Posted on: 18-04-08 22:16:51
I became a am a PR of Canada in 2004 but presently I am in India I can not return to Canada now as I will be not able to hold the PR status on Feb 2009 as I have not accululated 2 yrs physical presence in Canada my PR Card will expire on Feb 2009
How Can I appeal to IRPA for retaining my PR cards on H & C outside Canada i.e from India whhere are the forms availabe for it ? Where to send them
Pl advise me and help me
Regards
Raju
Please see a Lawyer there in India and ask him to read and explain to you what these documents say.
You can search this website and other Internet links and get more details if there were other cases, similar to yours have been helped.
Here is a little description of what it is that you can do and if you want to pursue this matter further, it provides you how to go about it. Also it has to be a deserving case and should fall under the criteria of Humanitarian and Compassionate grounds. Here is the article:
Humanitarian and Compassionate Grounds
Where you or your family members are unable to meet the residency obligation, it is still possible to retain your status as a permanent resident of Canada. This may occur where you have presented evidence that, due to circumstances beyond your control or due to factors that have kept you residing outside Canada, you wish to have humanitarian and compassionate grounds considered in the assessment of your application for a Travel Document.
Factors that might justify such a consideration would be those resulting hardships you would face if you lost your permanent resident status, and that would be unusual and undeserved, or disproportionate. It is entirely your responsibility to demonstrate:
* that there are compelling humanitarian and compassionate factors in your individual circumstances that merit the retention of your permanent resident status;
* why you were not able to comply with the residency obligation; and
* the extent of any hardship that the loss of residency status may cause to one or more family members who would be directly affected by this decision, taking into account the best interests of a child directly affected by the determination.
To have your individual situation considered in the assessment of your application on humanitarian and compassionate grounds, you must complete section 18 of the application form or provide a written statement outlining the reasons why you wish to be considered on humanitarian and compassionate grounds.
There are no guidelines as to what documentary evidence you should submit with your application for consideration on humanitarian and compassionate grounds. Each case considered on humanitarian and compassionate grounds is done so on an individual basis. You are free to make submissions with respect to any aspect of your personal circumstances that you feel would warrant retention of your permanent residency status even though you have breached your residency obligation in the five-year period immediately preceding your completion of this application. An officer will weigh the factors of your unique case against the extent to which you did not comply with your residency obligations and make a determination on the basis of all of the evidence on your file.
http://www.cic.gc.ca/english/information/applications/handc.asp
http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Immigrants
Also this will involve legal fees and court costs. If it is declined you stand to loose all the monies spent. And if it is declined, then there is no appeal, also you loose the monies spent on this.
There is no legal help available on this board and this is not to be construed as advice. It is provided to you only as an article for your reading pleasure. So, be guided accordingly.
Hope this helps a little.
Freddie.
Dear Sir,
Thanks for the reply, but my question is I am already a permanent resident but I have not completed my 730 days residency obligation in Canada, so my PR Card will expire in Feb 2009, Can I apply to renew it from India and submit it on H&C ground to reinstate my PR fro next 5yrs?
Regards
Raju
Quote:
Originally posted by ftfl
Please see a Lawyer there in India and ask him to read and explain to you what these documents say.
You can search this website and other Internet links and get more details if there were other cases, similar to yours have been helped.
Here is a little description of what it is that you can do and if you want to pursue this matter further, it provides you how to go about it. Also it has to be a deserving case and should fall under the criteria of Humanitarian and Compassionate grounds. Here is the article:
Humanitarian and Compassionate Grounds
Where you or your family members are unable to meet the residency obligation, it is still possible to retain your status as a permanent resident of Canada. This may occur where you have presented evidence that, due to circumstances beyond your control or due to factors that have kept you residing outside Canada, you wish to have humanitarian and compassionate grounds considered in the assessment of your application for a Travel Document.
Factors that might justify such a consideration would be those resulting hardships you would face if you lost your permanent resident status, and that would be unusual and undeserved, or disproportionate. It is entirely your responsibility to demonstrate:
* that there are compelling humanitarian and compassionate factors in your individual circumstances that merit the retention of your permanent resident status;
* why you were not able to comply with the residency obligation; and
* the extent of any hardship that the loss of residency status may cause to one or more family members who would be directly affected by this decision, taking into account the best interests of a child directly affected by the determination.
To have your individual situation considered in the assessment of your application on humanitarian and compassionate grounds, you must complete section 18 of the application form or provide a written statement outlining the reasons why you wish to be considered on humanitarian and compassionate grounds.
