Humanitation & Compassionate Basis

[manpreet4875@gmail.com]

Dear Friends
I am/was a Canadian PR. I done first entry in 2006 with my infant daughter (about 2 years at that time). I was divorced so I visited with my infant daughter for whom I am the legal custodian. I came back after a month as it was difficult to take care of my baby & same time work there.
I went again in year 2009 & 2011 for few month alone but came back as my daughter was in India alone with my old parents. So I could not stay in Canada to fulfill the obligation of min time required. I have not done second marriage also.

Now my daughter grown to about 12 years. She is interested to move to Canada. Can I get PR renewed on H & C ground for my daughter and myself to settle in Canada. Pls advise

 

[torontosm]

Dear Friends
I am/was a Canadian PR. I done first entry in 2006 with my infant daughter (about 2 years at that time). I was divorced so I visited with my infant daughter for whom I am the legal custodian. I came back after a month as it was difficult to take care of my baby & same time work there.
I went again in year 2009 & 2011 for few month alone but came back as my daughter was in India alone with my old parents. So I could not stay in Canada to fulfill the obligation of min time required. I have not done second marriage also.

Now my daughter grown to about 12 years. She is interested to move to Canada. Can I get PR renewed on H & C ground for my daughter and myself to settle in Canada. Pls advise

It doesn't sound like you really have any H&C grounds to apply on. There are plenty of single parents in Canada who cope with daily life, and it was your choice to live in India rather than here.

 

[manpreet4875@gmail.com]

Thank you for Reply.

Can my daughter get the PR renewed as she was minor when she left Canada as Canadian PR. Somebody has confirmed that she can always claim her PR as she was minor(infant) when she left Canada as a PR.

Pls advise

 

[scylla]

Thank you for Reply.

Can my daughter get the PR renewed as she was minor when she left Canada as Canadian PR. Somebody has confirmed that she can always claim her PR as she was minor(infant) when she left Canada as a PR.

Pls advise

She can - but it would be best for her to wait until she is around 18 and ready to move to Canada on her own before she does this. Also, this won't allow you to move with her.

 

[manpreet4875@gmail.com]

So I should conclude from the answers given as below

1. My daughter can get her PR back on applying independently at the age of 18. It means she can get a travel document from India & on reaching Canada she can renew her PR card. Is it 100% sure?

( Pls confirm exactly at what age she should apply)

2. I should not apply as I don't have the chances under H & C grounds.

Is my understanding is on the right direction?

Also confirm that at what age my daughter should apply for travel document . Now she is 12 years old.

 

[Rob_TO]

So I should conclude from the answers given as below

1. My daughter can get her PR back on applying independently at the age of 18. It means she can get a travel document from India & on reaching Canada she can renew her PR card. Is it 100% sure?

( Pls confirm exactly at what age she should apply)

2. I should not apply as I don't have the chances under H & C grounds.

Is my understanding is on the right direction?

Also confirm that at what age my daughter should apply for travel document . Now she is 12 years old.

She should apply when she turns 18.

If you try to apply for PR TD earlier than that for yourself, since you don't have much of a H&C claim odds are you and your daughter's PR status would be revoked.

 

[Leon]

Agreed. You don't have much of a chance getting a travel document unless you can show that you stayed in order to take care of a seriously ill relative which doesn't seem to be the case.

If your daughter were age 18 and were applying today, she'd have a very good chance at getting a travel document having been removed as a minor. What will happen in 6 years, nobody knows but the rules have been the way they are for a long time.

When she applies, age 18, she should stress that she was removed from Canada as a minor and that she is now ready to return and settle in Canada. If she gets the travel document, she can return to Canada and apply to renew her PR card. She should preferably stay in Canada for 2 years straight after that in order to meet her RO because if she changes her mind and returns home and decides a year or two later that she is ready to return, they can report her on entry even with a new PR card because she does not meet the RO yet.

 

[mira8098]

Please I would need someone to help to get in contact with someone from immigration I will tell you my story a Few months ago my family pass through a calamity my older brother pass away while he was working it was a hit by a car and that guy left my brother on the floor he had 3 kids one of the oldest was 5 years 3 years and a 3 months old baby she was only 1 month old when he pass away , since that happen I have been feeling depress and I start having some medical issues I have been feeling nausea , vomiting and stomach pain I thought that it would be something related to my stomach so I went to see my family doctor and he ordered an endoscopy and a colonoscopy I had the procedure 2 weeks ago and the doc said that I am fine he is just suggesting that what I had is psychological or a stress related issue that could cause might be related to family situation so my ideas is to get my PR so I can go and see my family and visit my brother at the cemetery I don't have any close relatives here in Canada , a week ago I applied for a USA visa in order to pass through the US and travel back home (South America) they asked me to explain why I want a USA visa and I explained my situation with the documentation and they accepted me for humanitarian reasons and give me the visa but sadly I am still waiting for the Canadian immigration.

my time is as follows :

Send application on sept 2

1. received application PR card on September 21, 2015.
2. acknowledging receipt of your application(s) on February 5, 2016.
3. started processing application on February 5, 2016.
4. went to secondary review on February 10, 2016. They did not ask me for any extra doc.

PS: According to my calculations I have well over 730 days in Canada pass that date with an extra 90 days just in case.

