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Residency Obligation 

Posts: 1

Posted On: 5/22/2017
Posts: 1
Hi Team

Hope you will be great and doing well

I am contacting you in connection with Residency Obligation and need your valuable expert opinion

Here are my case details for your kind consideration

1- I got Canadian Immigration in 2003 in skilled migrant category independently.
2- Then I moved Canada on 17th June 2003 and spent around 6 months in Canada along with my eldest brother and parents. My eldest brother is Canadian National who sponsored our parents. I did some jobs over there for around 3 months.
3- Then I came back with my mother to Pakistan on 3rd December 2003 .
4- After couple of months my father also reached Pakistan
5- Here in Pakistan I was responsible to look after my old parents and that is why I could not go in time in Canada.
6- In Pakistan I did different jobs to support my parents and myself as well
7- On 24th June 2008 I again visited Canada for one month before expiry of my PR Card. I applied PR card and came back to Pakistan on 23rd July 2008 but my PR card could not be renewed as I only spent around 180 days but I mentioned in my application that I spent 2 years (wrong info provided due to the fear of losing PR status)
8- In December 2008 I got married and now I have two kids ( Boy is around 6 years and Daughter is around 2 years old)
9- In 2010 I applied one time visa through Canadian Embassy in Islamabad, Pakistan but could not get the visa.
10- Then I appealed in front of Immigration and Refugee Board of Canada on Humanitarian and compassionate grounds on the basis that I was only one here in Pakistan who was responsible to look after my old parents (as my father is heart and blood pressure patient and my mother has some serious Gynae issue and also blood pressure patient and she cant walk without support as well) and due to said reason I could not spend much time in Canada and now circumstances here in Pakistan are not good as war against terrorism is going on and around 80,000 peoples are already killed and I want to go back to Canada along with my family.
11- In April, 2013 IRB dismissed my appeal after telephonic hearing
12- IRB guided me that I may make an application in front of Federal Court for judicial review of this decision but I did not go there and kept silence.

One important thing which I want to bring in your kind notice that I spent around 196 days in Canada but in decision letter from IRB it was mentioned that I only spent 29 days in REASONS FOR DECISION section. I think it might be helpful if we go for appeal in front of Federal Court.

My Questions

1- Can I have still the right to appeal in front of Federal Court?

2- If yes, what are my chances to win the case

3- If not, Is there any possibility in future to change residency obligation rules as new govt is very much in the favor of immigrants and I may get back my status

Thanks a lot in advance for your valuable comments

Posts: 2423

Posted On: 5/30/2017
Posts: 2423

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about this situation.

We suggest that it is best that you contact a reputable lawyer who is familiar with Canadian immigration issues and application processes.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

Settlement.Org Content and Information/Referral Specialist, CIRS