prtd denied

[hsind]

hi every body.
my wife is a canda citizen and i was pr but now i am outside canada ( in india) AND MY pr card already expired and recently i applied for PRTD to return to canada but they refused due to not fulfilling RO ( residance obligation) and given a refusal letter to appeal the decision .My questions is that if i apply for New application for PR sponsored by my wife(spouse sponsored category) living in canada but i am outside canada now,is there any nagative impact on my new pr appliucation due to i lost previous PR status and how much processing time to complete the new application in india.or i need to appeal the decision not issue the PRTD.I can join my family in canada during processsing of my new pr application by which way.pls suggest me the better then better suggestion from yours experiences .
thanks

 

[Leon]

If you truly did not meet the RO and have no mitigating circumstances like staying to take care of your sick parents for example, there would not be much point in appealing. You can wait until the time to appeal runs out and then wait for them to officially revoke your PR. After that, you can apply for a multiple entry visit visa in order to visit your family.

At the same time, you can start preparing the paperwork for your wife to sponsor you again. The process to sponsor a spouse now takes something like 17 months. During that time, if you have a multiple entry visa, you can go back and forth. However, if you are not planning on settling in Canada, your new PR will end up like your old PR, that is, you will not meet the RO at some point and will lose it.

 

[hsind]

thanks leon,
(1) what are the chances that cic will issue me multi entry visitor visa to meet and stay with my family and how much time i can stay continuosly in canada.
(2) WHEN I APPLY for NEW PR APPLICATION UNDER SPOUSE CATEGORY ,ANY NEGATIVE IMPACT FROM CIC SIDE TAHT I HAVE NOT CARE MY OLD PR STATUS.

Thanks

 

[scylla]

1) I think it's impossible for any of us to say what the chances are. How long you can stay continuously in Canada will be determined by how long a visit you are given at the border and whether you are approved for visitor visa extensions.

2) No negative impacts.

 

[Leon]

thanks leon,
(1) what are the chances that cic will issue me multi entry visitor visa to meet and stay with my family and how much time i can stay continuosly in canada.
(2) WHEN I APPLY for NEW PR APPLICATION UNDER SPOUSE CATEGORY ,ANY NEGATIVE IMPACT FROM CIC SIDE TAHT I HAVE NOT CARE MY OLD PR STATUS.

Thanks

1) It depends on your situation. If you are currently employed outside Canada, have been for years and still are, then it will likely not be a big problem getting a visit visa as they know you are living outside Canada and not likely to overstay, especially since you lost your PR by not meeting the RO.

However, if you are not employed and you are living in Canada as well as outside Canada, it may be harder.

If you get the TRV and you want to settle in Canada at this point and work as soon as possible and do not have to leave Canada, you may be better off applying for sponsorship inland. That way you can get an open work permit in about 4 months although the processing time is up to 30 months and you should not leave Canada during this time.

If you are unsure about being in or outside Canada in the next few years, you should apply outland but then there is no open work permit, processing time can take 17 months on average and with your visit visa you can not work but you can stay up to 6 months at a time. Longer if you apply for an extension.

2) There will be no impact on a new PR sponsorship that you lost PR over not staying in Canada enough.

 

[Kraretto]

Hi hsind,

Sorry to hear your application has been denied.

BTW, when you see my another post and it looks like we have the similar situation even if we are in different countries. My wife is Canadian citizen and I am a PR. At this moment, I am using the “Accompanying a Canadian citizen outside" for PRTD. I got some replies in the forum and finally I make the decision to apply the PRTD to move back to Canada. In the PRTD application form, I have more than 1800 days in section 16 and all grand to section 17. Do you mind to share a bit more to the reason of the PRTD rejection? Thanks.

 

[hsind]

thanks leon and all,
(1) i see and listen in newpapers and news that cic is reducing wait time almost half as compare to present processing time under spouse family sponsor category.is it true and there is chances of it or any information regarding when this change will happen.

