PRTD on H&C, Job opportunity available

[Canada@2023]

Case related facts are as follows :
1) Applied for PRTD on H&C Grounds from India, 11 months passed and still showing "submitted". When to expect first response ?
2) Web forms response on couple of follow-up is "Query received and data is verified. Your file is in India office and IRCC officer will contact you when a decision will be made or if additional information is needed".
3) Residency criteria not met in last 5 years, But Job opportunity is in hand to start after 2 months. Sufficient fund available in Canadian Bank Account for reserve/relocation.
4) Is it good to ask ATIP notes and upload Job opportunity related detail or Appointment Letter ? Whether this will process PRTD fast ? How much time it will take ?
5) Whether "urgent" request to do via web form or to try with new application and fee payment with existing IRCC ID, where first application is under "Submitted", is this possible ? Which option will be fast and fair ? Without PRTD visa, can't book Air Ticket to submit as proof and request "urgent".

 

[Tubsmagee]

How out of compliance with residency obligation were you, or another way, how many days in 5 year period did you have in Canada?

 

[armoured]

3) Residency criteria not met in last 5 years, But Job opportunity is in hand to start after 2 months. Sufficient fund available in Canadian Bank Account for reserve/relocation.
4) Is it good to ask ATIP notes and upload Job opportunity related detail or Appointment Letter ? Whether this will process PRTD fast ? How much time it will take ?

I reckon it can't hurt to submit this information and hope it will help spur a response, but it's only a guess. Good luck.

 

[Canada@2023]

I reckon it can't hurt to submit this information and hope it will help spur a response, but it's only a guess. Good luck.

I reckon it can't hurt to submit this information and hope it will help spur a response, but it's only a guess. Good luck.

Thanks. Whether "urgent" request to do via web form or to try with new application and fee payment with same existing IRCC ID ? first application is under "Submitted", is this possible to apply new as "urgent" ? Case specific enquiry don't allow "urgent" subject under PRTD category so facts should be inside within 1500 letters limit and as allowed 3.5 MB attachment. Whether Job offer attachment will help ? Isn't ATIP note request with $5 and 30 working days wait is last option ? How much timely normally PRTD application takes under H&C ? Per website PRTD process time is 94 days and H&C case is 22 month's but no where mentioned time of PRTD with H&C.

 

[Canada@2023]

How out of compliance with residency obligation were you, or another way, how many days in 5 year period did you have in Canada?

With initial PR status and first PR card validity, residency criteria was complied. In last 5 years, RO was not complied as PR card was not renewed and unable to visit for the reasons mentioned in H&C. 60 days ago last response was received on web form query to submit all up to date facts and documents again with agent's acknowledgement. How much time averagely it takes for H&C related PRTD decision ? Waiting from 11 months, Received Job offer from Canada so need to plan how to get PRTD at the earliest. Please advise.

 

[armoured]

Thanks. Whether "urgent" request to do via web form or to try with new application and fee payment with same existing IRCC ID ? first application is under "Submitted", is this possible to apply new as "urgent" ? Case specific enquiry don't allow "urgent" subject under PRTD category so facts should be inside within 1500 letters limit and as allowed 3.5 MB attachment. Whether Job offer attachment will help ? Isn't ATIP note request with $5 and 30 working days wait is last option ? How much timely normally PRTD application takes under H&C ? Per website PRTD process time is 94 days and H&C case is 22 month's but no where mentioned time of PRTD with H&C.

I do not know. Personally I would submit simple webform with request to treat as urgent under existing app, but again - I am guessing. Same with job offer attachment - it may not hurt but hard to say whether it will help. More likely to help - I GUESS - if with a reputable and well-known compnay.

ATIP: separate process. I see no harm in applying for it, but we can't say whether it will help.

 

[armoured]

With initial PR status and first PR card validity, residency criteria was complied. In last 5 years, RO was not complied as PR card was not renewed and unable to visit for the reasons mentioned in H&C. 60 days ago last response was received on web form query to submit all up to date facts and documents again with agent's acknowledgement. How much time averagely it takes for H&C related PRTD decision ? Waiting from 11 months, Received Job offer from Canada so need to plan how to get PRTD at the earliest. Please advise.

If you mean that you basically have not been in Canada in last five years, the length of time to process is unknown - you are massively out of compliance. It will also depend on how compelling your H&C reasons are.

Sure, provide new info about job offer. Ask for quick processing as time-limited job offer.

Personally I see no benefit in applying anew, but only a guess.

 

[Canada@2023]

I do not know. Personally I would submit simple webform with request to treat as urgent under existing app, but again - I am guessing. Same with job offer attachment - it may not hurt but hard to say whether it will help. More likely to help - I GUESS - if with a reputable and well-known compnay.

ATIP: separate process. I see no harm in applying for it, but we can't say whether it will help.

Yes, Offer is from well known reputed company.

 

[canuck78]

Yes, Offer is from well known reputed company.

Having a job offer won’t necessarily impact PRTD based on H&C application. What is important is whether you had H&C reason for not being compliant with your RO. How many days have you spent in Canada in the past 5 years? There is no timeframe for PRTD based on H&C applications but you should most cases are resolved before one year.

