Thank you Canuck. Yeah I’ve read a lot about the comprehensive requirements and how hard it is for IMGs in general and I am on track with meeting them. I need to have completed 12 months of postgraduate training, and need to go through the MCCQEs and the NAC. Those are the main requirements, along with a whole bunch of other document accreditation etc, but that is the end goal I am working towards
PR Approved despite failing RO based on HC grounds.. now stuck waiting for PRTD
- Thread starter bilaljah
- Start date
Foremost: Congratulations.
Overall: Coming back and filling in some details about how this went is really appreciated. Especially illuminating the ADR process.
Hope you meet the qualifications for providing medical services soon. We need all the help we can get.
@dpenabill Thank you. I figured it would help someone in a similar situation out by describing the process. I know for sure I would trawl the forums endlessly trying to gain more knowledge.
Would you happen to have any idea from your readings on how long it’s taking for people to finally land in Canada after a successful PRTD appeal hearing outside Canada (basically the time to get their PRTD)? The IAD Counselor couldn’t say since it’s a different department than IRCC who’ll issue the PRTD, but stated that she’d draft the decision and details up -and send them ASAP.
Would you happen to have any idea from your readings on how long it’s taking for people to finally land in Canada after a successful PRTD appeal hearing outside Canada (basically the time to get their PRTD)? The IAD Counselor couldn’t say since it’s a different department than IRCC who’ll issue the PRTD, but stated that she’d draft the decision and details up -and send them ASAP.
Sorry, I do not know.
Hope it goes well and quickly. And, yeah, please keep the forum informed (as appropriate).
Where did you do your medical training and residency? The biggest issue for most IMGs is getting into a residency program or completing a practice ready program for GPs in underserved communities which has very limited enrolment. Unless you completed your training and had completed your residency or become a consultant in the UK, Ireland, US, South Africa, Australia or NZ you are required to repeat your residency in Canada or complete a practice ready program (if you have already completed your full medical training and usually have already been a practicing physician) you have to commit to be a GP in an underserved community. The testing is the easy part of the equation. There are only a fraction of spots for IMGs to do/redo their residency or do this practice ready program if they qualify. Around 10% of IMGs get a spot each year I believe and most spots available are for GPs, pathologist, public health, psychiatry and a few random others depending on what goes unmatched by Canadian medical students that year. Many IMGs end up going abroad to places like the US or UK to do a residency/become a consultant or go practice medicine abroad if already fully licensed and give up on Canada. They may or may not be able to return to Canada to practice medicine after complete trading in US, UK, Australia, South Africa, Ireland and NZ depending on the specialty and who is hiring. Those who go to practice abroad often end up in the Middle East or the US on a J1 which provides MDs to underserved US communities.
IRCC is unaware of what it actually takes for an IMG to practice medicine in Canada so unfortunately you are about to face your biggest obstacle in your medical career. Even Canadian citizens trying to return to practice medicine in Canada struggle to get a residency spot after studying medicine abroad. As I have already indicated most Canadian citizens who have studied medicine abroad don’t do residencies in Canada because they can’t secure a spot. That can be another obstacle for meeting your RO again in the future which is why I asked if you wanted to practice medicine in Canada. If you are fluent in French your chances do go up vs English speaking IMGs.
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i also applied on H&C, without meeting RO, and i was staying outside canada. SO i entered via US border into canada.
i got the PR card renewed for 1 year but also reported as inadmissible under section 44(1) due to no complying to RO obligations.
as per my lawyer.. i should stay here for 1 year ... and then repply for PR .. and chances are that i will get 5 years PR after that... she told me once i get the 5 year pR card again then the report to minister is meaningless and gets waived off.... is that right ?
- Can some one guide.. what are the issues when you have 1 year PR but also reported as inadmissible ?
- can i still avail health benefits ?
- will i face issues from employers in searching the jobs
i got the PR card renewed for 1 year but also reported as inadmissible under section 44(1) due to no complying to RO obligations.
as per my lawyer.. i should stay here for 1 year ... and then repply for PR .. and chances are that i will get 5 years PR after that... she told me once i get the 5 year pR card again then the report to minister is meaningless and gets waived off.... is that right ?
- Can some one guide.. what are the issues when you have 1 year PR but also reported as inadmissible ?
- can i still avail health benefits ?
- will i face issues from employers in searching the jobs
I've never heard of this route.