(2) if i apply now under spouse family category but after some time they will reduce wait time ,they will consider my case under old rule or process under new rule

 

[Leon]

thanks leon and all,
(1) i see and listen in newpapers and news that cic is reducing wait time almost half as compare to present processing time under spouse family sponsor category.is it true and there is chances of it or any information regarding when this change will happen.

(2) if i apply now under spouse family category but after some time they will reduce wait time ,they will consider my case under old rule or process under new rule

If they put more people on processing applications, it should cut down on the waiting time. Also for people who have already applied. The question is, did you see news about cutting the waiting time for inland applicants or for outland applicants? With inland, as long as you stay in Canada, you can get a work permit and as long as you don't have to leave, it doesn't matter how fast you get your PR. For outland, if you are living outside Canada and working anyway and you get a visit visa and can visit your family a couple of times a year while you wait, it doesn't really matter either. The problem is only if you want to work in Canada but still want to be able to leave.

 

[madhut5]

Hello everyone

I am also facing same issue, hope it gets resolved
I am a Canadian citizen, I am well settle in Canada since 9 years, my son is also Canadian citizen
My husband was outside of Canada for long time and his PR card is expired, he could not make 730 days in 5 years there were 2 main reason:
1) His mother was suffering from ALZHEIMER
2) He was perceiving PHD in electrical engineering
We applied on H&C grounds by giving detail explanation requesting for PRTD to enter canada.

Our PRTD request has been refused and they ask us to appeal, for that they may invite him to Canada for hearing? Do I have to consult immigration Lowers?

Please advise asap
Thank you for your valuable time

 

[madhut5]

Hi Leon- should I get an immigration Lawyer for appeal, please advise
Thank you so much in advance

MT

 

[Leon]

Hello everyone

I am also facing same issue, hope it gets resolved
I am a Canadian citizen, I am well settle in Canada since 9 years, my son is also Canadian citizen
My husband was outside of Canada for long time and his PR card is expired, he could not make 730 days in 5 years there were 2 main reason:
1) His mother was suffering from ALZHEIMER
2) He was perceiving PHD in electrical engineering
We applied on H&C grounds by giving detail explanation requesting for PRTD to enter canada.

Our PRTD request has been refused and they ask us to appeal, for that they may invite him to Canada for hearing? Do I have to consult immigration Lowers?

Please advise asap
Thank you for your valuable time

If he was in Canada at least once in the past 365 days, he can apply for a PRTD to attend his appeal hearing based on that. Failing that, you could try to appeal for the PRTD giving better documentation of his mothers illness and that he was taking care of her and who is taking care of her now if he is going back to Canada.

If he loses his PR status, you can sponsor him for a new PR.

 

[KRPB10]

Dear Leon,

Does RO apply to new immigrants also ? I landed under spouse sponsorship on first ever in Canada on September 01, 2016 and now for my work i need to travel to outside canada for 15 days. My new PR card has not been issued yet. Please advise urgently.

Regards,
Romy

 

[keesio]

Dear Leon,

Does RO apply to new immigrants also ? I landed under spouse sponsorship on first ever in Canada on September 01, 2016 and now for my work i need to travel to outside canada for 15 days. My new PR card has not been issued yet. Please advise urgently.

Regards,
Romy

You are fine. You can apply for PRTD without issue.

 

[KRPB10]

You are fine. You can apply for PRTD without issue.

KEESIO THANKS for your response. In PRTD application form 5524E, there is column of RO where it asks how many days i stayed in Canada. should i fill it and What are the documents should i attach ?

Thank you once again

 

[Leon]

KEESIO THANKS for your response. In PRTD application form 5524E, there is column of RO where it asks how many days i stayed in Canada. should i fill it and What are the documents should i attach ?

Thank you once again

Fill in the truth. They will see from the date you landed that you still have plenty of time to meet your RO within your first 5 years.