Sameer Chand and his wife Farah became permanent residents of Canada on June 24, 2004. Sameer is an IT manager, while Farah is a housewife. Sameer was given a one year leave of absence from his employer in India to come to Canada and become a Permanent Resident.
After arriving in Toronto, the couple rented an apartment. Sameer looked for job opportunities in the Toronto area but soon realized that the IT industry was going through a slump and that many other IT professionals were facing similar challenges in finding work. Sameer and his wife decided to go back to India on April 9, 2005 so that Sameer could return to work for his previous employer while continuing to look for work in Canada.
Sameer and his wife stayed with his parents in their family home. His parents were being sponsored to the US by Sameer’s brother Jai, who is an American citizen living in California.
Shortly after Sameer and his wife returned to India, Sameer’s parents were involved in a serious car accident on July 19, 2005.
Both parents suffered multiple fractures and their recovery period lasted 2 years from when the accident occurred. Sameer’s father was left with limited mobility and both parents were dependent on Sameer and his wife for their care and support. This delayed their return to Canada as they were not able to leave their parents alone.
On February 22, 2008, Sameer’s parents were granted their US permanent resident status and moved to California to live with their son Jai.
Sameer and his wife sold the family home and returned to Canada on June 25, 2008. Sameer applied for a renewal of their PR cards on October 27, 2008 through CPC-Sydney who referred their case to CIC for a determination. CIC has written an A44 (1) report dated December 19, 2008 with the allegation of non-compliance for failure to meet residency obligations and has scheduled a determination hearing in one month.
Farah is pregnant with their first child and she is due in four months.
Sameer has retained you as counsel and seeks your advice.
Please answer the following questions. In your answers, you may include new information that you obtain from your interview with the client to support your case.
1) What information must you consider to determine if the A44(1) report is well founded?
2) What additional information and supporting documentation could you provide on behalf of your client?
3) What do you think are the strongest points that can lead to a positive decision? Explain your answer.
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