Also when I called they just told me to wait I cant wait any longer I want to have an answer I would like to see my family for xmas and able to go to the cemetery and see my brother.

This is costing me my job and my health...

 

[torontosm]

Please I would need someone to help to get in contact with someone from immigration I will tell you my story a Few months ago my family pass through a calamity my older brother pass away while he was working it was a hit by a car and that guy left my brother on the floor he had 3 kids one of the oldest was 5 years 3 years and a 3 months old baby she was only 1 month old when he pass away , since that happen I have been feeling depress and I start having some medical issues I have been feeling nausea , vomiting and stomach pain I thought that it would be something related to my stomach so I went to see my family doctor and he ordered an endoscopy and a colonoscopy I had the procedure 2 weeks ago and the doc said that I am fine he is just suggesting that what I had is psychological or a stress related issue that could cause might be related to family situation so my ideas is to get my PR so I can go and see my family and visit my brother at the cemetery I don't have any close relatives here in Canada , a week ago I applied for a USA visa in order to pass through the US and travel back home (South America) they asked me to explain why I want a USA visa and I explained my situation with the documentation and they accepted me for humanitarian reasons and give me the visa but sadly I am still waiting for the Canadian immigration.

my time is as follows :

Send application on sept 2

1. received application PR card on September 21, 2015.
2. acknowledging receipt of your application(s) on February 5, 2016.
3. started processing application on February 5, 2016.
4. went to secondary review on February 10, 2016. They did not ask me for any extra doc.

PS: According to my calculations I have well over 730 days in Canada pass that date with an extra 90 days just in case.

Also when I called they just told me to wait I cant wait any longer I want to have an answer I would like to see my family for xmas and able to go to the cemetery and see my brother.

This is costing me my job and my health...

Sorry to hear about your loss. could you travel back home and then apply for a PRTD to return to Canada instead of waiting for your PR Card?

 

[mira8098]

Thank you for your reply and to answer your question yes I was thinking about that but I am from Ecuador and we don't have an embassy I will have to deal with Colombia and they are already full of immigration cases as a last resort would be traveling to Ecuador from Toronto to NY and when I have to come back I will have to drive from NY since I don't drive I will have to ask a friend to take me from NY to Toronto by car and it have to be a Canadian car but I would not like to deal with immigration at the border but if I explain what happen they might let me come into Canada but I am still waiting for somebody at the immigration office to help me .

 

[manpreet4875@gmail.com]

Thank you Totontsm, Scylla, Rob & Leon for responding & give good insight about my case

Pls advise, on one more thing as under

As I am divorced & it was very difficult to take care my baby alone & in the same time earn bread for me & my daughter in Canada, that was the reason I could not stayed there & came back.

In India my parents helped me to brought up my daughter. Now she has grown up (12 years) & can look after herself that's why now I will be able to return Canada with my daughter & work there & in the main time my daughter can study there. Social circumstances are different in India. In India it is a bit difficult now as everybody asked me about my marriage, my divorce. In the same way difficult questions come in front of my daughter about her mother etc. Because society is different here.

So can Canadian immigration embassy in India consider these points now & give both of us travel document for Canada.

 

[scylla]

Thank you Totontsm, Scylla, Rob & Leon for responding & give good insight about my case

Pls advise, on one more thing as under

As I am divorced & it was very difficult to take care my baby alone & in the same time earn bread for me & my daughter in Canada, that was the reason I could not stayed there & came back.

In India my parents helped me to brought up my daughter. Now she has grown up (12 years) & can look after herself that's why now I will be able to return Canada with my daughter & work there & in the main time my daughter can study there. Social circumstances are different in India. In India it is a bit difficult now as everybody asked me about my marriage, my divorce. In the same way difficult questions come in front of my daughter about her mother etc. Because society is different here.

So can Canadian immigration embassy in India consider these points now & give both of us travel document for Canada.

No - these points will not be considered. Unfortunately this won't be accepted as an H&C reason for getting a travel document approved.

 

[Leon]

So can Canadian immigration embassy in India consider these points now & give both of us travel document for Canada.

No. Plenty of Canadians are single parents too and somehow they make it work. Immigration does not consider either that an immigrant was unable to find a job in Canada etc. Pretty much the only thing they might consider is serious health problems of your own or of a close relative that you were taking care of.

 

[Rob_TO]

Well I wouldn't say it's a 100% chance of refusal for PR TD, as ultimately the final decision on whether to accept H&C reasons or not is up to the visa officer reviewing the request and what they feel. There have been other cases here where I didn't think someone qualified to get a PR TD, but then they later reported it was approved. But I would definitely say the chance of PR TD being approved with your reasons is very slim.

The problem here is that if you risk applying for PR TD and H&C claim is denied, your daughter will lose her PR status.

If you don't do anything and just wait, then when your daughter turns 18 she will still be a PR so can apply for a PR TD successfully at that time. Of course she will only get approved for herself, you will most likely not be able to join her in Canada.

 

[keesio]

Well I wouldn't say it's a 100% chance of refusal for PR TD, as ultimately the final decision on whether to accept H&C reasons or not is up to the visa officer reviewing the request and what they feel.

Agreed. You never know unless you try. But the odds are very low and that is what everyone is trying to express.