PRTD declined

[Anand_Sankar]

Hi All,

I had sponsored my parents for PR in 2009 and they had landed in Canada in 2012. My father is currently 74 and mother is 71. They stayed for 3 months that year summer, 4 months in 2014 and 4 months in 2015. In total 11 months. In 2015 my mother fell down in the side walk while walking and broke her shoulder. She had a surgery in Canada and barely recovered.. due to the cold weather they cut short their trip and went back to India.. My mother continues to have pain in her shoulders in 2016 and 2017 and had to get physio and meds in these years in India and couldn’t make it to Canada to fulfill the stay requirements.. meanwhile Their PR card expired in Jun 2017. June 2018, they had applied for PRTD in India on humanitarian grounds.. Just today they received the letter that their PRTD has been declined. We are shocked and wondering if we have the case to appeal the rejection. Given the appeal process could take 2 yrs.. wondering if there is any way they can come to Canada and be here while I initiate the appeal process with the IAD in Toronto.

Since they have not been in Canada even for a single day within last 365 days of application, they might not get the travel visa for appeal.

Can they apply for US Visa and cross the border in 2019 with expired PR card and stay with me and family when we appeal?

Please share your thoughts. many thanks from myself and my parents!!

Regards,

KSA

 

[scylla]

IMO the rejection makes sense based on the reasons provided. IRCC likely feels that remaining in India was a personal choice and your mother could have received treatment in Canada - and spent spring/summers here if cold weather was the problem.

To answer your questions - correct, you should assume Canada won't give them a visa to travel to Canada directly since they haven't been here in the last year. Yes - they can try applying for US visas and if approved, enter Canada through a land border.

 

[Anand_Sankar]

IMO the rejection makes sense based on the reasons provided. IRCC likely feels that remaining in India was a personal choice and your mother could have received treatment in Canada - and spent spring/summers here if cold weather was the problem.

To answer your questions - correct, you should assume Canada won't give them a visa to travel to Canada directly since they haven't been here in the last year. Yes - they can try applying for US visas and if approved, enter Canada through a land border.

 

[canuck78]

The crazy part is that your mother never spent enough time in Canada to qualify for healthcare. Unless they have another reason for missing their RO I don't think you can expect a change in outcome even iff they come in through the US.

 

[Anand_Sankar]

Hi Scylla,

Thanks for your reply. Though it was a personal situation, the situation around it caused them to make that choice.. hence we had applied on humanitarian grounds and I had submitted all hospitalization and medication documents.. My mother didn’t want to be a burden for us when she was having pain. Me and my wife both work here.. In India they could get various household help and physical help. When she had pain she could have a nurse, therapist come home and tend to her..and they know the surroundings and be independent.. while in Canada she was dependent on us to take her to hospital.. They had been visiting us every year and that was always the plan until the injury happened..

Would Canadian land border officials accept them with expired PR card given the residency obligations? Can they apply for Health card when they are here and their appeal is under review.

Thanks a bunch!

 

[canuck78]

Unfortunately the is personal choice. Your parents were already not compliant with their RO when your mother had her shoulder injury so your case is already problematic and then they chose to remain in India.

 

[Anand_Sankar]

Hi guys,

Does the humanitarian and compassionate ground not warrant the appeal if taken up by a lawyer? How much would it cost approx to have an immig lawyer take this case up?
So can I assume:

1. Options available are:
give away their PR and apply for multiple entry travel visa. If applied will they decline because they were PR holders before?

2. Cross border through US.. can we safely assume they will be let in to Canada?

What other options do we have?

Thanks,

 

[canuck_in_uk]

Hi guys,

Does the humanitarian and compassionate ground not warrant the appeal if taken up by a lawyer? How much would it cost approx to have an immig lawyer take this case up?
So can I assume:

1. Options available are:
give away their PR and apply for multiple entry travel visa. If applied will they decline because they were PR holders before?

2. Cross border through US.. can we safely assume they will be let in to Canada?

What other options do we have?

Thanks,

As already explained, there are no H&C grounds. They made the personal choice to stay out of Canada for most of 2012-2015. They made the personal choice to leave because of the weather. They made the personal choice to seek medical treatment in India that could have easily been done in Canada.

If they can make it to the Canada-US border soon, they can enter. However, proceedings will have already begun to revoke their PR status. When their status is revoked, they will be told to leave Canada.

 

[steaky]

Hi guys,

Does the humanitarian and compassionate ground not warrant the appeal if taken up by a lawyer? How much would it cost approx to have an immig lawyer take this case up?
So can I assume:

1. Options available are:
give away their PR and apply for multiple entry travel visa. If applied will they decline because they were PR holders before?

2. Cross border through US.. can we safely assume they will be let in to Canada?

What other options do we have?

Thanks,

How about they renounce their PR and you both sponsor them for immigration from scratch? Hopefully, you and your spouse still maintain the LICO for the past 3 years.

