本文发表在 rolia.net 枫下论坛重点是决定你是否丧失PR其实是个非常复杂的过程, 根本就不想某些人想象的那样在进加拿大的时候官员就能决定了, 在整个的决定过程中还有考虑很多人道的因素...如对你本人生活的影响, 对你子女的影响... 你自己读吧...
所以我的理解是, 你可以进入加拿大, 但你的情况会被FILED 到CIC, 然后会有一个PROCESS 来决定你最后是否可以维持你的PR而继续留在加拿大.
7.7. Humanitarian and compassionate determinations
A28 provisions require the consideration of humanitarian and compassionate factors before
making a determination that may lead to a loss of permanent resident status.
Specifically, A28(2)(c) provides that when an officer determines that humanitarian and
compassionate considerations relating to a permanent resident justify the retention of permanent
resident status, then such a determination will overcome any breach of the residency obligation
made before the determination.
Accordingly, each decision-maker involved in a residency obligation determination case should,
as part of the decision-making process, assess any humanitarian and compassionate factors
brought to their attention to determine whether such factors justify retention of permanent resident
status, notwithstanding a breach of A28.
Note: The best interests of a child directly affected by the determination must also be considered when
assessing humanitarian and compassionate factors; and as a result, may justify the retention of
permanent resident status.
Officers should consider whether sufficient humanitarian and compassionate factors have been
brought to an officer’s attention to justify the retention of permanent resident status before making
a decision that there has been a failure to comply with the residency obligation. Officers should
remember that the onus is on the permanent resident to satisfy an officer that there are grounds to
justify retention of status. Officers are not required to satisfy the permanent resident that such
grounds do not exist. Officers should consider the objectives of the Act and that paragraph
A28(2)(c) exists to allow flexibility for approving deserving cases not anticipated in the legislation.
******
Factors for consideration
The range of factors to be considered can not be restricted by these guidelines. Officers are
obliged to consider all the information presented by a permanent resident.
Humanitarian and compassionate factors must be reviewed on a case by case basis. Permanent
residents are free to make submissions on any aspect of their personal circumstances that they
feel would warrant retention of their permanent resident status.
ENF 23 Loss of Permanent Resident Status
2004-11-17 20
The following are examples of the kinds of factors or combinations of factors that an officer might
consider in determining whether humanitarian and compassionate grounds justify the retention of
permanent resident status. Officers are to examine circumstances and events that occurred in the
last five-year period which led to the permanent resident’s breach of the residency obligation. As
required by A28(2)(c), officers are also to take into account the best interests of a child directly
affected by the determination and the degree of hardship that may be caused because of a loss of
permanent resident status.
Examples of factors to weigh and consider:
• Extent of non-compliance
♦ How many “days of physical presence in Canada” within the five-year period under
examination, has the permanent resident spent in Canada?
♦ Was the permanent resident outside of Canada for more than three years in the last fiveyear
period because of a medical condition or the medical condition of a close family
member?
♦ Could alternative arrangements for the care of the family member have been made or
was it the permanent resident’s choice to remain outside Canada?
♦ Circumstances beyond the permanent resident’s control: Are the circumstances that led
to the permanent resident remaining outside of Canada compelling and beyond their
control?
♦ Was the permanent resident prevented from returning to Canada; and if so, by whom and
by what event?
♦ Is the permanent resident now returning to Canada at the earliest possible opportunity?
♦ Did the permanent resident leave Canada as a child accompanying a parent?
♦ Is the permanent resident who left as a dependant returning at the earliest opportunity?
♦ Is the permanent resident dependent on the parent they are accompanying because of a
mental or physical disability?
• Establishment in and outside Canada:
♦ Is the permanent resident a citizen or permanent resident of a country other than
Canada?
♦ Has the permanent resident taken steps to establish any permanence in a country other
than Canada; or the country they resided in immediately before becoming a permanent
resident of Canada (that is, any third country status)?
♦ To what degree has the permanent resident established in Canada?
♦ What linkages and ties has the permanent resident maintained in Canada?
