I left Canada as a minor out of my will and I do not meet the residency obligation
- Thread starter Moah4901
- Start date
Have you read the OP's story? Her family cannot sponsor her. She was in Canada as a protected person, and got PR. She is over 22.
Multiple reasons this isn't possible. But the main one would be that the OP is too old and doesn't qualify for family sponsorship through the mother.
to update anyone who’s gonna see this, the lawyer had explained to me considering how uniquely specific my case is it’s going to be a very tough challenge to overcome. There isn’t an exact look at the possibility of it working or not but he will ultimately try his best. Whatever happens in the end wether I return or not im glad for the advice and help I received on this thread.
I hope it all works out for you and you can return to Canada. Please keep us posted.
I wish you all the best. This is such a tough case.
There are multiple concerns here:
All the best. It's gonna be tough but do keep us posted. In my humble opinion, your PRTD application stands a very low chance and if you really really want to come to Canada, you will have to dedicate some serious time, money and emotions because it is going to be a big fight in the Federal Court of Canada if you want it. It's gonna cost you a good chunk if the application is refused and you want a remedy so strap in. You may want to ask yourself if the PRTD application is refused.. if it's going to be worth it or not.
There are multiple concerns here:
- IRCC does not accept any passport issued by Somalia. They are not valid for travel to Canada. This is very important as even if you try to issue one, it would be useless. Source. A valid Somalian passport will not be accepted by IRCC. A lot of Somalians instead rely on fake Kenyan passports and I've seen it first hand.
- Your only formal option is to apply for a PRTD through Humanitarian & Compassionate grounds. Not having a valid passport would possibly render the application incomplete/ineligible. A possible workaround is to attach a strong letter of explanation stating that you are a protected person in Canada and cannot neither return to Somalia nor obtain a passport issued by Somalia and that you were forcefully departed from Canada by your mother. If they are compassionate enough, they would accept to proceed reviewing the application without a passport. You still need one but initially, they can proceed without one if they accept the circumstances outlined.
- Alternatively before applying for a PRTD, you may want to give it a shot and try and get a foreigner's passport or a refugee travel document or maybe a Certificate of Identity issued by Djibouti as valid travel documents to IRCC. I wasn't able to see any Djibouti specimens on EdisonTD or PRADO but look into it locally. If you were able to get such a document, you will be eligible to apply for a PRTD. Examples of documents issued by Canada. You want the same from Djibouti or a surrounding country. If not, attach a letter of explanation, I see no other way. All your avenues are going to be nasty.
- If you were not able to get a travel document, decided to apply for a PRTD and got lucky that IRCC accepted to proceed with reviewing the application, then IRCC can issue something called a Single Journey Travel Document (SJTD)for refugee-like situations but that is of course assuming two things happen:
- They receive your PRTD application and accept to review it without presenting an acceptable valid travel document from the get go
- Your PRTD application based on H&C has been assessed and approved by IRCC permitting you re-entry to Canada as a permanent resident
- Note: Even if the PRTD application has been approved, which is already extremely tough to assume, the IRCC officer may not be satisfied that you will be issued an SJTD. These are big IFs. They may return your application immediately and even if they don't return it, they may refuse it. So many tough hoops to jump on to even think about getting to the SJTD stage.
- Since you are a protected person, try reaching out to the local Embassy of Canada and see if they can help you with anything, although I doubt it because even Canadian Protected persons with Canadian refugee travel documents, the Canadian refugee travel document states that if the holder of this document takes up residence for extended periods of time, the document ceases to exist and they should apply for their own national passport from their country of citizenship. Take a look. You have been away from Canada for quite many years but still, no harm in trying.
All the best. It's gonna be tough but do keep us posted. In my humble opinion, your PRTD application stands a very low chance and if you really really want to come to Canada, you will have to dedicate some serious time, money and emotions because it is going to be a big fight in the Federal Court of Canada if you want it. It's gonna cost you a good chunk if the application is refused and you want a remedy so strap in. You may want to ask yourself if the PRTD application is refused.. if it's going to be worth it or not.
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hello all, I appreciate all the help and comments I have received. I have spoken to my lawyer and saw that my case is a complete dead end and it has an extremely low chance. I accept all responsibility and consequences and will go ahead and accept reality. Now that I am moving forward on I won’t pursue my return to Canada but instead file a legal case against my mother for fraud and negligence as I was merely trafficked as a minor. What are the routes I can take ?
Sorry that you got that response for your lawyer. Can you get a passport at all? If so you can a) try to get a US visa and travel to Canada via land border and enter as PR or b) renounce PR and look at studying in Canada. Again a lawyer can help with next steps. You would pursue a legal case from the country you are living in. It is not really a case that can be filed in Canada.
i am alone, I don’t have a family. I was neglected any option you gave me for help is near impossible. I can’t get a U.S. visa I am stateless, I can’t go to Canada for studying as I don’t have any resources for that. The only thing I want now is the justice I deserve that my parents gave me.
I'm not sure that pursuing your mother in court will get you anywhere, except result in you spending a lot of extra money.
If you want to try, you will need to hire a criminal lawyer in Canada. I'm also not exactly sure how you an make a case of trafficking against a parent or how you will prove fraud. Trafficking and fraud are very specific accusations.
If you want to pursue this, the first step is to pay for a consult with a criminal lawyer in Canada to see if you even have a case. My guess is that you unfortunately will not have a strong case.
It's a nasty situation. You can either try applying for a PRTD regardless and it either gets approved or gets refused and have your PR status revoked.
Or choose not to apply for a PRTD and wait years until you somehow can get a US visa.