Permanent Resident Travel Document

[sherry1123]

Hi,

I received a PRTD last year in October 2011 on humanitarian and compassionate grounds. However due to some unforeseen circumstances i couldnt travel back to canada.
My residency obligation breech was pretty long. I was last present in canada in april 2002. However i was only 12 years old when i was brought back from Canada by my family. I made a case on Humanitarian grounds, highlighting my helplessness in making the decision to stay in canada and my emotional attachment to the nation. The visa officer issued me a visa of 180 days validity that expired in April this year. I wasnt able to go because none of the universities that i applied to agreed to accept me in their advanced placement programs. I had already completed 3 years of my studies here so it was stupid to give it all up. Hence i did not utilize the visa.

I am now willing to apply again this October for the Visa because my university studies are going to be completed this december.
I am going to turn 22 this october so im still a child in their books.
Do you see many chances of success, considering my lack of intent to abandon canada in the first place and purely educational reasons preventing me from utilizing the PRTD last year...

All opinions are welcome

 

[PMM]

Hi

Hi,

I received a PRTD last year in October 2011 on humanitarian and compassionate grounds. However due to some unforeseen circumstances i couldnt travel back to canada.
My residency obligation breech was pretty long. I was last present in canada in april 2002. However i was only 12 years old when i was brought back from Canada by my family. I made a case on Humanitarian grounds, highlighting my helplessness in making the decision to stay in canada and my emotional attachment to the nation. The visa officer issued me a visa of 180 days validity that expired in April this year. I wasnt able to go because none of the universities that i applied to agreed to accept me in their advanced placement programs. I had already completed 3 years of my studies here so it was stupid to give it all up. Hence i did not utilize the visa.

I am now willing to apply again this October for the Visa because my university studies are going to be completed this december.
I am going to turn 22 this october so im still a child in their books.
Do you see many chances of success, considering my lack of intent to abandon canada in the first place and purely educational reasons preventing me from utilizing the PRTD last year...

All opinions are welcome

I think that you will have trouble obtaining another TD. CIC gave you a chance and you didn't take it. I don't think they will look kindly on that.

 

[sherry1123]

Awaiting more comments and opinions...

 

[scylla]

I agree with PMM. If I remember correctly, there was a similar case on here about a year ago and second TD was denied.

But I suppose you can always try...

 

[sherry1123]

Well i thought the same until i read the following in the ENF23 manual on page 22 that is available on the cic website. This is the standard procedure which the officers have to follow when issuing a PRTD. This brought my hopes up. What do u two make of this?? Anyone heard of someone getting the PRTD for the second time on H&C grounds?

The effect of a recent, favourable humanitarian and compassionate decision
Officers will sometimes make residency determinations for permanent residents who were the
subject of favourable decisions under A28(2)(c) for H&C reasons in the recent past, either by an
officer or the Immigration Appeal Division of the IRB. In this situation, officers are required to
exercise their statutory authority and render independent decisions. However, officers should be
mindful that the intent of the legislation was to enable persons to retain permanent resident status
where it is determined that, having regard to all circumstances, retention of status is warranted.
Therefore, unless circumstances have changed significantly or new information is available, it
would not be consistent with the intent of the legislation for these persons to receive a negative
determination.[/color]

 

[manu_pena]

well just last thursday I got my PR on humanitarian grounds too, I was outside of Canada since 1991. But the officer did mention that I should return within those 6 months, that if i failed , most likely i wouldnt be able to get it again. So that being said , most comments are right it SEEMS that they wont like that since based on compassionate grounds it would seem that your situation is somewhat urgent.

On the bright side, when i posted my situation on this forum, that I was only 10 when left and was outside of canada for 19 years, making me 29 years old right now, most comments where that it was unlikely that i would retain my permanent resident status. But bottom line it all comes down to the person who interviews you. If they find basis . or your "case" is weak , they might denied it, all though your are still 22 and with a degree, most likely they will grant it. The only thing that i think might have a negative impact is that you already applied to return at your earliest opportunity but did not take advantage of it. If I were you , I would reapply ASAP and see what they say. I got my PR again, so please dont let comments discourage you , every situation is unique and different.

PS Another thing, be honest with them, it worked for me. Because theyll ask for sure if you wanted to return to canada why did you apply now, only a year shy from your degree? When did you find out you werent accepted in an advance program at any canadian college? was it before or after? did you notify the embassy of this ? etc.. all these things are the most pressing questions. Think about it , and be honest.

Best of luck!

 

[sherry1123]

Thank you very much manu for your detailed response i deeply appreciate it. Well actually they did not send any letter or a note explaining their inability to give me a 2nd visa if i didnt utilize the first one, the way they sent you. All they had sent me was a counterfoil to my passport. I had a genuine reason for not utilizing it and thankfully i had informed the embassy too about my rejection from the advanced placement program. I intend to send that correspondence to the embassy this time when i apply in October this year. I am still under the age of 22 so that might also go in my favor. And i had significant attachment to Canada when i first lived there (attended 2 schools, had many friends, played hockey etc). I am going to attach all these things and apply before i turn 22. The fact that my reason for not utilizing my TD purely bc of educational reasons and not for economic gain might also go in their good books.

i have my fingers crossed. Hope this works out fine. Otherwise i would have to appeal!

Thanks again

 

[sherry1123]

Also manu, what do u make of the quote that i have quoted earlier in this post? Do u think this is relevant to me? I think it is because i was subjected to a H&C grounds decision just 10 months ago. This suggests that the CIC wants the ofiicers to be sympathetic to applicants like us. Please tell me what u think

 

[manu_pena]

Remember that almost all immigration information is very vague and ambiguous and there isn't many ppl u can actually talk to about clearing any doubts. Dont forget the HnC grounds is in essence about how unfair or bad it would be for you if you stay in your home country, BUT since you were a child when u left, they consider that to be out of your hands, so thats why you fall into the HnC grounds but since they granted the TD already and u didnt leave, its logical for them to assume "ur situation isnt that bad". We can think about 1000 different scenarios why they could or wont give u a 2nd TD, bottom line it all depends on the officer , so act quickly , stay positive and think "yes" cus' u'll always have the "no" and hopefully , they will.

 

[sherry1123]

When do u think would be the ideal time for me to apply again . I am thinking October because even if they issue a TD of 1 month duration i'll be able to move to canada because my degree would have been completed. If i apply now and they issue me a Td of one month duration the TD would be useless for me.