 

[Canada@2023]

I do not know. Personally I would submit simple webform with request to treat as urgent under existing app, but again - I am guessing. Same with job offer attachment - it may not hurt but hard to say whether it will help. More likely to help - I GUESS - if with a reputable and well-known compnay.

ATIP: separate process. I see no harm in applying for it, but we can't say whether it will help.

ATIP has option to choose "PRTD" and than "Urgent process of already applied PRTD", description and facts can also be mentioned in that like web form. Only point is "Whether it will be treated as excess follow-up" or as normal curious query to know stage and remarks of IRCC officer to act further ? I've seen comments in other threads that regular follow-up is not treated as good and "wait" is best option irrespective of length. Is this true ?

 

[armoured]

ATIP has option to choose "PRTD" and than "Urgent process of already applied PRTD", description and facts can also be mentioned in that like web form. Only point is "Whether it will be treated as excess follow-up" or as normal curious query to know stage and remarks of IRCC officer to act further ? I've seen comments in other threads that regular follow-up is not treated as good and "wait" is best option irrespective of length. Is this true ?

You are asking questions that cannot be answered, only opinions.

My opinion or guess is: stop overthinking. If you are providing additional actual information, that is not just 'normal curious query.' So submit the info.

If you've already submitted two dozen queries - those are the excess follow-up, not this one. But if you've already done that, there's nothing you can do about that now.

In other words, at this point, the answr to both scenarios is 'submit the info.'

Submit the info.

 

[Canada@2023]

Having a job offer won’t necessarily impact PRTD based on H&C application. What is important is whether you had H&C reason for not being compliant with your RO. How many days have you spent in Canada in the past 5 years? There is no timeframe for PRTD based on H&C applications but you should most cases are resolved before one year.

Received email letter response today, PRTD request declined with reason (1) No compliance of RO in last 5 years and (2) H&C Ground are not sufficient to consider. Option given to file Appeal within 60 days. Please advise whether to opt hearing by reaching within Canada with fresh PRTD application after filing appeal? Do suggest Immigration lawyer's name/detail with time frame, cost and probability of success.

 

[canuck78]

Received email letter response today, PRTD request declined with reason (1) No compliance of RO in last 5 years and (2) H&C Ground are not sufficient to consider. Option given to file Appeal within 60 days. Please advise whether to opt hearing by reaching within Canada with fresh PRTD application after filing appeal? Do suggest Immigration lawyer's name/detail with time frame, cost and probability of success.

Have you been to Canada in the past year? Do you have a US visa? You can’t apply for a new PRTD you have an appeal this denial or lose your PR status you don’t appeal. If you appeal I would hire an immigration lawyer to have the best chance of keeping your status. Would plan on having to pay multiple thousand for an immigration lawyer. Very tough to say what chances are of success without knowing your H&C reasons and how much time you have spent in Canada in general, since you got your PR and in the past 5 years.

 

[Copingwithlife]

Received email letter response today, PRTD request declined with reason (1) No compliance of RO in last 5 years and (2) H&C Ground are not sufficient to consider. Option given to file Appeal within 60 days. Please advise whether to opt hearing by reaching within Canada with fresh PRTD application after filing appeal? Do suggest Immigration lawyer's name/detail with time frame, cost and probability of success.

You’ve been asked a couple of times . In the LAST five years how much time have you been physically in Canada, and what is your H&C reason(s) ?
Besides the mentioned job offer , what other connections to Canada do you have ? Aside from an expired PR card ?
As mentioned do you have a visa to enter the USA to enter Canada via a land border ? If you don’t, current wait times for a USA B1/2 interview for example in Mumbai is 589 days, if India is your country . New Delhi , 489 days.

* If you think those wait times are long . Current wait times in Toronto for a B1/2 non immigrant visa is 733 days

 

[Ponga]

Received email letter response today, PRTD request declined with reason (1) No compliance of RO in last 5 years and (2) H&C Ground are not sufficient to consider. Option given to file Appeal within 60 days. Please advise whether to opt hearing by reaching within Canada with fresh PRTD application after filing appeal? Do suggest Immigration lawyer's name/detail with time frame, cost and probability of success.

Sounds like your job offer holds little weight, in terms of satisfying the officer that reviewed your application. It may [now] show that you have a reason to return to Canada, but how does it address the reasons why you are in breach of the Residency Obligation to have maintained your PR status? Here's the immediate problem (I think).

Since your PRTD has been denied, you are no longer a PR! Thanks to @dpenabill for the correction.

You have no choice but to appeal and although I have no real idea what that will cost, in terms of solid legal representation, but you can't argue that you may NOT have compelling H&C grounds to even fight for.

You can reach out to the law firm that generously provides these free forums; you'll find their contact numbers at the top of the main page.

Have a look at this thread, first:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/i-received-procedure-fairness-letter-for-my-permanent-resident-travel-document-application-please-let-me-know-what-should-i-do.759626/

Especially, this part:
KEY NOTES:

-- if the PR TD is denied, that is a decision terminating your PR status, so you would need to appeal that in order to have a chance to save your PR status; you will be given 60 days to make that appeal (and this applies even if you manage to travel to Canada via the U.S. and are allowed into Canada . . . if the PR TD has been or is denied, that terminates your status unless you appeal and win the appeal)