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Did they tell you that the departure order was stayed?
I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. In Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.
I can only speak to you by posting up and back over this site.
The departure order would be stayed (put on hold) until after the appeal is heard.
For this reason there was no requirement that you leave Canada and if the officer at the border understands this you should not have any problem returning to Canada so that your daughter can attend university.
But when you are returning to Canada be sure that you have all the documentation, especially about your appeal so that the officer will understand that you have a legal right to return. You should also have proof that your daughter will be attending university such as her offer of enrolment or proof of payment if you have already paid the school.Does that help?Please understand that I am happy to answer all your follow-up questions so if you have any go ahead and let me know what they are.
If you feel we are done I hope that I have provided you with a 5-star rating but if you feel that I have not then please do not hesitate to let me know how I can better help you.Finally, you should know that I am still here for you even after you rate me if you think of follow-up questions later on.
There is no such thing as a temporary PR. Your point is that you are still a PR as the decision was in error. The 17 year old PR card and appeal will not be removed if the father gives up his appeal.
You will be in the same position then as now.
If you are admitted because they are considering your PR as still in effect you can come and go at will.
It would be the same way that she is planning to enter in August.
It is not about convincing the lawyers. It is about what the officers at the border will do.
This is a very unusual situation as no one in your position leaves Canada until the appeal process has finished because appealing stayed the removal order.
It may be that your lawyer has seen cases like this.
The officers at the border are getting stricter and stricter all the time. And it very often feels that they believe it is their job to keep everyone out of Canada.
I am not your lawyer and if you have a lawyer you trust you should rely on that lawyer. Your lawyer knows you and the facts and likely sees this all the time.
I understand.The reason why you are being told that your daughter cannot come out if she enters Canada is because there is a fear that she will not be allowed to reenter.There is no clear answer here and it may be that you can ask your own lawyer to make an inquiry of Canada immigration directly see what opinion they would provide.The other issue I just thought of is that it may be difficult for your daughter to enrol as a permanent resident and you may be stuck with paying international student fees because she won't have card to prove that she is a permanent resident.
I believe you are treated separately and that makes sense because if one spouse leaves the country and the other remains (just by way of example) then the spouse that remains does not lose their PR status.
But there is now the complication that your child is a minor, that you appealed as a family and that you then left the country.
So I cannot say with any real certainty what would happen.
I wish I could.
Is there anything more you want to discuss?