DO NOT comply Residency Obligation to renew my PR

[MUSTAFACAN]

Hello,

I have a similar situation, PRTD rejected, filed appeal. Hearing over tele conference is schedule in Dec 2018. But I want to go to Canada to appear F2F hearing.

Can I cross US border by Train or Bus as I don't have personal Car to cross? As I was not present a single day in last 365 Day so PRTD will not issue.

Hey did the IAD consider for alternate resolving without full hearing??

 

[vensak]

ok, Be aware that just like in plane. Bus or train can refuse to board you without a proper valid PR card or PRTD. That is why private vehicle conditions is mentioned.
You can solve it for example by:
1. Borrowing a car and using it to cross.
2. Taking a taxi.
3. Arriving close to a pedestrian crossing and then cross by walking.

 

[sugathri]

My prtd got rejected and i have 60 days to appeal. I am still in india. What should i do?

I am in a similar fix. Me and my family have moved to Canada in August 2008. We stayed there for 2 years and applied to PR and came back to India. We got a mail saying we got PR and we need to get it stamped for confirmation. So we came back on June 24, 2013 and got our stamping done and became PR since 25-06-2013. My PR card expired on 06 SEP 2018. I couldn't stay in Canada after stamping because I am in the middle of intermediate studies and my sister was in grade ten. Hence my family didn't want to disturb our studies and we weren't financially stable, so we came back. I then completed my bachelors in India with 75%. I wanted to study and settle in Canada, so I applied for Masters and got admission in University of Windsor two days before. Now should I apply for study permit or PRTD? I don't want to lose my PR and I really want to take up residence in Canada. My classes start from January 3, 2019 and I don't know whether I have to apply for PR or Study Permit. If I apply for PRTD and enter canada with it and stay for 2 years, can I renew my PR then? Or if the authorities won't allow me at the port of entry and put enquiry on my status. will they have the chance of revoking it? help me. what should i do now?

 

[scylla]

My prtd got rejected and i have 60 days to appeal. I am still in india. What should i do?

You can appeal - however the chances of success are likely very low. Appeals can also take quite a long time to process.

If you do not appeal, then your PR status will be lost. If you still wish to study in Canada, you will then need to apply for a study permit and pay international student fees.

 

[canuck78]

My prtd got rejected and i have 60 days to appeal. I am still in india. What should i do?

Unfortunately you didn't meet your RO. You can always apply to o a masters as an international student.

 

[NastyaUkraine]

Hi guys! I've read all the posts on this topic, but I didn't get why minors who have been removed by their parents and if they still want to re-enter Canada should apply for PRTD at the age of 18 or after? My situation is: I moved to Canada in 2010 with my family, got PR in 2010. In 6 months my wife and my 3 y.o. daughter left Canada and never come back. It's been 9 years. My daughter now is 12 y.o. Is there any chance her PRTD will be approved? Can she apply based on H&C? She still depends on her parents unlike the situation when you're 18 and can make your own decisions.
Please help!

 

[canuck78]

Hi guys! I've read all the posts on this topic, but I didn't get why minors who have been removed by their parents and if they still want to re-enter Canada should apply for PRTD at the age of 18 or after? My situation is: I moved to Canada in 2010 with my family, got PR in 2010. In 6 months my wife and my 3 y.o. daughter left Canada and never come back. It's been 9 years. My daughter now is 12 y.o. Is there any chance her PRTD will be approved? Can she apply based on H&C? She still depends on her parents unlike the situation when you're 18 and can make your own decisions.
Please help!

Yes she will be denied because she can’t live on her own and your PRTDs would be denied unless you can prove H&C circumstances which would excuse such a long absence.

 

[vensak]

Yes she will be denied because she can’t live on her own and your PRTDs would be denied unless you can prove H&C circumstances which would excuse such a long absence.

another thing. Unless you will get a sole custody of a child, you need to have consent of her mother as well.

But beware even minor children do need to fulfill RO on their own (physical presence). Since she is still minor and you as one of her parents is in Canada, it is really hard to make a case on their behalf (as at the moment they would be looking at it as parental decisions and she clearly had option to stay in Canada with one of her parents. So yes H&C of your spouse outside Canada will come to play here).

