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DO NOT comply Residency Obligation to renew my PR

hahneeric

Newbie
Nov 4, 2017
9
0
well i was a little dramatic, but i have to quit my job, where i`m a partner, not an employee. there is no coming back for that. this sort of position don't come that easy in south america. im no longer a kid. im 40 so its time to get it right . get a no at the end of the line is tough to swallow with wife and all
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
hi, i got all my papers to back my humanitarian compassionate grounds demand and the embassy said that i had to apply for a travel document to go to Canada and as soon as i get there ask for my PR card or to start the demand for HC from there. the process may take up to 9 months and only then i`ll get an answer. does that make any sense? i`m not a refugee. i have to quit my job, sell car, house all to go and maybe get a big NOPE.
is there a way to apply for HC from my country, wait and if I get a positive answer then I go. it is the most sensible thing i think.
If you have not been in Canada within the past 365 days you are not entitled to a PRTD to go to Canada and appeal. You will have to apply for a PRTD from your local visa office and, if refused, appeal under H&C from where you currently live. There is no point in abandoning your current home/job until you are finally able to obtain a travel document.
 
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steaky

VIP Member
Nov 11, 2008
14,770
1,750
Job Offer........
Pre-Assessed..
well i was a little dramatic, but i have to quit my job, where i`m a partner, not an employee. there is no coming back for that. this sort of position don't come that easy in south america. im no longer a kid. im 40 so its time to get it right . get a no at the end of the line is tough to swallow with wife and all
Depending what work nature, you don't necessarily have to quit your job. Despite an aquintance of mine is a partner of a law firm in my country, he is not a Canadian lawyer and he meets clients like me in BC for handling legal matters in the other jurisdiction.
 

hahneeric

Newbie
Nov 4, 2017
9
0
If you have not been in Canada within the past 365 days you are not entitled to a PRTD to go to Canada and appeal. You will have to apply for a PRTD from your local visa office and, if refused, appeal under H&C from where you currently live. There is no point in abandoning your current home/job until you are finally able to obtain a travel document.
If you have not been in Canada within the past 365 days you are not entitled to a PRTD to go to Canada and appeal. You will have to apply for a PRTD from your local visa office and, if refused, appeal under H&C from where you currently live. There is no point in abandoning your current home/job until you are finally able to obtain a travel document.
i have not been Canada for more than 7 years. i assumed the PRTD would be issued . do you think it will be refused ?
 

hahneeric

Newbie
Nov 4, 2017
9
0
Depending what work nature, you don't necessarily have to quit your job. Despite an aquintance of mine is a partner of a law firm in my country, he is not a Canadian lawyer and he meets clients like me in BC for handling legal matters in the other jurisdiction.
its a small company. my cousin and I run it. if i leave the right thing to do is to sell my part.
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,519
Unfortunately dealing with an alcoholic parent for the past almost 10 years is not a very strong reason especially since I imagine the alcoholism didn't start as soon as you applied for PR. If you were able to get married, be partners in a business, do any form of business or personal travel, etc it would be hard to show that you were unable to move to Canada. Was your wife a PR as well because that will also be an issue? As @zardoz mentioned, apply for prtd with H&C reasons and wait and see what happens. Think that is what the caller may have really meant is that by applying for prtd it will trigger the H&C review. The only way you could enter was by land at the Canadian border.
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,519
i have not been Canada for more than 7 years. i assumed the PRTD would be issued . do you think it will be refused ?
No prtd will not be issued an H&C review will happen to determine if you get a prtd. Canada doesn't want you to enter or it is harder to make you leave.
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
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
Apply for the PRTD with H&C considerations from your home country. Very high chance it's going to be refused

It doesn't make sense to quit your job and sell your house when the most likely outcome is the loss of your PR status.
 

