PR status for a minor

[trebus]

Hello,

I was 4 years old as a minor when my parents had to leave the country despite obtaining a landed immigrant status in canada but chose not to stay in order to take care of my grandmother. My parents have not returned back to canada for over 20 years and immigration has recently asked them to report on their current status. They do not wish to do anything in fears of revoking PR for me as well.

I am 25 years old now and I just recently found out about my landed immigrant status from my parents and I just recently finished my studies. I wish to move to Canada and resume my permanent residency if possible and start a new future there with more and better opportunities as the current country I lived in has put me in as stateless due to the laws and conditions the country is for the people of my race. Is there a way for me to obtain and assume permanent residency because of this or should it be revoked and for me to apply another way?

Please advise on what I should do.

Thank you

 

[Leon]

You can try applying for a PR travel document. Say that you were removed as a minor, that you want to return now to settle in Canada, first chance possible after reaching adulthood. Also write about your issues in your home country, being stateless etc.

In the past, a person having been removed as a minor was pretty much guaranteed to get a travel document up until their mid-20's or so but this has been changing recently and many have been refused based on not having applied early enough and even some people who have applied early have been refused based on not having spent any time in Canada and not having any ties. Your angle is that you are stateless so I think it's worth a try.

If you are refused a travel document and lose your PR, you can check if you qualify to apply for PR.

 

[trebus]

Thank you very much, I shall apply for a PRTD and see how it goes. Would having relatives like uncles, cousins, grandmother have any bearing on increasing the chances of this happening?

 

[nessiarx]

Hey, I have the same situation.

I was a minor when got a PR status in Canada.
But due to situation (my parents broke up) my mother goes back home and takes me with her because I was a child.
Now I am 30 and want to study in Canada.
I Austrian visa center they tald me that I have status still.

How was your process getting travel document? Do I have chance too?

Thank you in advance!

Hello,

I was 4 years old as a minor when my parents had to leave the country despite obtaining a landed immigrant status in canada but chose not to stay in order to take care of my grandmother. My parents have not returned back to canada for over 20 years and immigration has recently asked them to report on their current status. They do not wish to do anything in fears of revoking PR for me as well.

I am 25 years old now and I just recently found out about my landed immigrant status from my parents and I just recently finished my studies. I wish to move to Canada and resume my permanent residency if possible and start a new future there with more and better opportunities as the current country I lived in has put me in as stateless due to the laws and conditions the country is for the people of my race. Is there a way for me to obtain and assume permanent residency because of this or should it be revoked and for me to apply another way?

Please advise on what I should do.

Thank you

 

[Leon]

Hey, I have the same situation.

I was a minor when got a PR status in Canada.
But due to situation (my parents broke up) my mother goes back home and takes me with her because I was a child.
Now I am 30 and want to study in Canada.
I Austrian visa center they tald me that I have status still.

How was your process getting travel document? Do I have chance too?

Thank you in advance!

25 is pushing it but 30 is simply not going to happen. You can renounce your PR status in order to apply for a study permit.

 

[nessiarx]

Thank you for your answer Leon!
Why do you think so? I mean I was a minor and a child when my step-father applied for PR and when returning back to my home country still was a child.
In both cases a child didn't make it's own decision.
There is exact law that gives exact answer in my case?
And If I renounce my PR can I re-apply again for it?

25 is pushing it but 30 is simply not going to happen. You can renounce your PR status in order to apply for a study permit.

 

[PMM]

Hi

Thank you for your answer Leon!
Why do you think so? I mean I was a minor and a child when my step-father applied for PR and when returning back to my home country still was a child.
In both cases a child didn't make it's own decision.
There is exact law that gives exact answer in my case?
And If I renounce my PR can I re-apply again for it?

1. To get the benefit of "I was removed as a child and didn't have a choice" when it comes to an appeal for Humanitarian and Compassionate grounds, you must attempt to return to Canada at the first opportunity as an adult. Which is the age of 18/19 depending on the province. You are a 11 years past that.
2. You can apply for Permanent Resident TD, which will most likely be refused, and then you would have an opportunity to appeal, based on H&C grounds.
3. You can re-apply if you lose your PR status, but you would have to qualify under Express Entry or one of the Provincial Nomination Programs.

 

[spyfy]

Thank you for your answer Leon!
Why do you think so? I mean I was a minor and a child when my step-father applied for PR and when returning back to my home country still was a child.
In both cases a child didn't make it's own decision.
There is exact law that gives exact answer in my case?
And If I renounce my PR can I re-apply again for it?

Once you were an adult at 18, you have continuously made the decision NOT to go back to Canada for 12 years. You can only retain your PR on Humanitarian and Compassionate grounds if you can show that it was against your own interests that you were removed from Canada. If it really had been against your own interest that you were removed from Canada, why would you wait 12 years before you go back? That's why at 30 years you don't have a realistic chance to keep your PR on H&C grounds.

 

[Leon]

Agreed. The visa officer is instructed to take into consideration mitigating circumstances like you having been removed as a minor and you returning to Canada first possible chance after reaching adulthood.

In prior years, the age of dependent child was up until the age of 22 so it was considered if you were returning first chance possible after the age of 22. In prior years we were seeing plenty of people in their 20's being granted travel documents but even then, 30 would have been pushing it.

However, now the age of a dependent is 19 and immigration has started to clamp down and we have been seeing plenty of cases of travel documents being denied for this group, even those who are still in their early 20's.

If you renounce your PR based on that you did not meet the residency obligation, it will not stop you from applying for PR again if you qualify.