PR expired 11 years ago.

[mazam001]

PR expired 11 years ago.
Left Canada within 1 year and never returned to Canada.
Has 3 kids and spouse.
The applicant wants to apply for PRTD including her 3 kids and spouse in the application.
Can the applicant include 3 kids and spouse when applying for PRTD?
The applicant is in overseas. Can the applicant's relative apply for PRTD for them from Canada.
If PRTD application gets refused, what will be the next steps.
Thanks a lot for your valuable suggestion.
Regards,

 

[YVR123]

PR expired 11 years ago.
Left Canada within 1 year and never returned to Canada.
Has 3 kids and spouse.
The applicant wants to apply for PRTD including her 3 kids and spouse in the application.
Can the applicant include 3 kids and spouse when applying for PRTD?
The applicant is in overseas. Can the applicant's relative apply for PRTD for them from Canada.
If PRTD application gets refused, what will be the next steps.
Thanks a lot for your valuable suggestion.
Regards,

PRTD is the short of PR Travel Document. It's for PR outside of Canada who doesn't have a valid PR card to travel back to Canad.
So it is for apply from OUTSIDE of Canada

Only PR can apply for PRTD. Since the spouse and children are NOT PR, they cannot apply for PRTD.
I think this person's PR CARD expired 11 years ago. Since she only stayed for 1 year 11 years ago, she does not meet her RO. (staying 2 years in the previous 5 years)
She can apply for PRTD under H&C if she has H&C reason. (return to care for dying family but 11 years is a bit long for that)
If her PRTD is approved, she needs to travel back to Canada and live there for 2 years straight (do not travel outside) and meet her RO.
THEN she could try to sponsor her spouse and children after that 2 years.
I won't say her chance of getting PRTD under H&C is high. But there is not enough details provided. (why she left for 11 years)
If her PRTD is refused, her PR will likely be proceed to be revoked.

 

[scylla]

PR expired 11 years ago.
Left Canada within 1 year and never returned to Canada.
Has 3 kids and spouse.
The applicant wants to apply for PRTD including her 3 kids and spouse in the application.
Can the applicant include 3 kids and spouse when applying for PRTD?
The applicant is in overseas. Can the applicant's relative apply for PRTD for them from Canada.
If PRTD application gets refused, what will be the next steps.
Thanks a lot for your valuable suggestion.
Regards,

Are the 3 kids and spouse in Canada or outside of Canada with the applicant? Is the spouse a PR as well? Are the children PRs?

 

[mazam001]

The lady was single when she left 11 years ago.
Then after returning to her home country she got married.
Then she gave birth to her children one after another.
Her husband and her children never came to Canada and She never applied for PR for them
Became busy with taking care of her children as a housewife.
Also she had to take care of her ailing father & mother in laws, young in laws from her husband's side who were dependants of her husband being the eldest son of his parents.
She deeply involved with the responsibilities of her children, spouse and spouse's family (traditionally women have to get involved with the husbands' family in the south Asian countries) from where she could not come out.
Now her father & mother in laws are no more the young in laws are no more dependants so she is out of the traditional responsibilities of her husband's family.
She has to only take care of her children.
How to apply for PRTD under H&C, any lead will be highly appreciated.
Thank you very much for your help.
Sincerely,

 

[scylla]

The lady was single when she left 11 years ago.
Then after returning to her home country she got married.
Then she gave birth to her children one after another.
Became busy with taking care of her children as a housewife.
Also she had to take care of her ailing father & mother in laws, young in laws from her husband's side who were dependants of her husband being the eldest son of his parents.
She deeply involved with the responsibilities of her children, spouse and spouse's family (traditionally women have to get involved with the husbands' family in the south Asian countries) from where she could not came out.
Now her father & mother in laws are no more the young in laws are no more dependants so she is out of the traditional responsibilities of her husband's family.
She has to only take care of her children.
How to apply for PRTD under H&C, any lead will be highly appreciated.
Thank you very much for your help.
Sincerely,