I think you will get a MD review interview request before you can reapply for a PR card renewal. (if that's what you mean by "reapply for PR")
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/card/complex.html
Look at "The officer requests that a 1-year PR card be issued following the preparation of the A44(1) report" close to the bottom of the link.
May I ask how long it took from decision made to the pick up letter?
Mine is stock in decision made for over 2 months
Since you have been reported as inadmissible time in Canada will not count towards PR or citizenship. Time will only count if your in admissibility hearing is positive. You need a new consultant. They don’t seem to know what they are talking about
Hi Canuck, if you are asking about the time it took to get a response on PR card collection interview.. Then it took around 1.5 years as it was applied on H&C grounds.
I realize that I have elsewhere responded to your queries and said that your lawyer is a far better source than me or anyone here.
That is not always true. It is usually true. It is usually true by a big margin. But we do see some serious discrepancies between what we know and what some lawyers have sometimes said.
@YVR123 has a key aspect right. And likewise @canuck78 as to this: "Since you have been reported as inadmissible time in Canada will not count towards PR or citizenship. Time will only count if your in admissibility hearing is positive."
Which is to say that until the 44(1) Report is actually set aside (either by a Minister's Delegate or by the IAD if a MD issues a Removal Order and you win an appeal), days in Canada do NOT count toward meeting the PR Residency Obligation. Here too, I previously affirmed the lawyer's suggestion that being in Canada pending further proceedings would help, and that is true, but I also said that helps mostly in the sense it avoids the negative influence remaining outside Canada would have.
I do not concur in the view expressed by @canuck78 about your lawyer (assuming it is a lawyer, not a "consultant") in regards to them not knowing what they are talking about. In this respect it is certain it is @canuck78 who does not know what they are talking about because there is NO way to extrapolate much at all about the competence of your lawyer based on the little bit of advice you have clearly, at best, paraphrased and shared here.
Even assuming your version of what the lawyer said is accurate (an assumption which very often is not warranted), many lawyers will couch advice to clients in a way that is not precisely an accurate statement of the law or rules or how things work procedurally, and do this deliberately for a variety of reasons. Often this is to comfort, reassure the client, to reduce the client's anxiety. In this situation it could also be about emphasizing the importance of coming to Canada and STAYING, a combination of suggesting it is OK to relax, odds are good it will go OK, if you get here and stay, and in a year things will be in a better place.
The caveat, the caution, is that there is no guarantee how things will actually go from here. As said elsewhere, how these things go depends on the particular facts and circumstances in the individual PR's case. Numbers looming largest. Reasons for remaining abroad also looming large. And, as it appears for you, continued absence from Canada after making the PR card application, looming large as a serious negative factor, which again will be even more negative unless you return to Canada to stay.
Additionally, as @YVR123 noted in regards to information referenced and linked in that post, the actual procedure involved will not make you eligible for a 5 year PR card in a year UNLESS the 44(1) Report is set aside. While we have seen some of these cases sit in limbo for lengthy periods of time, what is likely to happen is the MD makes a decision in the not too distant future, resulting in either:
-- the 44(1) Report being set aside, in which case you could apply for and will likely be issued a 5-year card, OR
-- the issuance of a Removal Order, which you would need to appeal to save your PR status
Overall, I cannot estimate or even guess what chance you have to keep your PR status. But I can say that your chances will likely be very poor or not at all likely if you do not come to Canada to stay in the meantime.
An addendum of sorts: Perhaps I am unnecessarily biased, but I trust lawyers way, way more than "consultants."
Unless a PR remains for 730 days then they still risk being denied their PR card renewal based on H&C. Renewing your PR card based on H&C is still fairly rare and can often take 1+ years so in fact often doesn’t get you a 6 year PR care much faster than applying after being compliant with your RO. You will have to wait and see the outcome of the appeal but would discourage most people from applying for a PR card without being compliant with their RO first.
Hi B
Hi Bilal. Your case is the only one I found most similar to mine. I was issued an A44 report in 2019 due to not having met RO. I was 15 then and left back for pakistan shortly after the report was issued. After submitting additional information at CIC’s request a few months ago, I was informed a few days ago that I get to retain my PR. I am also enrolling into UofT for Fall 2024. As i am still in pakistan, im debating on whether to return via the border or apply for PRTD. The decision to retain my PR was made by the Minister’s Delegate. Did you provide proof in your PRTD H&C application that your card had been approved? What exactly did you mention there?