Chances & possibilities-coming back to Canada after 25 years-PR

[kmbm91]

Hello Everyone, to help you understand the matter, I will give out as much info as possible:

My family moved to canada back in 92 and lived here for about 2 years. My parents relationship was bad and only went worse when moving to Canada. My mom decided to take me and my siblings back to our home country and my dad stayed in Canada for a few more months. He didn't want to be without us so he moved back though they divorced when he returned to the home country.

During that time, my dad re-married twice and now has a 12 year-old kid with his new wife.

My oldest brother and I moved back to Canada through HC as removed minors and we have been here for some time now, including my husband who just got his CoPR.

Now, age 55, my dad has not been able to land a job after an altercation with his former employer for not paying commissions, it has been more than a year and he has been age-discriminated multiple times (in our country it is not illegal to say that you want people from 25-40,women or men. He received threats form gangs and had to move from his house. He also has a heart condition and is diabetic and can't receive any treatments because health services are not public, you have to be registered with an employer or pay private doctors. He had 2 micro-strokes in the past year. His wife can't work because she didn't finish school and stopped working to look out after my little brother, who is being directly impacted by these situations and is now at a public high-risk school as a result of having no income to pay a private school (the standard in El Salvador)

QUESTIONS ARE: what are the chances/possibilities available for him as he still has his PR/Landing papers unrevoked? a PRTD with HC? Land entry through the US and hope for the best? would he be able to bring his family afterwards? surrender the PR and apply for refugee? Is there something else we could do?

Thanks a million for any feedback

 

[scylla]

Based on the information you've provided, your father really has no case for an H&C argument that would allow a PRTD to be approved.

Only option would be land entry through the US and hope he's not reported. If he's able to enter unreported, he'll have to remain in Canada for two years without leaving and only then will he be able to renew his PR status. He won't be able to sponsor his family for PR until these two years have passed. So he needs to be prepared to be separated from his family for 2+ years if he wants to try to save his PR status.

I don't see anything in what you've written that would be grounds for a refugee case.

Theoretically you or your brother could sponsor your father for PR once you've lived and worked in Canada for a few years and have met the income requirements. However his health issues could be a problem and could prevent this from being possible.

 

[vensak]

He is most likely still PR. But that are all good news there
1. He has no valid H&C reasons.
2. He can still try to come and do the futile attempt to appeal and start a H&C (which will be rejected). Of course that is just playing for some time in Canada as he will be ultimately kicked out sooner or later (not meeting RO)
3. His new family can only come as visitors (if they will get visitor visa approved).
4. There is also the lottery winner perspective (where if by some miracle he can return without being reported) and then stay in 2 years and then try to renew his PR card. But that is more like a theory chance.

So the most like outcome would be for him to loose his PR. You can try to sponsor him after that (if you meet the criteria and get selected). But from what you have described, it will be difficult (because his health issues might end up in rejection).

A piece of advice.
He would be best in your country. Maybe trying to get jobs that are with lesser pay, but more available (still better than sitting at home). Same goes for his wife. Once the child is old enough (which I guess it is by now), check with a kindergarten facility and try to work somewhere. You can still catch up and get some profession later in your life (for example a hair stylist).

And one more thing, it might also be that his PR got revoked in the mean time (why, because you return to Canada might have triggered checkup on the whole family as such).
Good luck

 

[canuck78]

He will likely have a difficult time getting a job in Canada as well.

 

[Buletruck]

Just like to point out if he looses his PR, with his medical history, you might, just might run into medical inadmissibility issues if you were to try and sponsor him under PGP.

Realistically, can’t see him getting into the country without being reported.

 

[manpreet4875]

Hello Everyone, to help you understand the matter, I will give out as much info as possible:

My family moved to canada back in 92 and lived here for about 2 years. My parents relationship was bad and only went worse when moving to Canada. My mom decided to take me and my siblings back to our home country and my dad stayed in Canada for a few more months. He didn't want to be without us so he moved back though they divorced when he returned to the home country.

During that time, my dad re-married twice and now has a 12 year-old kid with his new wife.

My oldest brother and I moved back to Canada through HC as removed minors and we have been here for some time now, including my husband who just got his CoPR.

Now, age 55, my dad has not been able to land a job after an altercation with his former employer for not paying commissions, it has been more than a year and he has been age-discriminated multiple times (in our country it is not illegal to say that you want people from 25-40,women or men. He received threats form gangs and had to move from his house. He also has a heart condition and is diabetic and can't receive any treatments because health services are not public, you have to be registered with an employer or pay private doctors. He had 2 micro-strokes in the past year. His wife can't work because she didn't finish school and stopped working to look out after my little brother, who is being directly impacted by these situations and is now at a public high-risk school as a result of having no income to pay a private school (the standard in El Salvador)

QUESTIONS ARE: what are the chances/possibilities available for him as he still has his PR/Landing papers unrevoked? a PRTD with HC? Land entry through the US and hope for the best? would he be able to bring his family afterwards? surrender the PR and apply for refugee? Is there something else we could do?

Thanks a million for any feedback

Dear kmbm91, You entered in Canada on HC grounds as you were removed as a child. Pls advise on the following.....I entered in Canada in 2006 with my younger daughter (2 years ) & stayed there for a month. I didnt retuned back to Canada then. But now my daughter want to go to Canada. Can she enter in Canada on HC grounds easily as she was also removed as a Child? When should she apply for this & what are the chances she will get into Canada again?

