PRTD

[BYCO]

My Wife has a valid PR and she is living in Canada with our 16 year old son.
My PR card has expired last year. I got the PR with my family in 2013.
I am out of Canada living in Saudi Arabia.My total stay in Canada in the last 5 years is only 3 months.
Do you think I will get PRTD on Humanitarian & Compassionate grounds.??
Another option would be apply for spousal sponsorship through my wife currently staying in Canada.
Please comment.

 

[canuck_in_uk]

My Wife has a valid PR and she is living in Canada with our 16 year old son.
My PR card has expired last year. I got the PR with my family in 2013.
I am out of Canada living in Saudi Arabia.My total stay in Canada in the last 5 years is only 3 months.
Do you think I will get PRTD on Humanitarian & Compassionate grounds.??
Another option would be apply for spousal sponsorship through my wife currently staying in Canada.
Please comment.

What are your H&C grounds? Having your spouse and child in Canada is not H&C grounds, as they clearly did fine for the past 5 years without you living here.

 

[BYCO]

Thanks for the response. If spouse and child are not the basis for H&C I think I should try spousal sponsorship. In that I think I have to renounce my PR card.
Please confirm.

 

[canuck_in_uk]

Thanks for the response. If spouse and child are not the basis for H&C I think I should try spousal sponsorship. In that I think I have to renounce my PR card.
Please confirm.

Yes, you would have to first renounce your status and then apply for sponsorship.

 

[canuck78]

Just want to clarify that although your PR card expired you remained a PR and also were a tax resident of Canada. You renounce PR not the card.

 

[MRESIDENCY]

Hi there,

Can somebody give me an advise whats bet for my dad giving the following: he got the PRTD REFUSAL letter as of December 18 (as per letter date) due to RO not meet
He is in Romania for more the 365 days but I got (I'm a canadian citizen) an invitation letter from immigration back in Nov 2018 for him to go and provide some documents and talk to an officer in order to receive his RENEWAL PR (when we applied he was having 759 days stayed in Canada which means he was ok with his RO) but as time passed and they calculate the LAST 5 years such as he is not meeting the RO anymore...less then 730...
Letter says that he has 60 days to appeal otherwise the letter becomes the final determination of his PR status.
what does it mean?....that he is losing hid PR status even though the RENEWED pr card maybe is ok but he is not able to pick it up as he can't enter in Canada because he got PRTD refusal??
whats your advise?...since we are running out of time and he wants to come to visit us
thanks so much

 

[canuck_in_uk]

Hi there,

Can somebody give me an advise whats bet for my dad giving the following: he got the PRTD REFUSAL letter as of December 18 (as per letter date) due to RO not meet
He is in Romania for more the 365 days but I got (I'm a canadian citizen) an invitation letter from immigration back in Nov 2018 for him to go and provide some documents and talk to an officer in order to receive his RENEWAL PR (when we applied he was having 759 days stayed in Canada which means he was ok with his RO) but as time passed and they calculate the LAST 5 years such as he is not meeting the RO anymore...less then 730...
Letter says that he has 60 days to appeal otherwise the letter becomes the final determination of his PR status.
what does it mean?....that he is losing hid PR status even though the RENEWED pr card maybe is ok but he is not able to pick it up as he can't enter in Canada because he got PRTD refusal??
whats your advise?...since we are running out of time and he wants to come to visit us
thanks so much

The renewal of the PR card is irrelevant. Unless he appeals and has H&C grounds, his PR status will be revoked.

 

[MRESIDENCY]

thanks very much..I was thinking the same.
Even if we appeal I don't think is any chance...

can you please tell me giving the fact that in the letter of refusal that he got its says final determination after 60 days...can he apply for a ETA since after those 60 days his PR will be revoked?

the date of the letter is Dec 18 2018, which means by Feb 18, 2019 without appeal...he is losing his status automatically so he can apply, am I right?

thx

 

[MRESIDENCY]

and also just for curiosity how long will take if he appeals for a hearing?

 

[canuck_in_uk]

thanks very much..I was thinking the same.
Even if we appeal I don't think is any chance...

can you please tell me giving the fact that in the letter of refusal that he got its says final determination after 60 days...can he apply for a ETA since after those 60 days his PR will be revoked?

the date of the letter is Dec 18 2018, which means by Feb 18, 2019 without appeal...he is losing his status automatically so he can apply, am I right?

thx

Yes, he can apply after the 60 days has elapsed and his status is lost.

and also just for curiosity how long will take if he appeals for a hearing?

Appeals can take quite a long time.

 

[MRESIDENCY]

few more questions and I will be fine - really appreciate your help!
1. after Feb 18, he will apply for ETA such as when he will come in Canada he will come like a visitor. does he has to say anything at the Airport or nobody will ask?
3. is any point for him to still to go with the invitation letter at the emigration in Toronto? can I reapply for hid PR later on?
4. is the health card still valid after Feb 18 since the expiration date is in 2023?
5. do we have to notify anybody for the PR change status or it will be automatically in the system at government
6. my mom is still a PR resident such as from now on they will have to complete 2 customs right? one for her and one for him

thanks!!!!

 

[MRESIDENCY]

no need to renounce to the PR right? since we have that final determination letter after 60 days...
I just want to make sure he will be ok to get he ETA and no issues in Toronto @airport

 

[canuck78]

Is your mother still compliant with her RO? If they looked 5 years back from today would she have lived in Canada for 730 days? Is she also out of Canada?

 

[canuck_in_uk]

few more questions and I will be fine - really appreciate your help!
1. after Feb 18, he will apply for ETA such as when he will come in Canada he will come like a visitor. does he has to say anything at the Airport or nobody will ask?
3. is any point for him to still to go with the invitation letter at the emigration in Toronto? can I reapply for hid PR later on?
4. is the health card still valid after Feb 18 since the expiration date is in 2023?
5. do we have to notify anybody for the PR change status or it will be automatically in the system at government
6. my mom is still a PR resident such as from now on they will have to complete 2 customs right? one for her and one for him

thanks!!!!

1. He doesn't need to say anything at the airport.

3. No point. He will no longer be a PR. He can apply for PR again if he qualifies.

4. No. He was required to inform the provincial health authority when he left Canada. He must inform them of his loss of PR status. If he uses his card, he will be committing healthcare fraud.

5. No one will know except IRCC.

6. Yes.

 

[MRESIDENCY]

my mom is out of the country as well. She is ok since she stayed more then my dad such as if they look 5 years back from today she have lived in Canada for 730 days....she got her PRTD in her passport for 1 year...
planning to bring them both after my dad will be able to submit for his ETA after feb 18...