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jef Posts: 3
Posted On: 12/5/2020
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Dear Sir, Madam
Good morning,
Kindly note that i have received the rejection letter form the Canadian embassy regrading the travel documents as my PR was expired and i did not respect the 730 days rule. due to a reasons that i feel it is H&C. however The immigration office in AD says
"Having considered all of the evidence that you have presented, I am not satisfied that your personal circumstances involve humanitarian and compassionate considerations that justify the retention of permanent resident status." also he mentioned
Should you choose not to submit an appeal of this decision to the Immigration Appeal Division in Canada, this decision concerning your non-compliance with the residency obligation under section 28 of the Act will become a final determination of your residency status. You will be considered to have lost your status as a permanent resident of Canada, in accordance with paragraph 46(1)(b).[ You will not be allowed to enter Canada as a permanent resident, in accordance with subsection 19(2). You would have to meet all regular entry requirements for a foreign national, including obtaining a temporary resident visa or electronic travel authorization, if required."
i have not appeal as the appeal will take more three years and it is will very difficult to challenge their decision .
because i have lost my PR as per their clause , i am trying again to do my IELTS and submit again through express entry.
my question is am i eligible to do that , or it is not anymore permitted for me to apply.
thank you
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PMM Posts: 661
Posted On: 12/6/2020
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Hi
jef wrote:
Dear Sir, Madam
Good morning,
Kindly note that i have received the rejection letter form the Canadian embassy regrading the travel documents as my PR was expired and i did not respect the 730 days rule. due to a reasons that i feel it is H&C. however The immigration office in AD says
"Having considered all of the evidence that you have presented, I am not satisfied that your personal circumstances involve humanitarian and compassionate considerations that justify the retention of permanent resident status." also he mentioned
Should you choose not to submit an appeal of this decision to the Immigration Appeal Division in Canada, this decision concerning your non-compliance with the residency obligation under section 28 of the Act will become a final determination of your residency status. You will be considered to have lost your status as a permanent resident of Canada, in accordance with paragraph 46(1)(b).[ You will not be allowed to enter Canada as a permanent resident, in accordance with subsection 19(2). You would have to meet all regular entry requirements for a foreign national, including obtaining a temporary resident visa or electronic travel authorization, if required."
i have not appeal as the appeal will take more three years and it is will very difficult to challenge their decision .
because i have lost my PR as per their clause , i am trying again to do my IELTS and submit again through express entry.
my question is am i eligible to do that , or it is not anymore permitted for me to apply.
thank you
1. Nothing stopping you from re-applying if you qualify. Note you can't submit an ITA until the 60 day appeal period is over.
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Envisenvis Posts: 6
Posted On: 12/6/2020
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PMM wrote:
Hi
I read in IRCC website that you may not be eligible for PR o to get a spousal Sponsorship if you are found inadmissible. the reasons for inadmissibility are as follows:
Examples of failure to comply with IRPA include:
- temporary residents who don’t respect the conditions of their stay—for example, they stay longer than allowed, or work or study without the proper permits
- permanent residents who haven’t lived in Canada for the required amount of time
- people who have previously been deported and try to enter Canada without written authorization (In some cases you may need an Authorization to return to Canada (ARC) in order to be admitted to Canada.)
Since I am also about to lose my PR for not complying with 730 days of stay in Canada, can my wife who is a Canadian citizen sponsor me in future?
jef wrote:
Dear Sir, Madam
Good morning,
Kindly note that i have received the rejection letter form the Canadian embassy regrading the travel documents as my PR was expired and i did not respect the 730 days rule. due to a reasons that i feel it is H&C. however The immigration office in AD says
"Having considered all of the evidence that you have presented, I am not satisfied that your personal circumstances involve humanitarian and compassionate considerations that justify the retention of permanent resident status." also he mentioned
Should you choose not to submit an appeal of this decision to the Immigration Appeal Division in Canada, this decision concerning your non-compliance with the residency obligation under section 28 of the Act will become a final determination of your residency status. You will be considered to have lost your status as a permanent resident of Canada, in accordance with paragraph 46(1)(b).[ You will not be allowed to enter Canada as a permanent resident, in accordance with subsection 19(2). You would have to meet all regular entry requirements for a foreign national, including obtaining a temporary resident visa or electronic travel authorization, if required."
i have not appeal as the appeal will take more three years and it is will very difficult to challenge their decision .
because i have lost my PR as per their clause , i am trying again to do my IELTS and submit again through express entry.
my question is am i eligible to do that , or it is not anymore permitted for me to apply.
thank you
1. Nothing stopping you from re-applying if you qualify. Note you can't submit an ITA until the 60 day appeal period is over.
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Lahbib70 Posts: 61
Posted On: 12/8/2020
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Envisenvis wrote:
PMM wrote:
Hi
I read in IRCC website that you may not be eligible for PR o to get a spousal Sponsorship if you are found inadmissible. the reasons for inadmissibility are as follows:
Examples of failure to comply with IRPA include:
- temporary residents who don’t respect the conditions of their stay—for example, they stay longer than allowed, or work or study without the proper permits
- permanent residents who haven’t lived in Canada for the required amount of time
- people who have previously been deported and try to enter Canada without written authorization (In some cases you may need an Authorization to return to Canada (ARC) in order to be admitted to Canada.)
Hi,
The inadmissibility examples you cited and the non compliance with IRPA concern foreign nationals who want to enter Canada. Losing your PR status does not conflict with being sponsored by your spouse as long as you meet the other criteria (Security, medical..)
Thanks.
Since I am also about to lose my PR for not complying with 730 days of stay in Canada, can my wife who is a Canadian citizen sponsor me in future?
jef wrote:
Dear Sir, Madam
Good morning,
Kindly note that i have received the rejection letter form the Canadian embassy regrading the travel documents as my PR was expired and i did not respect the 730 days rule. due to a reasons that i feel it is H&C. however The immigration office in AD says
"Having considered all of the evidence that you have presented, I am not satisfied that your personal circumstances involve humanitarian and compassionate considerations that justify the retention of permanent resident status." also he mentioned
Should you choose not to submit an appeal of this decision to the Immigration Appeal Division in Canada, this decision concerning your non-compliance with the residency obligation under section 28 of the Act will become a final determination of your residency status. You will be considered to have lost your status as a permanent resident of Canada, in accordance with paragraph 46(1)(b).[ You will not be allowed to enter Canada as a permanent resident, in accordance with subsection 19(2). You would have to meet all regular entry requirements for a foreign national, including obtaining a temporary resident visa or electronic travel authorization, if required."
i have not appeal as the appeal will take more three years and it is will very difficult to challenge their decision .
because i have lost my PR as per their clause , i am trying again to do my IELTS and submit again through express entry.
my question is am i eligible to do that , or it is not anymore permitted for me to apply.
thank you
1. Nothing stopping you from re-applying if you qualify. Note you can't submit an ITA until the 60 day appeal period is over.
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link
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