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PRTD- humanitarian and compassionate grounds

km98

Member
May 15, 2017
14
0
My father has been a permanent resident of Canada since 1993 and my mother and I became permanent residents in 2003 and held it till 2014. However we only stayed in Canada for a few weeks in 2009 as we had to go back to India due to my father's work issues( civil court case) and I being minor had to accompany them. Now, in 2017 our family is planning to go back to Canada as the case is resolved. I'm now 18 (will be 19 in a couple of months) and have got admission in a university in Canada. My entire family from the paternal side are Canadian citizens and well settled. We have applied for a permanent resident travel document. What are our chances of getting it.
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Your chances are high based on your age - you should apply for the PRTD on your own.

Your parents' chances are low. It doesn't look like they have real H&C reasons for having failed to meet the residency obligation.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
My father has been a permanent resident of Canada since 1993 and my mother and I became permanent residents in 2003 and held it till 2014. However we only stayed in Canada for a few weeks in 2009 as we had to go back to India due to my father's work issues( civil court case) and I being minor had to accompany them. Now, in 2017 our family is planning to go back to Canada as the case is resolved. I'm now 18 (will be 19 in a couple of months) and have got admission in a university in Canada. My entire family from the paternal side are Canadian citizens and well settled. We have applied for a permanent resident travel document. What are our chances of getting it.
Agreed with above. Odds are you will be able to keep PR status, and your parents will have their PR status revoked. So hopefully you are prepared to move to Canada without them.

In general employment related issues are NOT considered H&C reasons to not meet the RO.
However being removed from Canada as a minor and trying to return around age 19 is a commonly accepted H&C reason. Hopefully they see this in the PR TD app you already submitted, however if you all applied together there's a chance they would just reject all in which case you would need to appeal. You may want to try contacting the visa office, or even cancelling your app and submitting one independent from your parents, to make sure they process yours accordingly.
 

km98

Member
May 15, 2017
14
0
Your chances are high based on your age - you should apply for the PRTD on your own.

Your parents' chances are low. It doesn't look like they have real H&C reasons for having failed to meet the residency obligation.
My parents couldn't leave the country due to legal reasons as they were stuck in a court case and there presence was required in India due to frequent court hearings.
 

km98

Member
May 15, 2017
14
0
Agreed with above. Odds are you will be able to keep PR status, and your parents will have their PR status revoked. So hopefully you are prepared to move to Canada without them.

In general employment related issues are NOT considered H&C reasons to not meet the RO.
However being removed from Canada as a minor and trying to return around age 19 is a commonly accepted H&C reason. Hopefully they see this in the PR TD app you already submitted, however if you all applied together there's a chance they would just reject all in which case you would need to appeal. You may want to try contacting the visa office, or even cancelling your app and submitting one independent from your parents, to make sure they process yours accordingly.
I have mentioned in the cover letter that I want to return to Canada as I will be studying at a Canadian university as I have got admission in one and a have attached the letter of acceptance. Will this help?
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
My parents couldn't leave the country due to legal reasons as they were stuck in a court case and there presence was required in India due to frequent court hearings.
Again, probably not a valid case for H&C.
However ultimately the final decision will be up to the visa officer processing the PR TD app. Maybe they'll get lucky.

I have mentioned in the cover letter that I want to return to Canada as I will be studying at a Canadian university as I have got admission in one and a have attached the letter of acceptance. Will this help?
Yes it should help. Hopefully even if your parents are rejected, you will still get PR TD on your own H&C reasons.
 

km98

Member
May 15, 2017
14
0
Again, probably not a valid case for H&C.
However ultimately the final decision will be up to the visa officer processing the PR TD app. Maybe they'll get lucky.



Yes it should help. Hopefully even if your parents are rejected, you will still get PR TD on your own H&C reasons.
And my University starts on September 5, i've applied for the PRTD on April 18, however, I've heard that sometime it takes upto 5 months for processing. This would mean that i won't be able to go to Canada before my University starts which may cause me to lose a semester. Is there any way to speed up the process a little, lets say to about 3 months by letting them know this.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
And my University starts on September 5, i've applied for the PRTD on April 18, however, I've heard that sometime it takes upto 5 months for processing. This would mean that i won't be able to go to Canada before my University starts which may cause me to lose a semester. Is there any way to speed up the process a little, lets say to about 3 months by letting them know this.
You can certainly contact the visa office processing your PR TD and ask, although it's completely up to them if they consider your situation and how long the process takes.
 

div8866

Newbie
Sep 4, 2018
4
0
hello sir,
I would like to get some assistance from you about my case, regarding PR.
I was sponsored by my dad in 2008 to Canada when i was 13 and i had valid PR card back then. I also studied there for 1 year. But after 1 year my dad had to return back to India due to family reasons, cause of that i too had to move back to India. Dude to this reason my PR got expired. But now in 2018 i would like to reclame my PR through PRTD. Is it possible for me to get back PR, and if it is then how. What would i need to do in order to get PR renewed. Your assistance will mean lot to me.
Thank you
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
hello sir,
I would like to get some assistance from you about my case, regarding PR.
I was sponsored by my dad in 2008 to Canada when i was 13 and i had valid PR card back then. I also studied there for 1 year. But after 1 year my dad had to return back to India due to family reasons, cause of that i too had to move back to India. Dude to this reason my PR got expired. But now in 2018 i would like to reclame my PR through PRTD. Is it possible for me to get back PR, and if it is then how. What would i need to do in order to get PR renewed. Your assistance will mean lot to me.
Thank you
Hi

You can try but as you are 22-23 years old, chances are lower. You could have moved back 4-5 years ago.
 
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torontosm

Champion Member
Apr 3, 2013
1,676
261
thank you sir for replying to me this fast.
How can i make my case strong, what proof should i attech to my prtd application.
It depends...what have you been doing in India since you turned 18? Have you been studying, working, etc. or something personal like taking care of family?