Loss of Permanent Residency Question


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Massood   
Member since: Dec 02
Posts: 1593
Location: Vancouver, BC, Canada

Post ID: #PID Posted on: 10-07-05 21:21:14

I haven't read the replies & advice proferred by others. You always have a right of appeal if CIC determines you have lost your status. You may want to read further at http://www.askmassood.com/2005-05-15-16/


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Massood Joomratty, LLB(Hons), LLM

http://www.passportcanada.com" target="_blank">Your Canadian Immigration Lawyer

http://www.joomratty.com" rel="nofollow">LINK
+1-604-590-0607


ptm   
Member since: Jul 05
Posts: 213
Location: india

Post ID: #PID Posted on: 11-07-05 09:48:41

hi ani70,
as i told u that i first landed in toronoto on26-2-2002.till date i have accumulated only 133 days. canadian high commission issued me a travel document on 9-5-2005 which is valid upto 8-8-2005.
whether i have lost permament residential status in canada and i have to go there and appeal to CIC.
any chances of succeeding and cost of hiring lawyer etc...
please addvice,

ptm



ani70   
Member since: Oct 03
Posts: 765
Location: Canada

Post ID: #PID Posted on: 11-07-05 17:52:04

Hi Ptm,
CIC issued travel doc on 9-5-2005 which means if you could come back that time then you could accumulate 730 days ..but unfortunately now it's too late.:(
You can check Masood's reply and I also previously said that there is a humanitarian and compassionate ground which you can apply even you loose PR but there is a risk.
Couple of months back one of my office friend faced similar situation for his sister (This guy became citizen and originally came from Morocco).His sister when entered (that time she knew that she can't accumulate 730 days)at airport POE officers questioned and made a note but never stopped her to reenter.But immidiately when her 5 year landing period covered CIC sent the letter for explanation of cancelling PR status ..though my friend hired two lawyers (appeal and reappeal) and spent $$$$ finally his sister had to deport:(
Again humanitarian and compassionate ground depend case by case basis and could be different for you and you may need a good lawyer to defend your case.

:cheers:


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ani


ptm   
Member since: Jul 05
Posts: 213
Location: india

Post ID: #PID Posted on: 12-07-05 11:45:22

hi ani70,
i have made my calculation.
if i go to canada on 20-7-05 i will short by 13days in completing 730 days though my travel document is valid upto 8-8-2005. are they ignoring such small shortfall.
but as u described case of ur friend's sister i fear have to face chance of sending me back on feb 2007 when i will complete 5 years period.
whether i should contact CHC, new delhi for some clarification.



ptm   
Member since: Jul 05
Posts: 213
Location: india

Post ID: #PID Posted on: 12-07-05 11:48:35

ani70,
earliar u said if my travel document issued before june 2005 , technical i can still make it.
now i told u mytravel document was issued in may 2005.
but u r saying i have lost pr status.
please clarify.
ptm



PMA   
Member since: Apr 05
Posts: 81
Location: Toronto (Now in India)

Post ID: #PID Posted on: 12-07-05 12:24:59

Hi ptm

Since you are in Delhi, contact Canadian High commission and get the required clarification. If they told that you did not lost your status
You can immedaiately leave for canada.

(inform the High commission about your children , any Humanitarian and commpassionate issues if you had to support your absence)


Good Luck

PMA.

Quote:
Orginally posted by ptm

hi ani70,
i have made my calculation.
if i go to canada on 20-7-05 i will short by 13days in completing 730 days though my travel document is valid upto 8-8-2005. are they ignoring such small shortfall.
but as u described case of ur friend's sister i fear have to face chance of sending me back on feb 2007 when i will complete 5 years period.
whether i should contact CHC, new delhi for some clarification.


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Knowledge is Power


ptm   
Member since: Jul 05
Posts: 213
Location: india

Post ID: #PID Posted on: 12-07-05 14:45:48

thanks PMA,
you are really encouraraging me.
ani70 described experience of sister of his friend.she was deported back.
this time i want to join cga immediately after reaching there.if they decides in 2007 , i am fulfilling pr requirement , it will be tough for me.
so better to have a decision at here in delhi itself. that will save from future uncertainty. i think decision of CIC, new delhi will hold good for future determination of pr status in canada.

what is status of ur pr?
i seen ur query. there is some problem regarding returning resident visa.
whether they r considering like time spent in canada.

ptm



Contributors: ptm(9) Massood(5) ani70(4) PMA(3) Charlie(2) Manasvi(1)



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