Removed as minor would come to play once she will turn 18 and wanted to return to Canada ASAP. Just beware, she did not spend that much time in Canada and while she was here it was in her early childhood. So expect, that rejection will be very probable.

Maybe the least painful way is for the child to loose PR and then you can sponsor her back (yes it might be actually faster than H&C).

 

[NastyaUkraine]

another thing. Unless you will get a sole custody of a child, you need to have consent of her mother as well.

But beware even minor children do need to fulfill RO on their own (physical presence). Since she is still minor and you as one of her parents is in Canada, it is really hard to make a case on their behalf (as at the moment they would be looking at it as parental decisions and she clearly had option to stay in Canada with one of her parents. So yes H&C of your spouse outside Canada will come to play here).

Removed as minor would come to play once she will turn 18 and wanted to return to Canada ASAP. Just beware, she did not spend that much time in Canada and while she was here it was in her early childhood. So expect, that rejection will be very probable.

Maybe the least painful way is for the child to loose PR and then you can sponsor her back (yes it might be actually faster than H&C).

I wouldn't like to make an appeal after rejection, because there were many posts here that it can take even years. If I understood correctly if I wouldn't appeal within 60 days after rejection, my daughter's PR would be revoked based on RO, right? And only after this, I can apply for a sponsorship?

 

[NastyaUkraine]

Maybe the least painful way is for the child to loose PR and then you can sponsor her back (yes it might be actually faster than H&C).

What do you mean "faster than H&C"? There were no definite processing times for Ukraine at cic website, so it' s not clear how much time it takes. Do you know what processing times for H&C cases and what is the difference from non H&C?

 

[canuck78]

Just realized you are still in Canada. Your child may have a good chance of getting PRTD if you have remained in Canada since 2010 and your ex-wife has agreed that the child should live in Canada.

 

[vensak]

What do you mean "faster than H&C"? There were no definite processing times for Ukraine at cic website, so it' s not clear how much time it takes. Do you know what processing times for H&C cases and what is the difference from non H&C?

H&C can easily take 2 years or more.
In the same time you can go for child sponsorship (child of that age is about 6-9 months to get through). So including PR renouncing, you can get that one done within 1 year.

 

[NastyaUkraine]

Just realized you are still in Canada. Your child may have a good chance of getting PRTD if you have remained in Canada since 2010 and your ex-wife has agreed that the child should live in Canada.

Yes, I'm still in Canada, I'm a citizen and yes, my wife gave me a written consent for my daughter to move to Canada permanently, but she did it only in June this year. She was refusing to do it during all these years. It turns out that my daughter comes back to Canada at her first opportunity. Now I'm confused, I was thinking of applying for PRTD based on H&C, but if it takes two or more years I don't think it's a good idea. Maybe should I skip Question 19 of imm 5524e and just attach the explanation of what happened and why? What do you think?

 

[canuck78]

Yes, I'm still in Canada, I'm a citizen and yes, my wife gave me a written consent for my daughter to move to Canada permanently, but she did it only in June this year. She was refusing to do it during all these years. It turns out that my daughter comes back to Canada at her first opportunity. Now I'm confused, I was thinking of applying for PRTD based on H&C, but if it takes two or more years I don't think it's a good idea. Maybe should I skip Question 19 of imm 5524e and just attach the explanation of what happened and why? What do you think?

I would try PRTD via H&C. It doesn’t take 2-3 years like regular H&C. Are you divorced? If you were going through a divorce and you were in Canada and that your wife has decided that she is willing for your daughter to go look ve with you in Canada I think it is worth a try and I think you have a decent shot.

 

[NastyaUkraine]

I would try PRTD via H&C. It doesn’t take 2-3 years like regular H&C. Are you divorced? If you were going through a divorce and you were in Canada and that your wife has decided that she is willing for your daughter to go look ve with you in Canada I think it is worth a try and I think you have a decent shot.

We got divorced in my home country in 2012, that time my daughter was 3 y.o and it would have been very challenging for me to take care of such little child, so I let them go. She escaped to another man, and they got married once she came back from Canada. Of course, I've tried to bring my daughter for all these years, but my ex was the main obstacle. Firstly she didn't allow because the daughter was too little, then because she just hated me and now I don't know what happened and how can I broke the ice, but she finally permitted me to bring my daughter. Hope these mitigating circumstances will work.