 

[canuck78]

Hi guys,

Does the humanitarian and compassionate ground not warrant the appeal if taken up by a lawyer? How much would it cost approx to have an immig lawyer take this case up?
So can I assume:

1. Options available are:
give away their PR and apply for multiple entry travel visa. If applied will they decline because they were PR holders before?

2. Cross border through US.. can we safely assume they will be let in to Canada?

What other options do we have?

Thanks,

I think you are misunderstanding what H&C grounds are. If your parents had been outside Canada taking care of a parent that was bedridden and had no other family around and they had to stay in India until they died that would be grounds for H&C. Your parents never really relocated to Canada they just spent a few months a year in Canada and returned to India, as they had been doing, when the weather got cooler. Your parents are relatively young and would have been able to attend any medical appointments on their own by car, uber, taxi or public transportation if you weren't available. There are also residency obligations to be covered by healthcare and your parents didn't meet the residency requirement so technically they could be asked to repay back the amount of healthcare they used. You should educate yourself on how many months you must be in Canada to be entitled to use the provincial healthcare services.

I wouldn't waste your money on a lawyer and look at applying again.

 

[canuck78]

Your parents never met any of the residency requirements for OHIP and therefore never qualified.

https://www.ontario.ca/page/apply-ohip-and-get-health-card#section-2

Who qualifies
To qualify for OHIP, you must meet all of the minimum qualifications listed below plus at least one of the additional requirements.

To meet the minimum qualifications you must:

• be physically in Ontario for 153 days in any 12‑month period
• be physically in Ontario for at least 153 days of the first 183 days immediately after you began living in the province
• make Ontario your primary home

You must also meet at least one of the following additional requirements. You:

• are a Canadian citizen
• are an Indigenous person (registered under the federal Indian Act)
• are a permanent resident (formerly called a “landed immigrant”)
• have applied for permanent residence, and Immigration, Refugees and Citizenship Canada has confirmed that:
  • you meet the eligibility requirements to apply
  • you have not yet been denied
• are in Ontario on a valid work permit and are working full-time in Ontario, for an Ontario employer, for at least six months
  • your spouse and any dependents also qualify if you do
• are in Ontario on a valid work permit under the federal Live-in Caregiver Program
• are a convention refugee or other protected person (as defined by Immigration and Refugee Board of Canada)
• have a Temporary Resident Permit (only certain case types, e.g. 86 through 95)
• are a clergy member who can legally stay in Canada and is ministering full time in Ontario for at least six months
  • your spouse and any dependents also qualify if you do

 

[YVR123]

due to the cold weather they cut short their trip and went back to India..

As you have stated truly, they have viewed Canada a "trip", a visit.
Since their past trips didn't qualify for medical anyway, why not try to apply for super visa or even regular visitor visa since they had never stayed past 6 months at a time anyway. They will need travel health insurance (and since they didn't qualify to get provincial healthcare coverage anyway, they need private travel health insurance)
I also don't see any H&C ground.

 

[paul2587]

Hi guys,

Does the humanitarian and compassionate ground not warrant the appeal if taken up by a lawyer? How much would it cost approx to have an immig lawyer take this case up?
So can I assume:

1. Options available are:
give away their PR and apply for multiple entry travel visa. If applied will they decline because they were PR holders before?

2. Cross border through US.. can we safely assume they will be let in to Canada?

What other options do we have?

Thanks,

Agree with others, not surprised this was rejected on H&C grounds because this doesn't really meet that requirement. Until their PR status is formally revoked, they can cross from the US via land border with an expired PR card so unless/until their PR status is revoked, that is an option. They could also just come on a visitor visa and pay for travel health insurance, which might be a better idea given that they don't appear to want to be in Canada more than a few months a year. Or you could start over again and sponsor them for PR status, but unless they plan on living full time in Canada for at least 5 months per year for all five years, they will not fulfill the RO next time and this will just happen all over again. Either way, forget abut the H&C appeal. It won't work and you'll waste a lot of money.

 

[canuck78]

As you have stated truly, they have viewed Canada a "trip", a visit.
Since their past trips didn't qualify for medical anyway, why not try to apply for super visa or even regular visitor visa since they had never stayed past 6 months at a time anyway. They will need travel health insurance (and since they didn't qualify to get provincial healthcare coverage anyway, they need private travel health insurance)
I also don't see any H&C ground.

I suspect they used OHIP to get the shoulder surgery.

 

[Pratipalsinhvaghela106]

Hello guys ,i have a big problem .I am
a permeant resident of canada on 4th December,2018 then i went to USA after 125 days with my wife on TD as her dependent and then we have some personal issue and and conflict so she kept hold my PR card and sent me india again with out my PR card and my all SIN number or personal documents.and i do not have any documents of PRTD application want from me to re-enter into canada.What is the solution?What can i do now?