Got a PRTD on H&C grounds. What's next?!

[Fhil31]

Plzz help me.

I aplied for PRTD last july 19 2018. And i havent recieve the result yet. But my concern is. Im here in the philipines since aug 15 2015. And im canadian resident since 2007 and i didnt meet the residency obligation since 2015 and the reason behind thia is my sister is a single mom and she has 4 kids and the youngest is only 2 years old at that time and no one will take care of her children since my sister need to work for them. So i decide to stay here for a couple of year. Nowdays here in the philipines we cant just trust people and live the children for nanny. Last march 2017 my card was expired and i also lost my passport and here in th philippines its hard to make apointment online to get new passport. So meaning it took a while for me to go back. I also wrote a letter with my application for prtd the reason why ihad to stay here for that long. Also a police report and affidavit of lost for my passport. Its there any chances that they will reject my application for prtd its it 50/50 chances. My mother need me to go back since my mom has a ovarian cancern and my dad has taking dialisys 3x a week no one will take care of them since im away. My mom is canadian ctizen and she lives there with my dad.

 

[Buletruck]

So when were you last in Canada? Did you work while you were in the Philippines?

Personally, I don't see taking care of your sisters children while she works as reasonable H&C grounds (then again, I don't make these decisions) that weigh in your favour. Given the length of time it is taking to process your application, it would be safe to assume that IRCC is doing a fairly thorough investigation into your RO. You should, in all likelihood be prepared for a refusal (again, that's just my thoughts).

 

[Fhil31]

I left canada last aug 15, 2015. And no didnt work while im here.. So theres a big chance of refusal in my case? May I know what is the best thing i can do?

 

[Fhil31]

My mom and dad relly needs me now so i need to go back they were sick my mom just got the operation because of cance and nay dad taking dialisys 3 times a week.

 

[Buletruck]

How many days did you have in Canada in the 5 years prior to the date you applied? Back to July 19/2012.

 

[Fhil31]

411 days since last july 2012

 

[Buletruck]

So you were well outside of the RO in the when you applied. You have only slightly more than a year in Canada since 2012. So what were your other absences from Canada? How do you explain all of that time away from Canada? H&C would only be applied for the time since you went to help your sister in August 2015. There is a significant shortage of days there to meet RO that (based on your post) can't be assessed as H&C. You'll need to address that. Honestly, I would put your chances of a PRTD at significantly less than 50/50.

So, what do you do....

1. You can wait until IRCC makes a decision on your application
2. You could obtain a US visa and enter Canada at a US/Canada land border

Your bigger concern is that IRCC will reject your application and start the process of revoking your PR status.

 

[bricksonly]

Revoke PR and apply for TRV instead to take care of your parents.

 

[canuck78]

Revoke PR and apply for TRV instead to take care of your parents.

If he hasn't been working and has no strong ties to the Philippines like a immediate family and job he would be unlikely to get a TRV if he gave up his PR. If he hasn't worked since 2015 I wouldn't imagine he has significant savings which would also be an issue for TRV.

 

[Buletruck]

Revoke PR and apply for TRV instead to take care of your parents.

And that would be working illegally on a TRV. Not to diminish the OP's situation, but there are people and facilities in Canada to care for the elderly and sick (Home Care, Assisted living, Seniors residences). I think an PRTD H&C claim is a long shot (as illustrated by the 1 year wait so far) and using the parents health issue wouldn't apply for the PRTD. You might get a better result using the parents health during an appeal of the RO, but again, the argument could be made the father has been getting dialysis for a while without help. Either way, not having been in Canada in the last 365 days, the OP will likely be outside of Canada for a while yet, unless they cross at the land border.

 

[canuck78]

The situation in general puzzles me. It would have been better if he had stayed in Canada and sent money to his sister rather than going back to the Philippines and not working but caring for her children. Given his parents and age he also wasn't concerned about returning to Canada and maintaining his PR or applying for citizenship before 2012.

 

[Buletruck]

I'd say that the OP probably has only been staying in Canada the bare minimum of time since 2007 (just enough to meet the first PR renewal in 2012), hence the lack of a citizenship application. But that's just a guess....

 

[Supercanadian]

So you were well outside of the RO in the when you applied. You have only slightly more than a year in Canada since 2012. So what were your other absences from Canada? How do you explain all of that time away from Canada? H&C would only be applied for the time since you went to help your sister in August 2015. There is a significant shortage of days there to meet RO that (based on your post) can't be assessed as H&C. You'll need to address that. Honestly, I would put your chances of a PRTD at significantly less than 50/50.

So, what do you do....

1. You can wait until IRCC makes a decision on your application
2. You could obtain a US visa and enter Canada at a US/Canada land border

Your bigger concern is that IRCC will reject your application and start the process of revoking your PR status.

This would be the best option, IMO. Apply for a US visa as advised (although your PR card has expired, you're still a PR); the chances of a refusal are relatively low as a Canadian PR. Then enter Canada through a land border as Buletruck suggested. IRCC could commence your PR revocation process eventually but you'd be dealing with that from within Canada. Not sure if the OP disclosed all the reasons for being away from Canada this whole time, but that's entirely up to them. Good luck!