Child under 18 PR card expired ?

[sarimraza]

If parents leave canada after getting PR card and dont maintain status so that their PR card expires. Then once kid reaches 18 and visits canada can the kid get the PR status back ?

Thanks

 

[Leon]

Yes, there are several cases on this forum of people who have succeeded doing that.

The person can apply for a PR travel document, see form here: http://www.cic.gc.ca/english/information/applications/travel.asp admitting that they do not meet the residency requirements but stressing that they were removed from Canada by their parents as a minor and now want to return. Doing this at age 18 gives you the best chance of being approved. Doing it later, in your early or even mid 20's could work as well if you stress that you are returning to Canada first chance after reaching adulthood, for example if you had been studying until that time but the earlier you apply, the better.

 

[Alurra71]

Yes, there are several cases on this forum of people who have succeeded doing that.

The person can apply for a PR travel document, see form here: http://www.cic.gc.ca/english/information/applications/travel.asp admitting that they do not meet the residency requirements but stressing that they were removed from Canada by their parents as a minor and now want to return. Doing this at age 18 gives you the best chance of being approved. Doing it later, in your early or even mid 20's could work as well if you stress that you are returning to Canada first chance after reaching adulthood, for example if you had been studying until that time but the earlier you apply, the better.

Of course, this all presupposes that they don't change the rules at a later date. I would not personally bank on this as being a viable option especially if the child is still quite young yet.

 

[PMM]

Hi

Yes, there are several cases on this forum of people who have succeeded doing that.

The person can apply for a PR travel document, see form here: http://www.cic.gc.ca/english/information/applications/travel.asp admitting that they do not meet the residency requirements but stressing that they were removed from Canada by their parents as a minor and now want to return. Doing this at age 18 gives you the best chance of being approved. Doing it later, in your early or even mid 20's could work as well if you stress that you are returning to Canada first chance after reaching adulthood, for example if you had been studying until that time but the earlier you apply, the better.

In future it may only work up to the age 19, as on 01/08/14 changes the age of dependency to under 19 from 22.

 

[Leon]

Hi


In future it may only work up to the age 19, as on 01/08/14 changes the age of dependency to under 19 from 22.

Currently, the instructions are for the visa officer to consider if the person is trying to return to Canada first chance after turning 22. In the future, it will likely be changed to first chance after turning 19.

 

[sarimraza]

Dear All Senors !

Thanks for your replies

I need some clarifications .. . .

Basically a child under 18 gets PR status in canada but is then taken by his parents to home country .. .

Now once the child reaches 18 -- then i understand he has between 18 and 19 to apply for the PR residency according to the new dependency laws . . .

Suppose kid is on student visa and studying in canada while he turns 18 -- does this make any difference ? or he has to be in his home country to apply

Now some people said if the kid is applying 'first chance after reaching adulthood' what is meant by this phrase ?

what exactly is adulthood is it between 18 to 19 or between 18-22 or between 19-22 ? and what is first chance ? Chance to visit canada ? does that mean he should never visit canada after reaching 18 unless he applies for PR card first ?

Thanks

 

[Leon]

Dear All Senors !

Thanks for your replies

I need some clarifications .. . .

Basically a child under 18 gets PR status in canada but is then taken by his parents to home country .. .

Now once the child reaches 18 -- then i understand he has between 18 and 19 to apply for the PR residency according to the new dependency laws . . .

Suppose kid is on student visa and studying in canada while he turns 18 -- does this make any difference ? or he has to be in his home country to apply

Now some people said if the kid is applying 'first chance after reaching adulthood' what is meant by this phrase ?

what exactly is adulthood is it between 18 to 19 or between 18-22 or between 19-22 ? and what is first chance ? Chance to visit canada ? does that mean he should never visit canada after reaching 18 unless he applies for PR card first ?

Thanks

Currently, adulthood to immigration is the age of 22 but in August, it changes to age 19. There is no guarantee for anything but if someone were to apply for a travel document at age 18 or 19 with these reasons, that is removed from Canada as a minor by their parents, they have a good chance at getting the travel document issued. First chance after reaching that age means that they might be willing to accept circumstances that prevented the young adult from returning to Canada immediately upon reaching that age. For example, if the child at 18 or 19 had already started a university degree and wanted to complete the undergraduate stage, immigration may possibly accept that as a reason. There are no clear cut rules for that. Just that the older you get, the chance of getting the TD issued on these grounds gets slimmer.

 

[bprakash]

Hi Mr Leon,

I really need some expert advise on this. My father applied for PR Renewal last November after fulfilling his residency requirement (by then he was away from Canada for 886 days), after submitting the application he had to leave and was away for few months. He came back and left in May 2014. His PR Card expired in June 2014 while staying outside Canada, he applied for travel document. By the time he submitted his travel document he was in Canada for 743 days, it has been 4 weeks since he submitted and today we got a response stating his travel document got rejected, since he did not meet the basic requirement. They also suggested us to submit an appeal within 14 days.