 

[canuck78]

Dear kmbm91, You entered in Canada on HC grounds as you were removed as a child. Pls advise on the following.....I entered in Canada in 2006 with my younger daughter (2 years ) & stayed there for a month. I didnt retuned back to Canada then. But now my daughter want to go to Canada. Can she enter in Canada on HC grounds easily as she was also removed as a Child? When should she apply for this & what are the chances she will get into Canada again?

She should apply as soon as possible after the age of 18. In general as long as children have applied pretty soon after they have become adults they have been receiving approval. Given that this seems to have become a common practice now when the children have spent very little time in Canada in the future CIC may decide to be a bit more selective. The approvals were supposed to be based on the children having spent a large part of the childhood in Canada and having established attachments to Canada as well as having been educated in Canada. Many of the examples I have seen on the forum involve children who have spent days to a few months in Canada and have no connections at all.

 

[canuck78]

She should apply as soon as possible after the age of 18. In general as long as children have applied pretty soon after they have become adults they have been receiving approval. Given that this seems to have become a common practice now when the children have spent very little time in Canada in the future CIC may decide to be a bit more selective. The approvals were supposed to be based on the children having spent a large part of the childhood in Canada and having established attachments to Canada as well as having been educated in Canada. Many of the examples I have seen on the forum involve children who have spent days to a few months in Canada and have no connections at all.

Wanted to stress that she may get approval but you will not. It is very possible that she would have to travel to Canada alone. You may not be able to get a TRV. She may only have the chance to sponsor you 5-10 years later with no guarantees that it will be possible.

 

[manpreet4875]

Wanted to stress that she may get approval but you will not. It is very possible that she would have to travel to Canada alone. You may not be able to get a TRV. She may only have the chance to sponsor you 5-10 years later with no guarantees that it will be possible.

Dear Canuck78 - I am thankful to you for your prompt reply. As I have mentioned that I lived with my daughter about few weeks in Canada, so what is the chance she will get the TRV. I would mention here that I am a single parent & it was difficult to care my daughter alone there & same time work to earn the livelihood. Here my parents are supporting to bring up my daughter. I understand that most probably I will not get TRV. So pls advise how I can help my daughter to settle in canada?

 

[canuck78]

Dear Canuck78 - I am thankful to you for your prompt reply. As I have mentioned that I lived with my daughter about few weeks in Canada, so what is the chance she will get the TRV. I would mention here that I am a single parent & it was difficult to care my daughter alone there & same time work to earn the livelihood. Here my parents are supporting to bring up my daughter. I understand that most probably I will not get TRV. So pls advise how I can help my daughter to settle in canada?

Chances are good for your daughter if she applies soon after high school graduation or 18 years old. Not guaranteed but not much you can change in her history. The chances of you getting a trv depend on proving that you have strong ties to your home country like job, property, other family members dependent on you, travel history to countries that require visa like Australia, UK,US, etc.in the past 5 years preferably, enough savings, and more. The fact that you're a single parent is not relevant and was not a reason not to settle in Canada.

 

[manpreet4875]

Chances are good for your daughter if she applies soon after high school graduation or 18 years old. Not guaranteed but not much you can change in her history. The chances of you getting a trv depend on proving that you have strong ties to your home country like job, property, other family members dependent on you, travel history to countries that require visa like Australia, UK,US, etc.in the past 5 years preferably, enough savings, and more. The fact that you're a single parent is not relevant and was not a reason not to settle in Canada.

Can she apply before 18th Birthday , if somebody is there in Canada to take care her like my friends family?

 

[canuck78]

Can she apply before 18th Birthday , if somebody is there in Canada to take care her like my friends family?

No she should wait until she is an adult for best chances.

 

[mdna]

Hello Everyone, to help you understand the matter, I will give out as much info as possible:

My family moved to canada back in 92 and lived here for about 2 years. My parents relationship was bad and only went worse when moving to Canada. My mom decided to take me and my siblings back to our home country and my dad stayed in Canada for a few more months. He didn't want to be without us so he moved back though they divorced when he returned to the home country.

During that time, my dad re-married twice and now has a 12 year-old kid with his new wife.

My oldest brother and I moved back to Canada through HC as removed minors and we have been here for some time now, including my husband who just got his CoPR.

Now, age 55, my dad has not been able to land a job after an altercation with his former employer for not paying commissions, it has been more than a year and he has been age-discriminated multiple times (in our country it is not illegal to say that you want people from 25-40,women or men. He received threats form gangs and had to move from his house. He also has a heart condition and is diabetic and can't receive any treatments because health services are not public, you have to be registered with an employer or pay private doctors. He had 2 micro-strokes in the past year. His wife can't work because she didn't finish school and stopped working to look out after my little brother, who is being directly impacted by these situations and is now at a public high-risk school as a result of having no income to pay a private school (the standard in El Salvador)

QUESTIONS ARE: what are the chances/possibilities available for him as he still has his PR/Landing papers unrevoked? a PRTD with HC? Land entry through the US and hope for the best? would he be able to bring his family afterwards? surrender the PR and apply for refugee? Is there something else we could do?

Thanks a million for any feedback

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