Lost my PR status, possible to apply for PRTD based on H&C grounds?

[Nilin]

Hello everyone I've gone over several topics in this forum that are similar to my situation, and I have a question about my case, as I'm very worried that I will not be given a PRTD due to my slightly complicated situation. I'd greatly appreciate any input on this matter.

My family (both parents + my siblings) moved to Canada and became permanent residents when I was 8 years old. I studied in grade school for the next 2 1/2 years, then moved back to my home country when I was 10, along with both of my parents because they didn't want to live in Canada anymore. I had to go with them as I was still very young at the time and would have no one to take care of me if I stayed, while my siblings, who are much older than me, stayed in Canada and eventually became Canadian citizens. I visited Canada twice after that -- once when I was 15, and then 17. Both times I only stayed for a few months since they were merely "vacation" trips as my parents had always told me that we were just there to visit my siblings.

Back then, I was completely unaware that these trips were actually my parents' attempts at keeping my PR status intact. I can still recall being called in for interviews by the Canadian Embassy in my home country a couple of times, which could have been related to my parents' constant negligence regarding our PR status. They still kept renewing our PR cards as well, despite having little to no intention of returning to Canada.

They had kept me in the dark for all those years, never educated me about permanent residency obligations, and didn't let me hold or read any of my own papers/documents and even lost some of them. I just turned 24 this year and now that I am older and much more aware of my rights and responsibilities, I wish to return to Canada and have every intention to stay and live there. Unfortunately, my PR card expired years ago and I've been absent from Canada for 6 years now. I understand that I have to apply for a Travel Document and I have a chance of losing PR status if my case can't be considered on Humanitarian and Compassionate grounds. I am hoping to appeal based on the fact that I was removed from Canada as a minor, but there are two points that concern me, as they could be used against my case:

• During my second trip to Canada when I was 17, I actually turned 18 there and could be considered an adult. But I was still a dependent at the time and even if I wanted to stay (which I did), I was not prepared to live independently. I left only 2 months after I turned 18. It was a big mistake on my part but I honestly did not understand the gravity of the situation at the time as I was still immature and foolish, unaware of the consequences of this action. I was simply content taking these vacations and did not comprehend that my parents and I are not supposed to keep moving in and out of Canada or disappear for years at a time.
• I'm 24 years old now so I could be questioned about why I didn't attempt to return to Canada and establish myself there earlier. The real reason is I wasn't prepared to live independently until now, as I mentioned already. I've been studying in college and I'm planning to continue my studies in Canada, so being a PR would be a very significant help, as starting from the beginning and applying as an international student with a student visa would be much more difficult to prepare for in so many ways.

Taking these details into account, what are my chances of retaining my PR status and being given a Travel Document? How long would my application take to process? Will I need any supporting documents to be considered, or will the above information in the form of a letter be enough? I feel like my concerns might seem really trivial but I'm just very confused right now. I would really like to apply for a PRTD as soon as I can but I'd also like to be prepared so that I won't be disappointed. :-[ Also, I should add that finances would not be a problem as my parents have offered to support me financially if I get to study there, and I also have a bit of income from past work and am planning to work part-time while I study in Canada.

 

[tds69us]

i'm not an expert ... but your chances are very slim to get a PRTD ... don't forget that its been 6 years since you've turned 18 ... so I guess in their view, you've had enough time to make a MATURE decision to come here under any circumstances. While it would be great, but Canada doesn't expect you to be fully prepared. Most of the new immigrants come here completely unprepared, which is why Canada has all these support programs for newcomers. So saying that you were preparing yourself (assuming you're single) for six years is quite a lot. I mean 1 or 2 years is understandable, but 6.....

However, you still need to understand what your current status in Canada is and what your options are. If Canada doesn't view you as permanent resident anymore, I would say don't waste your time with appealing...just apply for a student visa (which, AFAIK, doesn't take a lot of time to process)

Again, all this is just an unprofessional opinion and your best bet would be to speak with the Canadian Embassy in the country you live in now.

Good Luck

 

[Nilin]

i'm not an expert ... but your chances are very slim to get a PRTD ... don't forget that its been 6 years since you've turned 18 ... so I guess in their view, you've had enough time to make a MATURE decision to come here under any circumstances. While it would be great, but Canada doesn't expect you to be fully prepared. Most of the new immigrants come here completely unprepared, which is why Canada has all these support programs for newcomers. So saying that you were preparing yourself (assuming you're single) for six years is quite a lot. I mean 1 or 2 years is understandable, but 6.....

However, you still need to understand what your current status in Canada is and what your options are. If Canada doesn't view you as permanent resident anymore, I would say don't waste your time with appealing...just apply for a student visa (which, AFAIK, doesn't take a lot of time to process)

Again, all this is just an unprofessional opinion and your best bet would be to speak with the Canadian Embassy in the country you live in now.

Good Luck

Thank you for your response! I do have the same opinion, that my chances are very slim, but I'll try to apply for a PRTD anyway just to see if I can still retain my PR status. I was also planning to go through the student visa route if I am no longer a PR, although being a PR would've reduced school tuition by a very significant amount... ;D

 

[Leon]

Actually, when considering whether to issue a travel document, the immigration officers are encouraged to take into account whether you are returning first chance after reaching the age of 22, not 18. This is because until now, children up until the age of 22 have been considered dependent. A skilled worker can still include a child under 22 on their application as a dependent child.

Your chances are therefore probably not as slim as you think. However, you may well be asked why you did not stay at age 18 or try to go back earlier. However, keep in mind that in some provinces, 18 is not the age of majority, it is 19. Which province were you visiting if I may ask?