There are no guidelines as to what documentary evidence you should submit with your application for consideration on humanitarian and compassionate grounds. Each case considered on humanitarian and compassionate grounds is done so on an individual basis. You are free to make submissions with respect to any aspect of your personal circumstances that you feel would warrant retention of your permanent residency status even though you have breached your residency obligation in the five-year period immediately preceding your completion of this application. An officer will weigh the factors of your unique case against the extent to which you did not comply with your residency obligations and make a determination on the basis of all of the evidence on your file.
http://www.cic.gc.ca/english/information/applications/handc.asp
http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Immigrants
Also this will involve legal fees and court costs. If it is declined you stand to loose all the monies spent. And if it is declined, then there is no appeal, also you loose the monies spent on this.
There is no legal help available on this board and this is not to be construed as advice. It is provided to you only as an article for your reading pleasure. So, be guided accordingly.
Hope this helps a little.
Freddie.
Hi Raju,
You do not qualify to apply for the renewal of the PR card.
It will be too expensive and even if you win it will take more number of years than it will take you if you reappy to get into Canada a second time. I hope that you do qualify with honours to get back in.
If you can please contact these people in the link after your current five year period gets over. Then re-apply to enter Canada as a PR of Canada. I am sure you will qualify a second time. Try the work permit route and it will take you another three years or so.
Here is the link: http://www.canadiandesi.com/read.php?TID=18611&page=1#107169
If these people who are helping others are anywhere near by, then drop in and see them.
Sorry that you lost out in your first attempt. Good Luck in your second.
Freddie.
Quote:
Originally posted by rajuban
Dear Sir,
Thanks for the reply, but my question is I am already a permanent resident but I have not completed my 730 days residency obligation in Canada, so my PR Card will expire in Feb 2009, Can I apply to renew it from India and submit it on H&C ground to reinstate my PR fro next 5yrs?
Regards
Raju
Quote:
Originally posted by ftfl
Please see a Lawyer there in India and ask him to read and explain to you what these documents say.
You can search this website and other Internet links and get more details if there were other cases, similar to yours have been helped.
Here is a little description of what it is that you can do and if you want to pursue this matter further, it provides you how to go about it. Also it has to be a deserving case and should fall under the criteria of Humanitarian and Compassionate grounds. Here is the article:
Humanitarian and Compassionate Grounds
Where you or your family members are unable to meet the residency obligation, it is still possible to retain your status as a permanent resident of Canada. This may occur where you have presented evidence that, due to circumstances beyond your control or due to factors that have kept you residing outside Canada, you wish to have humanitarian and compassionate grounds considered in the assessment of your application for a Travel Document.
Factors that might justify such a consideration would be those resulting hardships you would face if you lost your permanent resident status, and that would be unusual and undeserved, or disproportionate. It is entirely your responsibility to demonstrate:
* that there are compelling humanitarian and compassionate factors in your individual circumstances that merit the retention of your permanent resident status;
* why you were not able to comply with the residency obligation; and
* the extent of any hardship that the loss of residency status may cause to one or more family members who would be directly affected by this decision, taking into account the best interests of a child directly affected by the determination.
To have your individual situation considered in the assessment of your application on humanitarian and compassionate grounds, you must complete section 18 of the application form or provide a written statement outlining the reasons why you wish to be considered on humanitarian and compassionate grounds.
There are no guidelines as to what documentary evidence you should submit with your application for consideration on humanitarian and compassionate grounds. Each case considered on humanitarian and compassionate grounds is done so on an individual basis. You are free to make submissions with respect to any aspect of your personal circumstances that you feel would warrant retention of your permanent residency status even though you have breached your residency obligation in the five-year period immediately preceding your completion of this application. An officer will weigh the factors of your unique case against the extent to which you did not comply with your residency obligations and make a determination on the basis of all of the evidence on your file.
http://www.cic.gc.ca/english/information/applications/handc.asp
http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Immigrants
Also this will involve legal fees and court costs. If it is declined you stand to loose all the monies spent. And if it is declined, then there is no appeal, also you loose the monies spent on this.
There is no legal help available on this board and this is not to be construed as advice. It is provided to you only as an article for your reading pleasure. So, be guided accordingly.
Hope this helps a little.
Freddie.
PR Card can only be renewed from within Canada. (After you land back here)
To renew the card, you must have accumulated a stay of 730 days within Canada, in the FIVE Years after the date of YOUR Landing.
Freddie.
Sir, Thanks for the information. Since I am in India I have seen somewhere in http://www.cic.gc.ca" rel="nofollow">LINK that an applicant seeking a determination of status must first submit an Application for a Travel Document (Permanent Resident Abroad) (IMM 5524E).
Is it right and if yes what are the chances of success. I overstayed in India due to medical Condition of my spouse as I was taking care of her and the child was studying here. What documentaion proof I sould submit with the form to strenghten my case , so that on H&C ground they reinstste my PR for another 5yrs
Regards
Rajuban
Quote:
Originally posted by ftfl
PR Card can only be renewed from within Canada. (After you land back here)
To renew the card, you must have accumulated a stay of 730 days within Canada, in the FIVE Years after the date of YOUR Landing.
Freddie.
