manitobain

Quick question:
if someone needs an immigration lawyer (not consultant), is there anyone you could suggest after having good experience with?

This would be a case of not fullfilling the 730 days of residency for PR and pleading H&C grounds.

If anyone has had experience with success or not (with or w/o lawyer), sharing that info would be appreciated too.

No, not me.. I am citizen for a long while.. but someone I am trying to help.

Former Lancastrian

Try Sofia Mirza at Filmore Riley
http://www.fillmoreriley.com/fillmor...30/sofia-mirza

manitobain

thank you, appreciated! I am curious, what made you suggest her (other than google..)?

manitobain

also, additional question (I know..I am a pain):

This person now will have to have a certificate of departure to be signed by officer at CBSA, which was handed to him. Additionally, he received a letter saying that he had to present himself at the Montreal airport at CBSA for this purpose (which is the airport he landed). His flight back though goes from Wpg to US to Europe...can the form be filled out in Wpg as well or does he really need to change his flight do depart in Montreal?

I actually called CBSA in Wpg airport yesterday and they went: hummm...maybe you better call CIC to ask this (which is a pain in the neck to say mildly). Either I explained it badly...or...?

Former Lancastrian

I have worked with Sofia hence the referral though I have worked with other Winnipeg lawyers as well. He can do the confirmation of departure at Winnipeg.
Not being nosey but Im always intrigued as to PRs who dont meet the residency obligation then claim H & C grounds. Taken from ENF Manual 23
humanitarian and compassionate considerations, taking into account the best interests of a child directly affected by the determination, justify the retention of the permanent resident status and overcome any breach of the residency obligation prior to determination.
http://www.cic.gc.ca/english/resourc.../enf23-eng.pdf
Section 7.7 of that manual has more info not just relating to the best interests of a child.
Ultimate decision is with the Immigration & Refugee Board based on a number of factors.
I see a number of these cases a year and in the vast majority of cases they applied for PR in Canada knowing the 730 day obligation but elected to live/work outside of Canada after landing.
Permanent Resident which allows them to only spend 40% of their time in Canada every 5 year cycle

manitobain

Thanks for the info, very much appreciated.
..and I do know what you mean and did read through ENF 23.

I can elaborate ...you might be able to give me an indication on success (yes, know decision is with Imm & Refugee board):

They immigrated as family in 2001, so he did his PR card renewal already once. They stayed until 2009 permanently (far more than 730 days in MB) and farmed. Then the family fell apart (different reasons) and the wife decided to return to Europe and took all 3 kids along (2 of them being his). Thats when he started to pendle in between, as he cares very much about the kids and they were too small to travel to Canada (not sure if wife would even have let them). He had planned to arrive in spring 2012 to stay more put in Canada, as he is aware of the 730 days timeline and figured kids were old enough to travel now as well to Canada. Then youngest daughter (10 then)had xmas 2011 accident, complicated break of leg...first long time in cast and all other "natural" method were tried, then operation in August 2012 with another operation pending. Wife working fulltime, so he stayed as daughters caregiver (and took on some shifts at the hospital to finance this). So...if I read up right, the numbers of days only count until his departure order...in that case he only accumulated 420 days.
...and I know I know..you wish you could hit him with a stick..as to why he didn't accumulated more days earlier on in Canada, but as he only showed up at my door now...not much I can preach now?

He does own farmland here, has a cabin on his land where he is living...has good connections to the community and really fits in here.

I haven't come accross this situation yet, so am a bit at lost (hence I thought it might be best for him to see a lawyer).

Former Lancastrian

In case like this then a lawyer is definitely required.
Each case is judged on its own merits and circumstances so I really wouldn't want to guess which way the IRB would go on a case like this.
So in basic terms he is just under 11 months short of maintaining his residency obligation. If I was a betting man Im going to guess German Citizens.

manitobain

LOL close.. Austrian

thx for the insight

Former Lancastrian

Im guessing he didnt appeal the removal order within 37 days of when it was issued as well. Had he have appealed the removal order he could stay in Canada until a decision was made by the IRB. If he didnt appeal then the removal order becomes enforced and needs to confirm his departure from Canada as requested. Was he reported at a Port of Entry or by Inland Enforcement officers within Canada?
Did he appeal?

manitobain

He is still within the 30 days of appeal (hence I want him to talk to a lawyer and have the lawyer possibly in there as person representing him). He got though right away a letter saying that he had to leave country. He entered in Montreal and got reported there.

He showed a medical record of his daughter (wish he had taken more care on that one, as it was only partial), so H&C was considered and denied by the officer.

Novocastrian

Words out of my mouth. It was "pendle" that was the clue.

Former Lancastrian

If he really wants to stay in Canada then he needs to appeal the removal order.
The appeal is simply a letter to CBSA stating he wishes to appeal the removal order issued. The appeal letter can be sent to any CIC office. Usually people will retain the services of a lawyer either to draft the letter of appeal and to represent them once a hearing is scheduled before the IRB which can take several months.
As soon as the appeal is submitted then he can legally stay in Canada until the hearing.
Id be getting him to phone a lawyer asap.

manitobain

Lol I realized afterwards ...that happens if I "pendle" between languages, although it more gave me away than him?

manitobain

Done, gave him lawyers contact and a speech about urgency and it being his only chance. Hope it had enough effect!

Novocastrian

Tell me about it. Due to series of strange life choices I've become a three way linguistic pendler myself. I think I've kicked the habit now after 5 months in France this calendar year, but before this I would now and again still come out with ludicrous French using German sentence structures.

C'est manchmal difficile.