Confusion over H&C grounds

[Anniey]

Hello Members

I am in breach of RO due to some unfavourable circumstances and want to apply for PRTD on H&C grounds but need advise from members
.
I came to Canada in 2008 with husband and son. Due to health problem of my mother in law, my husband decided to move back and we came back to our home country. We decided to go back to Canada after one year but unfortunately my husband's brother in law died of cancer and to support her sister it was not possible for my husband to leave our home country so we cancelled our plan, In 2012 my husband moved back to Canada and he is now settled there. I could not go along with him at that time because my husband's only brother was suffering from chronic kidney disease and he has to undergo kidney transplant. So there was nobody to look after the parents.
Now the situation is, my son has got PRTD on H&C grounds (being removed from Canada as minor) and he is already in Canada with my husband. My brother in law has successfully undergone kidney transplant in 2014 and he is now healthy enough to take care of parents.
I have supporting medical records of above situation.
I stayed in Canada only for five months and last time present there on Dec 2008.
My question is should I apply for PRTD on H&C grounds?? Do I have a chance of getting the same? If not then what other options I have?
Please advise me as I want to reunite with my family asap.
Thanks.

 

[scylla]

H&C may be difficult for you for the following reasons: You were taking care of your husband's parents who aren't related to you by blood. You'll also have to explain what happened between the time your brother in law had successful surgery (2014) and now (i.e. why you weren't able to return much sooner). If your husband meets RO, probably more realistic for you to officially give up your PR status and have your husband sponsor you.

 

[Anniey]

T

H&C may be difficult for you for the following reasons: You were taking care of your husband's parents who aren't related to you by blood. You'll also have to explain what happened between the time your brother in law had successful surgery (2014) and now (i.e. why you weren't able to return much sooner). If your husband meets RO, probably more realistic for you to officially give up your PR status and have your husband sponsor you.[/QUOTE
Thanks Scylla.
Yes not related to me by blood but this is what marriage is...commitment, support and sacrifice for each other. Is it unusual?
Due to post surgery complications, it took him almost two years to recuperate and now agreed to take care of parents.
Sponsoring me will take at least another one year.
is there any other way??

 

[Anniey]

Thanks Scylla.
Yes not related to me by blood but this is what marriage is...commitment, support and sacrifice for each other. Is it unusual?
Due to post surgery complications, it took him almost two years to recuperate and now agreed to take care of parents.
Sponsoring me will take at least another one year.
is there any other way??

 

[Rob_TO]

Thanks Scylla.
Yes not related to me by blood but this is what marriage is...commitment, support and sacrifice for each other. Is it unusual?
Due to post surgery complications, it took him almost two years to recuperate and now agreed to take care of parents.
Sponsoring me will take at least another one year.
is there any other way??

Really the only opinion that matters is that of the visa officer processing the PR TD app. All you will get here are opinions that may or may not match what will happen when you apply. The only way to know for sure is to try. Personally I think odds are against you for a PR TD app for same reasons mentioned above.

So you can submit the PR TD app and submit all your H&C reasons/proofs for not meeting the RO. 1 of 2 things will happen.
1. They accept your H&C claim, grant the PR TD, and you can return to Canada and apply to renew your PR card. Or.
2. They reject the H&C claim and deny PR TD. This starts process to revoke your PR status, which will happen if you don't appeal within I think 30 days. Since you have a spouse in Canada who can sponsor you, if PR TD rejected just accept the revoking or your PR status and then apply for PR from scratch under a family class application. This may be quicker and more successful than appealing.

 

[Anniey]

Thanks Rob_TO.
So you are also of the same view. There was no scope for me to come along with my husband back in 2012. Due to unfavourable circumstances either of us has to stay back in our home country. So we decided and acted this way. First time in these years I can move out from my home country without worrying about my responsibilities towards my other family members.
Initially I was thinking that I have the valid H&C reasons and indeed, my husband can sponsor me in case of rejection of PR TD but now I am wondering what exactly are H&C grounds !!. Why my case is not fit under H&C grounds.

 

[Rob_TO]

Thanks Rob_TO.
Initially I was thinking that I have the valid H&C reasons and indeed, my husband can sponsor me in case of rejection of PR TD but now I am wondering what exactly are H&C grounds !!. Why my case is not fit under H&C grounds.

Typically the serious medical conditions of family members are seen as valid H&C grounds. However in your case it's your in-law family and not your biological family, so not sure how a visa officer will view this.

Anyways if you intend to submit PR TD app, you will need ample proofs/evidence of your H&C claim. This will require things like hospital/doctor notes of your brother in-law showing his operation and recovery for past 3 years since 2014, same types of medical notes for parent in-laws and why it was necessary to have you stay and care for them. showing there was no other family in the country able to do it, etc etc.

Since this case covers such a large time (9 years) outside Canada, personally I wouldn't be surprised if PR TD is rejected. So hope for the best, but prepare for a possible rejection and that your spouse will need to then sponsor you for PR afterwards.

 

[Anniey]

Typically the serious medical conditions of family members are seen as valid H&C grounds. However in your case it's your in-law family and not your biological family, so not sure how a visa officer will view this. Death of one brother in law due to cancer and other's kidney transplant, are they not serious medical/ family issues. They are not related with me by blood but still being a part of the family I have certain responsibilities in their time of need.

