Minor pr card expired outside Canada

[Uzmat]

Hello sir,
My nephew is 13 years old now. His PR card expired in July/25/2020. He enter in Canada in july25/2015. Spend 6 months, enrolled in school and left the country for taking religious education in pakistan. He couldn’t Re-enter because of education since he left. Meanwhile his mom got the citizenship. His mom planed to go back in Canada before his PR card expired. But due to pandemic they couldn’t. I have to know, can his mom apply his travel document although he did not complete 730 days.
if he Can apply travelling document. Can you guid me how to do this.
Thank you

 

[Bs65]

So maybe clarify did the child leave Canada with either of his parents so had no choice given leaving just for education would not I believe be considered a valid reason for failing the residency obligation. If the mother qualified for citizenship in this time assume she at least remained in Canada during most of this time period

 

[primaprime]

If the mother is a citizen she can sponsor him for PR again. A minor who was removed from Canada by their parents and applies for a travel document shortly after turning 18 has a decent chance of being able to keep PR status, but this case sounds a little less clear if at least one parent remained in Canada.

 

[armoured]

He can apply for PRTD but may be refused, see below.

Seems to me two options assuming plan is for the minor to return to Canada permanently:
1) Apply for PRTD on the basis will be accompanying mother when she returns. Not certain this will be granted, but since mother seems to have mostly/often been resident in Canada, possible. Will need to explain why he was out of Canada, but also his need to return with his mother. Note, the expiry date of the PR card mostly irrelevant, he was out of compliance roughly three years after departure. I won't try to guess at likelihood of approval. If/when he is allowed back in Canada, he'd have to mostly stay in Canada until back in compliance (travel may not be realistic).

2) Renounce the PR status and re-apply to sponsor him. This should have a high likelihood of being successful but take longer as long as mother is returning / has returned - although possible also they would grant a visitor's visa during process as a minor. Note health insurance may be an issue in all cases.

But in reality: these are not necessarily separate options. I'm not sure how they currently do this but my spouse had to apply for a PRTD to start the process of renouncing PR status (in our case in order to apply for a visitor's visa - we had no plans to return to Canada at that time and knew spouse would be refused the PRTD; note very different case so the remaining details irrelevant).

So it may be that the practical course is to apply for PRTD; if granted, return together; if denied, renounce PR status for the minor and apply for him as dependent child (with or without application for visitor's visa).

Note, not an expert, please do look into this more carefully.

 

[Uzmat]

I have one more question. Because the child is minor his mom can’t leave him in backhome. Can she apply a visit visa even-though his PR card expired. Once he get the visa ,enter with citizen mom in Canada, complete 730 days of resident obligation. Then apply for renewal PR card. And how many chances to get the visit visa.
thank you

 

[jddd]

I have one more question. Because the child is minor his mom can’t leave him in backhome. Can she apply a visit visa even-though his PR card expired. Once he get the visa ,enter with citizen mom in Canada, complete 730 days of resident obligation. Then apply for renewal PR card. And how many chances to get the visit visa.
thank you

No, he is not eligible for a TRV because he is a PR. No other choice but to apply for a PRTD.

 

[canuck78]

The child seems to be close to 18 and may have another parent or family member in Pakistan so not being able to leave the child in Pakistan is not likely to be a good reason.