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Got R-1 visa. What's next?

rrgulati

Member
May 20, 2024
12
3
How to deal with it is up to you. You can leave and then apply for a PRTD when you expect to return; it could be approved, or it could be refused, in which case you would likely lose your PR status (barring a successful appeal).

Or you could stay in Canada and, for example, transfer to a Canadian university. Or some other decision about education. You would not lose your PR status.

No-one can tell you the likelihood of the second PRTD being refused. The R-1 issuance instead of RC-1 gives at least SOME hint that they possibly didn't think the case for H&C was strong. Would they find a second PRTD app for H&C based on your decision to finish your studies? It doesn't sound very compelling, but I honestly have no idea.

Going back to your post here above:


You say you were a minor and had to return because of some emergency, but based on having almost completed post-secondary education, you just stayed after you became an adult, and to a large degree as a matter of choice.

BTW the point of 'removed as a minor' is that your parents took the decision (whether an emergency or not is rather secondary in this context, unless that 'emergency' continued for several years, in which case 'emergency' may not be the right word). One of the ways they (reportedly) evaluate these removed-as-minor cases is whether the applicant tried to return as soon as feasible upon reaching age of majority. Having completed three years or more of secondary education, in most places after age of 18, would seem mathematically to put you right at the outer age of 'trying to return soon' after reaching a-o-m.

Anyway: I'm not trying to be argumentative and I do not know all the details of your case (maybe you started university at age 15). Just pointing out how it is possible this MAY be looked at.

At this point, you are an adult and the "removed-as-minor" thing probably not going to play any more, or at least higher risk. Is 'I wanted to finish my bachelor's degree' a compelling H&C reason? Don't know. Possibly they'd just give you a chance; possibly not.

Now that you're an adult, it's a not very enviable choice to have to make. Good luck.
Thankyou so much for your response. When I turned 18, the world was hit by the COVID 19 pandemic so I started university in my home country itself that's why I was not able to immigrate to Canada immediately.
 
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armoured

VIP Member
Feb 1, 2015
17,325
8,921
Thankyou so much for your response. When I turned 18, the world was hit by the COVID 19 pandemic so I started university in my home country itself that's why I was not able to immigrate to Canada immediately.
That probably played a role (they do take these things into account) - but then, most of the major travel and other pandemic restrictions were lifted by 2022 (in truth, they didn't really apply to you as a PR either, but travel restrictions weren't the only thing going on). So that's two years after the pandemic.

That may play a role in why it was an R-1 instead of RC-1 (pure speculation, mind) - give you a chance and let you decide for yourself on intent to reside in Canada, but without formally adjudicating it as H&C.

We don't know whether that chance will be repeated, though.

Only you can decide. I understand the desire to finish your university program now, of course. But I fear any comment on what might happen is speculation / a guess / an informed guess, etc, inevitably coloured by the beliefs and experiences of the person commenting.
 
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rrgulati

Member
May 20, 2024
12
3
That probably played a role (they do take these things into account) - but then, most of the major travel and other pandemic restrictions were lifted by 2022 (in truth, they didn't really apply to you as a PR either, but travel restrictions weren't the only thing going on). So that's two years after the pandemic.

That may play a role in why it was an R-1 instead of RC-1 (pure speculation, mind) - give you a chance and let you decide for yourself on intent to reside in Canada, but without formally adjudicating it as H&C.

We don't know whether that chance will be repeated, though.

Only you can decide. I understand the desire to finish your university program now, of course. But I fear any comment on what might happen is speculation / a guess / an informed guess, etc, inevitably coloured by the beliefs and experiences of the person commenting.
Let's hope for the best. Thank you for your kind attention.
 
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MahSh

Full Member
Mar 9, 2024
25
5
No, not yet.
did you try calling IRCC? I submitted my renewal based on H&C (formal positive h&c decision made by minister’s delegate 4 months ago) on 14th July. I called them last week they said its still in the initial stages but apparently they’ve started processing it. I’m getting worried.
 

rrgulati

Member
May 20, 2024
12
3
did you try calling IRCC? I submitted my renewal based on H&C (formal positive h&c decision made by minister’s delegate 4 months ago) on 14th July. I called them last week they said its still in the initial stages but apparently they’ve started processing it. I’m getting worried.
Actually I came back to India for my ongoing studies, I can't call IRCC right now. All I can do is wait.
 
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