hahneeric

Newbie
Nov 4, 2017
9
0
Unfortunately dealing with an alcoholic parent for the past almost 10 years is not a very strong reason especially since I imagine the alcoholism didn't start as soon as you applied for PR. If you were able to get married, be partners in a business, do any form of business or personal travel, etc it would be hard to show that you were unable to move to Canada. Was your wife a PR as well because that will also be an issue? As @zardoz mentioned, apply for prtd with H&C reasons and wait and see what happens. Think that is what the caller may have really meant is that by applying for prtd it will trigger the H&C review. The only way you could enter was by land at the Canadian border.
My wife is also a PR, when I first left to Canada I already had a business. But you are right. I have a friend who went through the same thing and he decided to apply for PR all over again. And he succeeded.
Given my age 40 and my wife 36 no kids yet. My odds are better trying PR all over again or H&C ? We speak French, English, graduate etc thanks for all the answers!
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
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
My wife is also a PR, when I first left to Canada I already had a business. But you are right. I have a friend who went through the same thing and he decided to apply for PR all over again. And he succeeded.
Given my age 40 and my wife 36 no kids yet. My odds are better trying PR all over again or H&C ? We speak French, English, graduate etc thanks for all the answers!
Recommend you calculate how many points you have under the Express Entry program. It's a points-based system and those with the most points are selected. You will lose substantial points based on your age - however hopefully you can overcome that with your work experience, education and language test results. As of now, only those with 440+ points are being selected.
 

sugathri

Full Member
Nov 4, 2018
33
0
I am in a similar fix. Me and my family have moved to Canada in August 2008. We stayed there for 2 years and applied to PR and came back to India. We got a mail saying we got PR and we need to get it stamped for confirmation. So we came back on June 24, 2013 and got our stamping done and became PR since 25-06-2013. My PR card expired on 06 SEP 2018. I couldn't stay in Canada after stamping because I am in the middle of intermediate studies and my sister was in grade ten. Hence my family didn't want to disturb our studies and we weren't financially stable, so we came back. I then completed my bachelors in India with 75%. I wanted to study and settle in Canada, so I applied for Masters and got admission in University of Windsor two days before. Now should I apply for study permit or PRTD? I don't want to lose my PR and I really want to take up residence in Canada. My classes start from January 3, 2019 and I don't know whether I have to apply for PR or Study Permit. If I apply for PRTD and enter canada with it and stay for 2 years, can I renew my PR then? Or if the authorities won't allow me at the port of entry and put enquiry on my status. will they have the chance of revoking it? help me. what should i do now?
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,519
I am in a similar fix. Me and my family have moved to Canada in August 2008. We stayed there for 2 years and applied to PR and came back to India. We got a mail saying we got PR and we need to get it stamped for confirmation. So we came back on June 24, 2013 and got our stamping done and became PR since 25-06-2013. My PR card expired on 06 SEP 2018. I couldn't stay in Canada after stamping because I am in the middle of intermediate studies and my sister was in grade ten. Hence my family didn't want to disturb our studies and we weren't financially stable, so we came back. I then completed my bachelors in India with 75%. I wanted to study and settle in Canada, so I applied for Masters and got admission in University of Windsor two days before. Now should I apply for study permit or PRTD? I don't want to lose my PR and I really want to take up residence in Canada. My classes start from January 3, 2019 and I don't know whether I have to apply for PR or Study Permit. If I apply for PRTD and enter canada with it and stay for 2 years, can I renew my PR then? Or if the authorities won't allow me at the port of entry and put enquiry on my status. will they have the chance of revoking it? help me. what should i do now?
Did you apply as a domestic or international student?
 

sugathri

Full Member
Nov 4, 2018
33
0
Did you apply as a domestic or international student?
international student. while applying for study permit, my consultant said since ur a pr, maybe u wont get study permit. so i mailed canadian high consulate in delhi and they replied to get a prtd. but im still scared and worried
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,519
international student. while applying for study permit, my consultant said since ur a pr, maybe u wont get study permit. so i mailed canadian high consulate in delhi and they replied to get a prtd. but im still scared and worried
You also have a problem with the school who admitted you based on the fact that you will pay international fees. Entry averages are often different for both international and domestic students. Now that there is lots of competition between international students it is not a huge difference like it used go be. Hard to say if you would get your PRTD in time. Do you have a US visa? The better option would be to land in the US and drive in a private car to the US border. If that all works out you'll have to talk to your program about not being an international student.
 

7890033455

Full Member
Sep 19, 2017
40
0
Hello,

I have a similar situation, PRTD rejected, filed appeal. Hearing over tele conference is schedule in Dec 2018. But I want to go to Canada to appear F2F hearing.

Can I cross US border by Train or Bus as I don't have personal Car to cross? As I was not present a single day in last 365 Day so PRTD will not issue.