Anyways if you intend to submit PR TD app, you will need ample proofs/evidence of your H&C claim. This will require things like hospital/doctor notes of your brother in-law showing his operation and recovery for past 3 years since 2014, same types of medical notes for parent in-laws and why it was necessary to have you stay and care for them. showing there was no other family in the country able to do it, etc etc. As I said, I have supporting documents.

Since this case covers such a large time (9 years) outside Canada, personally I wouldn't be surprised if PR TD is rejected. So hope for the best, but prepare for a possible rejection and that your spouse will need to then sponsor you for PR afterwards.

The long time gap of absence from Canada was due to circumstances. I did not get any opportunity to go back to Canada.

Apart from above issues I can also mention that my immediate family is in Canada and request for re-unification.
Please share your views. Thanks.

 

[Anniey]

OR
should I enter through US land border instead of applying for PRTD??
Which option will be best suited for my case??

 

[Rob_TO]

The long time gap of absence from Canada was due to circumstances. I did not get any opportunity to go back to Canada.

Apart from above issues I can also mention that my immediate family is in Canada and request for re-unification.
Please share your views. Thanks.

Sure, you can submit any reasons you think will help your case. It isn't anyone here you need to convince, it's the visa officer that would be processing your PR TD app. You won't get any guarantee of a positive or negative decision here, you need to apply and see what will happen.

OR
should I enter through US land border instead of applying for PRTD??
Which option will be best suited for my case??

This is also an option. Since you don't have a valid PR card and have been gone for so long, most likely you would get reported by CBSA for RO non compliance. You can meet with a Minister's Delegate at the border, and ask to have your H&C reasons assessed on the spot for a positive or negative decision.

If they accept your H&C claim, you can enter Canada and renew PR card immediately.
If they reject the H&C claim, you'll be allowed to enter Canada and have 30 days to file an appeal. Although since an appeal could take years to hear, you would probably be better off accepting the revoking of PR status and applying from scratch with spouse sponsoring you.

 

[Anniey]

What if I get reported and enter Canada and do not file an appeal but my husband submit outland sponsorship application within 30 days period.
Is there any process which allows me to stay here in Canada while my outland sponsorship application is being processed? e.g. getting TRV or having implied status??
Can we do something within appeal period or before departure notice to secure my stay in Canada?
or in any case I have to leave Canada after the 30 days appeal period is over.

I know its complicated but I would like to gather as much info as possible before trying any option.
Thanks in advance.

 

[Buletruck]

What if I get reported and enter Canada and do not file an appeal but my husband submit outland sponsorship application within 30 days period.

You can't sponsor someone to become a PR if they already are one. Until your PR is revoked, you remain a PR.

If you are reported coming across the US border, You can remain in Canada until you receive a determination on the appeal. Your time in Canada won't count to RO, unless you win. If you loose (as others have mentioned, possibly years from now), you would be required to leave. as your PR would be revoked.

IMO, it's 6 of one/half dozen of the other. If you renounce your PR now, you can start a PR app again and probably be done in a year. Or you can cross at the border and hope you win the appeal. If you don't it's 3-4 years before you can put everything behind you if you apply again.

 

[Rob_TO]

What if I get reported and enter Canada and do not file an appeal but my husband submit outland sponsorship application within 30 days period.
Is there any process which allows me to stay here in Canada while my outland sponsorship application is being processed? e.g. getting TRV or having implied status??
Can we do something within appeal period or before departure notice to secure my stay in Canada?
or in any case I have to leave Canada after the 30 days appeal period is over.

I know its complicated but I would like to gather as much info as possible before trying any option.
Thanks in advance.

If you get reported at the border, you can ask CBSA if you can voluntarily renounce your PR on the spot, and then enter Canada as a visitor. If they allow you to do this, then while in Canada as a visitor you can file an INSIDE CANADA PR app to stay in Canada while PR is processing. I have no idea if you would be granted entry after renouncing PR status to CBSA, I guess it depends what passport you hold but I'm not sure.

If CBSA would not let you enter as visitor, then you can remain a PR while deciding to appeal, to enter as a PR. You can then renounce your PR status from inside Canada or wait for the 30-day window to pass, after which your PR status will be officially revoked. Again I'm not sure if there's a process you can do here to request changing your status to visitor, or if you are immediately deemed to be here illegally once your PR status is gone.

 

[PMM]

Hi

If you get reported at the border, you can ask CBSA if you can voluntarily renounce your PR on the spot, and then enter Canada as a visitor. If they allow you to do this, then while in Canada as a visitor you can file an INSIDE CANADA PR app to stay in Canada while PR is processing. I have no idea if you would be granted entry after renouncing PR status to CBSA, I guess it depends what passport you hold but I'm not sure.

If CBSA would not let you enter as visitor, then you can remain a PR while deciding to appeal, to enter as a PR. You can then renounce your PR status from inside Canada or wait for the 30-day window to pass, after which your PR status will be officially revoked. Again I'm not sure if there's a process you can do here to request changing your status to visitor, or if you are immediately deemed to be here illegally once your PR status is gone.

1. The failure to appeal means that the removal order becomes effective.

 

[Anniey]

1. Even if I am denied PRTD, I have the right to enter Canada within appeal period of 30 days through US land border in a private vehicle....Right??
2. Do IAD takes into consideration the fact that even if they dismiss the appeal, I can come back again legally through spousal sponsorship. Do they act leniently in these types of cases??
3. Will the negative decision at IAD affect my spousal sponsorship app later on??