• Presence and degree of consequential hardship:
♦ A loss of permanent resident status will have the consequence of either having to
voluntarily leave or be removed from Canada. The removal of a status-less person may更多精彩文章及讨论，请光临枫下论坛 rolia.net
所以我的理解是, 你可以进入加拿大, 但你的情况会被FILED 到CIC, 然后会有一个PROCESS 来决定你最后是否可以维持你的PR而继续留在加拿大.
7.7. Humanitarian and compassionate determinations
A28 provisions require the consideration of humanitarian and compassionate factors before
making a determination that may lead to a loss of permanent resident status.
Specifically, A28(2)(c) provides that when an officer determines that humanitarian and
compassionate considerations relating to a permanent resident justify the retention of permanent
resident status, then such a determination will overcome any breach of the residency obligation
made before the determination.
Accordingly, each decision-maker involved in a residency obligation determination case should,
as part of the decision-making process, assess any humanitarian and compassionate factors
brought to their attention to determine whether such factors justify retention of permanent resident
status, notwithstanding a breach of A28.
Note: The best interests of a child directly affected by the determination must also be considered when
assessing humanitarian and compassionate factors; and as a result, may justify the retention of
permanent resident status.
Officers should consider whether sufficient humanitarian and compassionate factors have been
brought to an officer’s attention to justify the retention of permanent resident status before making
a decision that there has been a failure to comply with the residency obligation. Officers should
remember that the onus is on the permanent resident to satisfy an officer that there are grounds to
justify retention of status. Officers are not required to satisfy the permanent resident that such
grounds do not exist. Officers should consider the objectives of the Act and that paragraph
A28(2)(c) exists to allow flexibility for approving deserving cases not anticipated in the legislation.
******
Factors for consideration
The range of factors to be considered can not be restricted by these guidelines. Officers are
obliged to consider all the information presented by a permanent resident.
Humanitarian and compassionate factors must be reviewed on a case by case basis. Permanent
residents are free to make submissions on any aspect of their personal circumstances that they
feel would warrant retention of their permanent resident status.
ENF 23 Loss of Permanent Resident Status
2004-11-17 20
The following are examples of the kinds of factors or combinations of factors that an officer might
consider in determining whether humanitarian and compassionate grounds justify the retention of
permanent resident status. Officers are to examine circumstances and events that occurred in the
last five-year period which led to the permanent resident’s breach of the residency obligation. As
required by A28(2)(c), officers are also to take into account the best interests of a child directly
affected by the determination and the degree of hardship that may be caused because of a loss of
permanent resident status.
Examples of factors to weigh and consider:
• Extent of non-compliance
♦ How many “days of physical presence in Canada” within the five-year period under
examination, has the permanent resident spent in Canada?
♦ Was the permanent resident outside of Canada for more than three years in the last fiveyear
period because of a medical condition or the medical condition of a close family
member?
♦ Could alternative arrangements for the care of the family member have been made or
was it the permanent resident’s choice to remain outside Canada?
♦ Circumstances beyond the permanent resident’s control: Are the circumstances that led
to the permanent resident remaining outside of Canada compelling and beyond their
control?
♦ Was the permanent resident prevented from returning to Canada; and if so, by whom and
by what event?
♦ Is the permanent resident now returning to Canada at the earliest possible opportunity?
♦ Did the permanent resident leave Canada as a child accompanying a parent?
♦ Is the permanent resident who left as a dependant returning at the earliest opportunity?
♦ Is the permanent resident dependent on the parent they are accompanying because of a
mental or physical disability?
• Establishment in and outside Canada:
♦ Is the permanent resident a citizen or permanent resident of a country other than
Canada?
♦ Has the permanent resident taken steps to establish any permanence in a country other
than Canada; or the country they resided in immediately before becoming a permanent
resident of Canada (that is, any third country status)?
♦ To what degree has the permanent resident established in Canada?
♦ What linkages and ties has the permanent resident maintained in Canada?
• Presence and degree of consequential hardship:
♦ A loss of permanent resident status will have the consequence of either having to
voluntarily leave or be removed from Canada. The removal of a status-less person may更多精彩文章及讨论，请光临枫下论坛 rolia.net