The age of majority varies from one province to another:
•Age of majority is 18 in: Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, Saskatchewan
•Age of majority is 19 in: British Columbia, New Brunswick, Newfoundland, Nova Scotia, Northwest Territories, Nunavut, Yukon

 

[Nilin]

Actually, when considering whether to issue a travel document, the immigration officers are encouraged to take into account whether you are returning first chance after reaching the age of 22, not 18. This is because until now, children up until the age of 22 have been considered dependent. A skilled worker can still include a child under 22 on their application as a dependent child.

Your chances are therefore probably not as slim as you think. However, you may well be asked why you did not stay at age 18 or try to go back earlier. However, keep in mind that in some provinces, 18 is not the age of majority, it is 19. Which province were you visiting if I may ask?

Oh, that's very good to know! Thank you for the information, Leon. I had assumed that they would consider everyone who is 18/19 years old as an independent adult. I was still very much dependent on my parents at that age, and at 22 I was still studying at college here in my home country. I haven't graduated yet (started college later than most due to some personal reasons) but I'm hoping to continue my studies in Canada and switch to a course/program that I've always wanted to take, but couldn't because the course choices here are very limited. My family settled in Ontario and that's where I'll be returning if I can get a travel document.

 

[Nilin]

Just an update: I got my travel document! The processing time was 15 working days so it took around a month before I received it, but it was worth the wait. I wasn't called for any interviews and didn't need to submit any additional documents besides the ones on their checklist. I'll be able to return to Canada now, though I'm still wondering if this will be enough to allow me to renew my PR card... I guess I'll find out once I'm there. ;D Hope this helps someone who is in a similar situation.

 

[memo123]

Great news...I which you the best of luck....I was just wondering how will you get your SIN/Drivers license/health card...etc....and whether you will be considered as a PR financially (by the universities if you decide to continue your studies), ....actually a question for the experts...

 

[Nilin]

Great news...I which you the best of luck....I was just wondering how will you get your SIN/Drivers license/health card...etc....and whether you will be considered as a PR financially (by the universities if you decide to continue your studies), ....actually a question for the experts...

Thank you! I did a bit more research online because I got a travel document with the counterfoil code R-1 and was wondering what it meant. The ENF 27 manual states that it's a "Positive residency decision" which is really troubling me now... as I mentioned I had to appeal based on H&C grounds as I don't meet the residency obligations and haven't been in Canada for 6 years. If my understanding is correct, shouldn't it be RC-1 (Positive residency decision based on H&C considerations) instead? I'm afraid of being questioned about this once I'm in Canada, either when they check my papers upon arrival or when I apply for renewal of my PR card. Waiting for 2 whole years to meet the residency obligation before applying for renewal isn't very feasible, especially if it can be avoided just by having the correct PRTD counterfoil code, as having a valid PR card seems to be a requirement when applying for all those other necessary IDs.

 

[meyakanor]

Hi Nilin,

Even if you had gotten your PRTD under H&C consideration (which you obviously did, not sure why it's R-1 on the counterfoil), it doesn't mean you are no longer in breach of the residency requirement.

You have been a PR for over five years, so the residency obligation that applies to you would be the one for those who have become PR's for more than five years, that is, you need to be able to look back at the past five years, and have at least 731 days. Just because they gave you PRTD, it doesn't mean you are now exempt from satisfying this condition. While you may probably renew your PR card right away due to being issued TD (need to double check on this), it is still not advisable to leave Canada for at least the next two years, since every-time you try to re-enter Canada, you risk of being reported due to the breach in RO.

As far as going to school and applying for documents, it would depend on which province you're planning to settle at. If you will settle in Ontario, then you won't need PR card for pretty much anything. I got my license, SIN, local tuition fee at an Ontario university, and health care by virtue of CoPR and the visa counterfoil alone. Other provinces, I could not speak much. I know that BC is a bit strict when it comes to requiring PR card though.

 

[Nilin]

Hi Nilin,

Even if you had gotten your PRTD under H&C consideration (which you obviously did, not sure why it's R-1 on the counterfoil), it doesn't mean you are no longer in breach of the residency requirement.

You have been a PR for over five years, so the residency obligation that applies to you would be the one for those who have become PR's for more than five years, that is, you need to be able to look back at the past five years, and have at least 731 days. Just because they gave you PRTD, it doesn't mean you are now exempt from satisfying this condition. While you may probably renew your PR card right away due to being issued TD (need to double check on this), it is still not advisable to leave Canada for at least the next two years, since every-time you try to re-enter Canada, you risk of being reported due to the breach in RO.

As far as going to school and applying for documents, it would depend on which province you're planning to settle at. If you will settle in Ontario, then you won't need PR card for pretty much anything. I got my license, SIN, local tuition fee at an Ontario university, and health care by virtue of CoPR and the visa counterfoil alone. Other provinces, I could not speak much. I know that BC is a bit strict when it comes to requiring PR card though.

I see. Thank you for clarifying, meyakanor. That makes a lot of sense.

The only immigration info I have is from the government website (which can be confusing and/or lacking at times) so there are a lot of things that I don't know yet and I feel very lucky that I was able to apply for and receive a travel document. I definitely do not have any plans of leaving Canada even for vacations, as I would like to earn citizenship status eventually, so staying for 2 years would not be a problem. I was just thinking that I can't be doing nothing for 2 years, being unable to study and work, so I'm glad to know that the PR card itself will not be necessary. I'll probably get legal counsel before applying for renewal, just to be on the safe side.

I'm still wondering if I should get the R-1 code changed to RC-1. I have been honest in my application and stated that I had not been present in Canada at all during the past 5 years. Would I be able to enter Canada or can they turn me away at the airport, based on the fact that I have the wrong code on my travel document? (even though it was an error on their part... if it is indeed an error)