- She would need to apply for a PRTD under H&C on her own. She cannot include her family. She will need to show strong H&C reasons for not returning to Canada for 11 years and evidence to prove this. Alternatively she can try to fly to the US and then re-enter Canada through a US/Canada land border using a private vehicle. However this second option is difficult and problematic and probably has a very low chance of succeeding given how long she has been outside of Canada. She would also need to be prepared to potentially be separated from her family for several years.
- Details on how to apply for the PRTD are in the following link. She will need to include additional documents to show that her application should be considered under H&C since she has failed to meet the residency requirement. Living with family outside of Canada and having children outside of Canada is not regarded as an H&C reason. If she wants to use the health of her family members as that reason, she will want to provide evidence of these illnesses and also show they were ongoing for the 11 years. https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-travel-document.html
- If the PRTD is refused, she will lose her PR status.
- If the PRTD is approved, she would need to travel to Canada and then remain in Canada in order to sponsor her family for PR. Her family may or may not be approved for tourist visas to visit her in Canada while the sponsorship application is being processed. So she may end up being separated from them for around 1 year while the application is processed.

 

[Naturgrl]

- She would need to apply for a PRTD under H&C on her own. She cannot include her family. She will need to show strong H&C reasons for not returning to Canada for 11 years and evidence to prove this. Alternatively she can try to fly to the US and then re-enter Canada through a US/Canada land border using a private vehicle. However this second option is difficult and problematic and probably has a very low chance of succeeding given how long she has been outside of Canada. She would also need to be prepared to potentially be separated from her family for several years.
- Details on how to apply for the PRTD are in the following link. She will need to include additional documents to show that her application should be considered under H&C since she has failed to meet the residency requirement. Living with family outside of Canada and having children outside of Canada is not regarded as an H&C reason. If she wants to use the health of her family members as that reason, she will want to provide evidence of these illnesses and also show they were ongoing for the 11 years. https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-travel-document.html
- If the PRTD is refused, she will lose her PR status.
- If the PRTD is approved, she would need to travel to Canada and then remain in Canada in order to sponsor her family for PR. Her family may or may not be approved for tourist visas to visit her in Canada while the sponsorship application is being processed. So she may end up being separated from them for around 1 year while the application is processed.

@scylla - so if she comes to Canada with approved PRTD then she doesn’t need to meet Residency Obligations before sponsoring family?

 

[scylla]

@scylla - so if she comes to Canada with approved PRTD then she doesn’t need to meet Residency Obligations before sponsoring family?

If approved under H&C (RC-1) then she can sponsor her family immediately.

 

[canuck78]

The lady was single when she left 11 years ago.
Then after returning to her home country she got married.
Then she gave birth to her children one after another.
Her husband and her children never came to Canada and She never applied for PR for them
Became busy with taking care of her children as a housewife.
Also she had to take care of her ailing father & mother in laws, young in laws from her husband's side who were dependants of her husband being the eldest son of his parents.
She deeply involved with the responsibilities of her children, spouse and spouse's family (traditionally women have to get involved with the husbands' family in the south Asian countries) from where she could not come out.
Now her father & mother in laws are no more the young in laws are no more dependants so she is out of the traditional responsibilities of her husband's family.
She has to only take care of her children.
How to apply for PRTD under H&C, any lead will be highly appreciated.
Thank you very much for your help.
Sincerely,

DI’d she leave 11 years ago or was that when her PR card expired. If so she would have been out of Canada for closer to 15 years. Would start with seeing if she can even get a PRTD based on H&C. That will be very challenging. Other option could lead to 3+ years of separation from her family. Even if her children are able to get TRVs they would qualify for healthcare, free schooling, etc. in most provinces. Her spouse would not qualify to work or healthcare in most provinces. Don’t think that’s a feasible option for a family especially with younger children.