However he DID fulfill the requirements when he applied for travel document, but if they are calculating it from today he falls 15 days short. We got a residency questionnaire on his pr renewal application and we submitted all the required documents 2 weeks ago.

Can you please suggest what should our next step be?

Thank you so much!

 

[Alurra71]

Hi Mr Leon,

I really need some expert advise on this. My father applied for PR Renewal last November after fulfilling his residency requirement (by then he was away from Canada for 886 days), after submitting the application he had to leave and was away for few months. He came back and left in May 2014. His PR Card expired in June 2014 while staying outside Canada, he applied for travel document. By the time he submitted his travel document he was in Canada for 743 days, it has been 4 weeks since he submitted and today we got a response stating his travel document got rejected, since he did not meet the basic requirement. They also suggested us to submit an appeal within 14 days.

However he DID fulfill the requirements when he applied for travel document, but if they are calculating it from today he falls 15 days short. We got a residency questionnaire on his pr renewal application and we submitted all the required documents 2 weeks ago.

Can you please suggest what should our next step be?

Thank you so much!

A PR must not be in breach of the RO at ANY POINT otherwise they risk exactly what has happened to your father. You can appeal, but I think you will find that just because he was in compliance at the time he submitted his PRTD application, because he did not remain in compliance he is now at risk of loosing his PR. It is a not a one time thing where you fulfill the RO and then you wait to fulfill it again.

 

[Leon]

As far as I know, they should calculate it from the day they received his travel document application.

You can see this in operational manual 10, see page 7 here: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf

For the purposes of determining the date of the examination of residency status, a visa officer
shall use the date that an application is officially received in the visa office. By stipulating that the
examination of residency status begins on the day that the application is received in the visa
office, the applicant is not disadvantaged in any way if the formal assessment of an application is
delayed for any period of time following receipt of the application.

You should appeal based on that he did meet the residency obligation at the time they received his application.

 

[bprakash]

Thank you so much Mr Leon. I thoroughly read through the rules and I did apply to both PR Renewal and Travel Document for my father only after making sure he has more than 730 days in Canada.

The mail I received today states all the documents should be submitted in 14 days to appeal the Travel Document Application. However I managed to collect proofs from Health Care Records and Canadian Border Service Records and several other proofs to support my father's stay. I have asked my dad to submit them tomorrow. He had 730 days in Canada until 30th June 2014, and since he is away from Canada every single day is falling short for him since 30th June. Fingers crossed. Hopefully he will get his Travel Document soon. He also has his US Visa. I am not very sure if he can still cross the border with his confirmation of permanent residence document. Please let me know if this is still possible.

I really appreciate your help and time, thank you once again.

 

[bprakash]

Thanks for your reply Alurra71. My father had to leave the country in May and he was planning to come back on 30th June. He still had 730 days until 30th June. His PR got expired on 13th June and we applied for his travel document on 16th June 2014. He could not fly back after 13th June since his PR card has expired. He was forced to overstay since he could not travel back to Toronto with an expired PR card...

I am planning to appeal their decision tomorrow, hopefully things will be fine soon...

Thanks again!

 

[Leon]

Thanks for your reply Alurra71. My father had to leave the country in May and he was planning to come back on 30th June. He still had 730 days until 30th June. His PR got expired on 13th June and we applied for his travel document on 16th June 2014. He could not fly back after 13th June since his PR card has expired. He was forced to overstay since he could not travel back to Toronto with an expired PR card...

I am planning to appeal their decision tomorrow, hopefully things will be fine soon...

Thanks again!

It is a bit risky for a PR who is cutting it close on the RO to plan a trip that puts them outside Canada during their PR card expiry date. Hopefully the visa office will reconsider and you win the appeal.

 

[bprakash]

It was under unavoidable circumstances my Father had to travel back, I was confident since he met the Residency Requirement but may I should have been more careful. After the appeal what should be my next step? Strangely they have given us only 14 days to submit an appeal, from what I knew it used to be 60 days. Please correct me if i am wrong. My father has already submitted his appeal today and what if he does not win the appeal? What would they do? Can he still come to Canada and appeal?

This is a very stressful situation, I hope we get through this successfully..... Thank you for your advise Leon!

 

[Leon]

It was under unavoidable circumstances my Father had to travel back, I was confident since he met the Residency Requirement but may I should have been more careful. After the appeal what should be my next step? Strangely they have given us only 14 days to submit an appeal, from what I knew it used to be 60 days. Please correct me if i am wrong. My father has already submitted his appeal today and what if he does not win the appeal? What would they do? Can he still come to Canada and appeal?

This is a very stressful situation, I hope we get through this successfully..... Thank you for your advise Leon!

If he loses the appeal, they will revoke his PR but true, they are supposed to give 60 days to appeal.