long time





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