What should we do?

[Peppers]

My husband and I married in Canada, me sponsoring him and he was a permanent resident in 2002, but we had to come back to Turkey for a judicial court (related with the partnership of our only house) and the case is still being carried. My husband is following the case, and it has started only 15 days after we arrived in Turkey (in 2002) and still not finalized for almost 7 years. Our plan was to sell the house, our only tie to Turkey and settle in Canada for good. But during this time my husband lost his status. For me, I lived in Canada in 2000-2002 and after that entered again in 2005 not to loose my status and I am a PR card holder with an expiry date of February 2010. Since I obtained my PR card I could only stay in Canada for 8 months as my husband had to be in Turkey. After that I got pregnant consecutively, could not go back to Canada alone and now have two babies,which need fulltime care. I have no relatives or close friends to help me there while I am working, therefore I had to wait for my husband's case - still not finalized. Evenif I do come to Canada as of today, 8 months plus 13 months (Jan 2009 to Jan 2010), total will make 21 months which means I already lost my status. Do we have to reapply for immigration or is there any possibility that we can regain our status by explaining our reasons why we stayed in Turkey for so long? Where should we make this application? Or is better to reapply for immigration?

 

[Leon]

You can try to appeal it on humane and compassionate grounds or otherwise just apply again.

 

[Peppers]

Thanks Leon,
I am relieved. But do you know how this process work and how long will it take and finally where should we apply?

 

[Leon]

Ask the embassy. I don't think they approve too many cases like this since they already think it's plenty that you can be outside Canada for 3 out of 5 years but you can give it a try.

 

[Peppers]

This is so funny...Before I wrote to this forum I sent an email to the embassy. I wrote exactly the same message I wrote here - copy paste!.
And the embassy's answer is below:

" Your status will be determined when you apply of citizenship. You still have a valid PR Card but if your husband does not have one he has to apply for a Travel Document before he can go back to Canada.

Regards,


Immigration Section/Section d'immigration
Canadian Embassy/Ambassade du Canada "

 

[Leon]

It's true that your husband can apply for a travel document. He will have to state how long he has been gone and what kind of reasons he had for being gone so long. He will then either be granted a PR travel document and can go to Canada and apply for his PR card or he will not be granted a PR travel document if they don't think his reasons for being away were good enough.

You can technically still travel to Canada on your PR card but when they ask you how long you have been gone, they can also question your PR status at that point. They could let you in without questions or they can decide that you have lost your PR status and let you in for a month to appeal for it. Even if they let you in without questions, when your PR card expires and you apply for a new one, they may deny it and say you already lost your status.

 

[Peppers]

Dear Leon,

I do not know if you are a lawyer or not, but you really give me better information than any lawyer or than the embassy. Thank you very much.
If I come to border, they will at least let me in, and if I live in Canada for 2 years, will I gain my residency?
My concern is children. Anyway,I have to apply to sponsor them so I must apply from Turkey, my PR status will be questioned in that case, probably.
I really don't know how to start and what to do? I could not go to Canada alone, as I was pregnant and had a very small baby to take care.Now I might now go forever!!

 

[Leon]

If they let you in without any questions and you already know that you have lost your PR status for being gone too long, it would be smart to wait to try to renew your PR card or sponsor anybody else until you have been in Canada 2 years, long enough that your PR status is not in question anymore. Since you have children you would like to take with you, that is not really an option, is it? You can not apply to sponsor children from outside Canada though. You have to get a visa for them to go to Canada and sponsor them when you get here.

I am not a lawyer. I just spend too much time on this board.

 

[Peppers]

Oh I did not know that they had to be in canada for me to sponsor them. Thank you very much Leon indeed. You really helped me and I am pretty sure lots of people thank you.
Wish you all the best in the new year.