Missed appeal deadline for PR renewal

[WordMouth12]

My family and I were living out of Canada for the last 4 years. They denied the renewal for PR even though my wife's company is a Canadian company overseas. We could not get in touch with a lawyer in time as Covid was starting to spread and we wanted a good lawyer. 2 days after our appeal period ended, they extended all filing deadlines indefinitely. We hired a lawyer who then filed the appeal. The lawyer said that the minister's submissions are asking to strike out the whole appeal because we missed the filing deadline by 2 days and that Covid was not an issue back in early March. Lawyer says we may not even get a hearing now. Is this the case? Are we not entitled to a hearing regardless?? We asked the lawyer to explain that Covid was an issue in Iran starting from Jan of 2020. Do we not even get a chance to explain this?

 

[k.h.p.]

You've hired a lawyer, the lawyer should be the one handling this.

I am not aware that IRCC extended the statutory timelines for appeals because of COVID.

Was your wife hired in Canada and temporarily transferred overseas? If not, your refusal may well have been appropriate.

 

[WordMouth12]

She was working full time for a Canadian Company overseas. Not transferred there. Lawyer is saying the case may be dismissed and not even get to a hearing.

 

[k.h.p.]

She was working full time for a Canadian Company overseas. Not transferred there. Lawyer is saying the case may be dismissed and not even get to a hearing.

If she wasn't transferred there, then it's not clear to me she could have counted the time. She needs to be assigned to work outside Canada, she can't be outside Canada and then take up work for a Canadian company outside Canada.

As to whether or not the lawyer is correct, you need to find some proof of IRCC extending statutory appeal timelines (not restoration timelines, or biometrics timelines) and put that to your lawyer.

 

[k.h.p.]

This practice note says that appeal filing deadlines were only extended 30 days. Do you still fall under that exemption? Is it still only 30 days past the deadline to appeal?

https://irb-cisr.gc.ca/en/legal-policy/procedures/Pages/extension-time-limits-filing-notice.aspx

 

[k.h.p.]

This thread discusses the issue of working for a Canadian company outside Canada: https://canadavisa.com/canada-immig...ed-by-canadian-company-outside-canada.433339/

You must typically:

1. First be working for the company in Canada
2. Be assigned to work outside Canada
3. Move to take up work outside Canada

If you didn't work for the company inside Canada first, you are not likely to win an appeal, even if it were filed in time.

 

[WordMouth12]

Deadline was March 14th. Appeal was filed in beginning of April

 

[k.h.p.]

Deadline was March 14th. Appeal was filed in beginning of April

Before or after April 14th?

Did your wife work for the company in Canada before being assigned to work outside Canada? If not, the appeal may not be worth the effort.

 

[k.h.p.]

Additionally, the practice note says that only appeals with a deadline on or after March 16th had the deadlines extended:

If your time limit for filing a Notice of Appeal falls on or after March 16, 2020, the IAD temporarily extends the time limit for the filing of such Notice until 30 days after the date of the Resumption Notice. The Resumption Notice will be posted on the IRB website. Please check the IRB website regularly.

Your deadline was not extended.

 

[WordMouth12]

Filed before April 14th. Are we still entitled to a hearing?

 

[k.h.p.]

Filed before April 14th. Are we still entitled to a hearing?

No, because your deadline was March 14th, and only appeals with a deadline on or after March 16th had their deadline extended.

Your lawyer would need to:

1. Argue that the deadline of March 14th should still benefit from the extension of timelines

AND

2. Argue that working for a Canadian company outside Canada, after not having been first employed in Canada, somehow overcomes all previous decisions that say that someone must first work for the company inside Canada and then be assigned work outside Canada to count time for PR.

Ask your lawyer if being on the wrong side of both of those issues is something they can overcome.

 

[WordMouth12]

This practice note says that appeal filing deadlines were only extended 30 days. Do you still fall under that exemption? Is it still only 30 days past the deadline to appeal?

https://irb-cisr.gc.ca/en/legal-policy/procedures/Pages/extension-time-limits-filing-notice.aspx

It says it will be extended until 30 days after the "resumption notice" posted on the IRB website. Was there a resumption notice? Does this not mean indefinitely?

 

[k.h.p.]

It says it will be extended until 30 days after the "resumption notice" posted on the IRB website. Was there a resumption notice? Does this not mean indefinitely?

It says that for appeals with a deadline on or after March 16th the deadlines are extended until the resumption notice, which has been provided as of August 4th.

That means that only applications with deadlines of March 16-August 4 are extended.

Your deadline was March 14. It was never extended.

FURTHER, if your wife was not employed in Canada FIRST she is not eligible to count an assignment outside Canada for PR time.

 

[WordMouth12]

She was employed in Canada first and then was given the option of working overseas which we took.

 

[k.h.p.]

Then your problem is that you missed the deadline.