Applied for PRTD and now need to respond to Procedural Fairness Letter

[canuck78]

I was specific with the lawyer about drafting a response to the PFL (as a result of the PRTD application) which is quite understandable. I wouldn't want to comment on the way they look at it. Appeal comes in only when we reach that stage. I immigrated under FSW. I respect it's a lawyer's profession and they deserve fees but it cant be a rip-off. I need a job hence I applied for the job and then PRTD. It's a question of survival for me at this stage. I am not flush with funds and the lawyer has to appreciate that but as of now yet to come across someone who shares the same perspective.

The lawyer can’t give away their services for free and if you’re not even in Canada it would be a huge risk for him/her to set up a payment plan (payment plan would still be unusual for helping draft a letter). All you can do is try your best to provide proof of why you couldn’t relocate since 2010. It is a long shot so I would try to secure a job in your home country.

 

[scylla]

I was specific with the lawyer about drafting a response to the PFL (as a result of the PRTD application) which is quite understandable. I wouldn't want to comment on the way they look at it. Appeal comes in only when we reach that stage. I immigrated under FSW. I respect it's a lawyer's profession and they deserve fees but it cant be a rip-off. I need a job hence I applied for the job and then PRTD. It's a question of survival for me at this stage. I am not flush with funds and the lawyer has to appreciate that but as of now yet to come across someone who shares the same perspective.

If that's the case then you will need to respond to the PFL on your own without the assistance of a lawyer. You can reach out to more lawyers, but I expect all of their fees will be within the same general range. So probably best to devote your calories to the PFL response.

- You can certainly mention your son. I think this will be a weak argument given he has never lived in Canada so it will be very difficult to make an argument "in the best interest of a child". But certainly no harm trying.
- I would recommend that you focus on providing stronger evidence and making a stronger argument for why you were unable to return to Canada to meet the residency requirement. You want to both prove the severity of her illness as well as the fact there was no one else who could take care of her. It sounds like you have a sibling in your home country so the second point might be quite difficult to prove. But you need to try. Also, the fact she was fit the last two years raises the question of why you didn't return to Canada 2 years ago. That's quite problematic for your H&C case.
- If there are any ties you have to Canada which remained after you left (e.g. bank accounts, investments, property), provide evidence of that as well.
- Economic reasons for not meeting the residency obligation (e.g. not being able to secure a job in Canada, keeping your job outside of Canada) are typically seen as very weak H&C arguments.

Is there any chance your employer in Canada might be willing to obtain an approved LMIA? Unfortunately there's definitely a good chance your PRTD application may be refused in which case you would need to reapply for PR through an economic immigration stream like Express Entry.

Good luck.