+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Appeal process for PRTD: RO not met, H&C grounds denied

Canada@2023

Member
Jun 22, 2023
13
1
Applied for PRTD 11 months ago and received PRTD declined letter of 3 family members this week with reason (1) No compliance of RO in last 5 years and (2) H&C Ground are not sufficient to consider. Option given to file Appeal within 60 days. Please advise whether to opt hearing by reaching within Canada via USA road or with fresh PRTD application after filing appeal? Do suggest Immigration lawyer's name/detail with time frame, cost associated and probability of success based on prior trend. Facts is (i) One of 18+ age family member is in Canada as a PR (ii) Required fund available in Canada to relocate (iii) Job is available, joining and offer letter is deferred by employer in wait of visa confirmation.
 

scylla

VIP Member
Jun 8, 2010
95,833
22,109
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
Applied for PRTD 11 months ago and received PRTD declined letter of 3 family members this week with reason (1) No compliance of RO in last 5 years and (2) H&C Ground are not sufficient to consider. Option given to file Appeal within 60 days. Please advise whether to opt hearing by reaching within Canada via USA road or with fresh PRTD application after filing appeal? Do suggest Immigration lawyer's name/detail with time frame, cost associated and probability of success based on prior trend. Facts is (i) One of 18+ age family member is in Canada as a PR (ii) Required fund available in Canada to relocate (iii) Job is available, joining and offer letter is deferred by employer in wait of visa confirmation.
Have you been in Canada within the last year? If not, then I don't believe a fresh PRTD would be approved after you file your appeal. You can certainly enter Canada through a US border by land if you have valid US visas.

Success is not only based on what is waiting for you in Canada but your reasons for having failed to meet RO (i.e. the reasons that kept you outside of Canada). Other factors that may play a role is how out of compliance you are with RO. Even with this information, I don't think it's possible for any of us to guess what your chances of success will be. Cases are individual so it's really not possible to assess your probabiliby of success based on any trend.

I don't have a lawyer to recommend but perhaps others do.
 

Tubsmagee

Hero Member
Jul 2, 2016
438
131
Check out the law firm that hosts this discussion board. I haven’t worked with them but it might be good place to start.
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,518
Applied for PRTD 11 months ago and received PRTD declined letter of 3 family members this week with reason (1) No compliance of RO in last 5 years and (2) H&C Ground are not sufficient to consider. Option given to file Appeal within 60 days. Please advise whether to opt hearing by reaching within Canada via USA road or with fresh PRTD application after filing appeal? Do suggest Immigration lawyer's name/detail with time frame, cost associated and probability of success based on prior trend. Facts is (i) One of 18+ age family member is in Canada as a PR (ii) Required fund available in Canada to relocate (iii) Job is available, joining and offer letter is deferred by employer in wait of visa confirmation.
How old is the child and who is above 18 and any other children? When did they enter Canada and were they reported at the border? How long have they spent in Canada in the past 5 years?