PRTD H&C
- Thread starter hruday02
- Start date
Hi, may I ask how they did inform you with their decision? My H&C renewal has been on decision made for over 2 months and I have not heard anything from them
They sent a letter to my attorney and a copy to my home address. Home address did no receive as they typed wrong. Got copy from my Lawyer.
May I ask “how long” after you got the decision made on the pr portal they sent the letter?
This letter refers to the determination of your status as a permanent resident of Canada and to your application for a Travel Document to enable you to return to Canada.
After careful and thorough consideration of all aspects of your application and of the supporting information provided, I have determined that you have not complied with the requirements of the residency obligation under Section 28 of the Immigration and Refugee Protection Act.
Pursuant to subsection 28(2)(a), a permanent resident complies with the residency obligation provisions with respect to a five-year period if, for at least 730 days in that five-year period, the permanent resident is:
i. physically present in Canada;
ii. is outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or is a child accompanying a parent;
iii. is outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province;
iv. is an accompanying spouse, common-law partner or child of a permanent resident who is outside Canada and is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province.
For the purposes of determining whether you have met the residency obligation, I have examined the five-year period immediately before July, 2022. I have also examined all of the documentation that you have provided in support of your application for a travel document.
I have exercised my discretion in reviewing the humanitarian and compassionate considerations connected to the circumstances that you have presented with your application. Having considered all of the evidence that you have presented, I am not satisfied that your personal
Immigration Section - Service de l’Immigration
7/8 Shantipath, Chanakyapuri PO Box 5209 New Delhi 110021 India www.india.gc.ca
circumstances involve humanitarian and compassionate considerations that justify the retention of permanent resident status.
You have not satisfied the requirements of Subsection 31(3)(a) or (b) of the Immigration and Refugee Protection Act for the issuance of a Travel Document. Consequently, I am unable to issue you the document for which you have applied that would enable you to return to Canada. Your application for a travel document to return to Canada has been refused. If there is a final determination that you have lost your permanent resident status, you may no longer be allowed to enter Canada pursuant to A19(2).
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Thats very sad ! They usually approve cases of removed as a minor .
May i ask your age when you were removed as minor and how old are you now ?
Sorry to hear that. I believe (and I'm surprised to see it's not in that letter) that you can appeal, but that's up to you.
As the number of people applying for PRTD based on H&C for being removed as a minor has increased the approval rates have decreased. You used to be almost guaranteed approval if you applied before age 25. Then it moved closer to 18. There seems to be quite a lot of young adults applying who have spent minimal time in Canada and some families are using this process as a way to secure domestic tuition for their children with no plans or attempts to live in Canada as PRs. If the child has lived in Canada, attended school in Canada, created ties to Canada, etc. then chances of approval close to 18 years old are still quite good. The purpose of approving children who were removed as minors was to allow minors who had a history in Canada to return once they were no longer minors. What became possible was for families to land in Canada as PRs and then leave shortly thereafter but then apply for PRTDs once the child was going to college and university and wanted to attend school in Canada and pay domestic tuition rates. Unfortunately those applying often have minimal ties to Canada and have more in common with international students. We will have to wait and see if there has been further tightening when it comes to who gets approved for PRTDs based onH&C for being removed as a minor.
So not only are you 22 not 18 which counted against you it has been 2 decades since you lived in Canada. You have more in common with international students in many ways. Assume that is why you were denied.
Hi hruday02 ,
Have you completed all the forms properly with supporting documents?
What all forms you filled and supporting provided ?
Accordingly we can check for how to get it expedited...