Urgent question about apeal

[bahaar]

Hi,

We applied for PRTD for my father who did not meet residency obligation. The request was rejected and it seems as soon as this happens his PR status will be automatically revoked if we don't appeal. does any one here has a success story of appealing the decision. I am afraid that if we don't appeal we wont be able to file a new application for spousal sponsorship through my mother who is a Canadian citizen or this rejection might affect a new application. Any suggestion from folks who went through the same issue?

 

[scylla]

Hi,

We applied for PRTD for my father who did not meet residency obligation. The request was rejected and it seems as soon as this happens his PR status will be automatically revoked if we don't appeal. does any one here has a success story of appealing the decision. I am afraid that if we don't appeal we wont be able to file a new application for spousal sponsorship through my mother who is a Canadian citizen or this rejection might affect a new application. Any suggestion from folks who went through the same issue?

Yes, his PR status will be officially lost if you don't appeal. Yes, appeals are sometimes successful however they typically take 2 years and you have to demonstrate strong H&C reasons for having failed to meet the residency obligation.

This won't have any impact on your mother sponsoring him for PR. In my opinion your best option is to not appeal, let your father's PR status be officially revoked and then have your mother sponsor him for PR again. This will take less time than the appeal. And you don't know if the appeal will be successful.

 

[bahaar]

Scylla,

are you sure? have you gone through the same process or did anyone close to you had a similar case? Last night we decided to exactly do what you suggested but then I started to read different immigration guidelines and the more i read the more I started to believe that this initial rejection of PRTD will affect his new sponsorship application. Besides, I don't think there is much more than we can prove in our appeal.

 

[bahaar]

one more question is : what if we submit the appeal form but at the same time submit a fresh application for spousal sponsorship? we try both at the same time

 

[scylla]

one more question is : what if we submit the appeal form but at the same time submit a fresh application for spousal sponsorship? we try both at the same time

No - you can't do this.

Your mother can only submit an application to sponsor your father once he is no longer a PR.

You can't do both.

 

[scylla]

Scylla,

are you sure? have you gone through the same process or did anyone close to you had a similar case? Last night we decided to exactly do what you suggested but then I started to read different immigration guidelines and the more i read the more I started to believe that this initial rejection of PRTD will affect his new sponsorship application. Besides, I don't think there is much more than we can prove in our appeal.

A PRTD rejection and/or appeal won't affect a new PR application.

What did you read in immigration guidelines that made you think this would have an impact?

 

[bahaar]

I tried to find it now but couldn't. I was going back and forth between too many pages late last night. I am just in a panic mode that we might not be able to bring my father to Canada ever! while we all work and live in Canada including my mother.

 

[scylla]

I tried to find it now but couldn't. I was going back and forth between too many pages late last night. I am just in a panic mode that we might not be able to bring my father to Canada ever! while we all work and live in Canada including my mother.

Fastest will be for her to sponsor him for PR from scratch. Appeals take years and without strong H&C reasons (beyond what you included in the PRTD application), you'll be looking at a refusal and she'll need to sponsor him anyway.

 

[bahaar]

My sister just mentioned that she filed a paper for my mother as Low income last year so she does not have to pay co-pay for her medications. We have to investigate and ensure that this is not considered 'Welfare', if so she wont be eligible to sponsor him
My mother has never applied or received any social assistant though.

 

[scylla]

My sister just mentioned that she filed a paper for my mother as Low income last year so she does not have to pay co-pay for her medications. We have to investigate and ensure that this is not considered 'Welfare', if so she wont be eligible to sponsor him
My mother has never applied or received any social assistant though.

This probably isn't welfare but yes, you need to confirm that.

If it is welfare, my recommendation is to take her off of it.

The appeal route is a far far longer path with a great deal of uncertainly with regards to the end result. You already know the H&C reasons you presented were not accepted for the PRTD. Unless there's something else that's significant which you failed to mention in the PRTD application, there's a high chance the appeal will result in refusal as well.

Anyway, ultimately your decision.

 

[bahaar]

my personal preference is not to appeal and just go for a spousal sponsorship. thanks for your quick response. I really appreciate it.

 

[bahaar]

I have a follow up question and need some advise. In the form Imm5669e Background/Declaration #12 e which is part of spousal sponsorship it asks:

• Been refused admission to, or ordered to leave Canada or any other country( Yes/ No)

Now that my Father PRTD is rejected does it means that we need to say "YES"?
AND
does it mean that we have to go through appeal or not mandatory if we want to do spousal sponsorship?