Chances of appeal success when PRTD rejected

[crazyaboutcanada]

Yes, an appeal will likely take a year and a half (maybe long now due to COVID-19 processing delays). And yes, while the appeal is in progress, you cannot reapply for PR. You have to pick one or the other. You cannot do both.

Scylla : I am in dilemma. I do not want to go through the entire process of a new PR again (medicals, IELTS) at this age of 50, forms submission, costs attached with application, consultant and all. Moreover, if I apply for a fresh PR, my daughter who is aged 24 years cannot be covered as a family. She is not eligible to get the PR on her own. On the other hand, if I appeal against the rejection of my and my daughter's PRTD, I will process it without lawyer so no costs are involved. But I am not sure of the success rate (though I have a feeling/hope that my appeal will be approved ) and the major constraint is time to get a decision on appeal. If you were in my case, what would you do? Please suggest.

The other thing is my son who is aged 17 years now wants to pursue his further studies in Canada only. So he wants to go back next year to join his chosen college there. Does he need to apply for PRTD now or just book a flight with the expired PR card? If he has to apply for PRTD, does it have any repercussion of my PRTD rejection? (I know I am asking so many questions.. thanks for your patience).

 

[scylla]

Scylla : I am in dilemma. I do not want to go through the entire process of a new PR again (medicals, IELTS) at this age of 50, forms submission, costs attached with application, consultant and all. Moreover, if I apply for a fresh PR, my daughter who is aged 24 years cannot be covered as a family. She is not eligible to get the PR on her own. On the other hand, if I appeal against the rejection of my and my daughter's PRTD, I will process it without lawyer so no costs are involved. But I am not sure of the success rate (though I have a feeling/hope that my appeal will be approved ) and the major constraint is time to get a decision on appeal. If you were in my case, what would you do? Please suggest.

The other thing is my son who is aged 17 years now wants to pursue his further studies in Canada only. So he wants to go back next year to join his chosen college there. Does he need to apply for PRTD now or just book a flight with the expired PR card? If he has to apply for PRTD, does it have any repercussion of my PRTD rejection? (I know I am asking so many questions.. thanks for your patience).

It's really your choice what you do. I can't tell you what to do.

I can't tell you what your chances of success are with regards to the appeal. Have you consulted any immigration lawyers about the appeal? I would listen to whatever they have told you. If you decide to appeal, I would recommend hiring an immigration lawyer. The chances of success will be even lower than they are now if you appeal without the help of an immigration lawyer. If you move ahead with the appeal, this will not be a fast process. To the best of my knowledge, you're looking at around a year and a half before there will be a decision (this may be slower right now due to COVID).

Reapplying for PR at your age will be difficult since you will have lost substantial points due to your age. Having said that, some people are successful in applying and being approved at 50.

Your son needs a PRTD to fly to Canada. He cannot fly on an expired PR card. He will not be allowed to board the plane. His PRTD application would be completely separate from your PRTD application and rejection.

 

[crazyaboutcanada]

It's really your choice what you do. I can't tell you what to do.

I can't tell you what your chances of success are with regards to the appeal. Have you consulted any immigration lawyers about the appeal? I would listen to whatever they have told you. If you decide to appeal, I would recommend hiring an immigration lawyer. The chances of success will be even lower than they are now if you appeal without the help of an immigration lawyer. If you move ahead with the appeal, this will not be a fast process. To the best of my knowledge, you're looking at around a year and a half before there will be a decision (this may be slower right now due to COVID).

Reapplying for PR at your age will be difficult since you will have lost substantial points due to your age. Having said that, some people are successful in applying and being approved at 50.

Your son needs a PRTD to fly to Canada. He cannot fly on an expired PR card. He will not be allowed to board the plane. His PRTD application would be completely separate from your PRTD application and rejection.

Thank you for your time. My son wants to go to Canada for higher studies (graduation). Is there a way I can accompany him for funding till my appeal gets finally decided?

 

[scylla]

Thank you for your time. My son wants to go to Canada for higher studies (graduation). Is there a way I can accompany him for funding till my appeal gets finally decided?

I'm not sure what you mean by "for funding". You don't have to be in Canada to fund his studies in Canada.

In terms of entering Canada, the only way you can enter Canada while the appeal is in progress would be to get a U.S. visa, fly to the U.S. and then re-enter Canada through a land border using a private vehicle.

 

[canuck78]

Thank you for your time. My son wants to go to Canada for higher studies (graduation). Is there a way I can accompany him for funding till my appeal gets finally decided?

Given the lack pf hiring, higher unemployment, no recent Canadian experience and your age it is far from guaranteed that you would find employment if you came to Canada. Finding a job that would allow you to save to cover all your son’s tuition and living expenses on top of supporting your family abroad is even less likely. Like many other students he can either work part-time, he can take out loans or you can always support him from abroad.

 

[funloving]

Saying that you won't be able to get a new PR is totally wrong. You can opt for other routes like getting an investment based PR.

 

[funloving]

I'm not sure what you mean by "for funding". You don't have to be in Canada to fund his studies in Canada.

In terms of entering Canada, the only way you can enter Canada while the appeal is in progress would be to get a U.S. visa, fly to the U.S. and then re-enter Canada through a land border using a private vehicle.

What do they check at the land POE? Do they don't look at valid PR cards or any other ID?

 

[crazyaboutcanada]

Given the lack pf hiring, higher unemployment, no recent Canadian experience and your age it is far from guaranteed that you would find employment if you came to Canada. Finding a job that would allow you to save to cover all your son’s tuition and living expenses on top of supporting your family abroad is even less likely. Like many other students he can either work part-time, he can take out loans or you can always support him from abroad.

Bitter truth

 

[canuck78]

Bitter truth

Or just reality.