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PRTD requirements

R

RamMur

Full Member
Aug 17, 2015
28
0
Hello All,
Me and Family landed as immigrants in 2011. I have permanently moved to Canada since 2012. My daughter and wife were in Canada too. To attend to important issues they have gone back to home country. They have not met the 730 days PR obligations.The PR card has expired in July 2016. According to CIC website PRTD can be applied only if we can prove that we will meet 730 days obligation within 5 years from the date we became permanent residents. If we apply for PRTD, is there any chance of getting a PRTD.
From this forum, I came to know that using the record of landing, few people have traveled through US by road on private vehicles. Is that a possibility.
Third option would be to apply for spousal PR.
I would appreciate if an expert can look into the above options and advise suitable path forward.
Thanks
 
I'm no expert, I'll leave that to when Leon or scylla gives their take on this. But for the meantime, here's my advice:

You have two options here. Either a.) Apply for a PRTD on Humanitarian and Compassionate grounds (H&C) or b.) Enter through the US Boarder. Now, the best option for you depends entirely on your family's current situation and the risks you're willing to take.

For option (a) Applying for a PRTD, you need to at least have some compelling reason for their prolonged stay abroad. Do you have a sick relative they had to take care of? Any urgent business that absolutely had to be done? Are they leaving at the earliest possible oportunity? If you have an H&C reason, you better make the best possible case you can. Explain the reason for every month they had to stay out of Canada if you can. Try to read up on appeal cases online. You'll get a pretty good picture of what kinds of cases get denied and which ones get approved.

If you don't have an H&C reason, then you might want to try (b) crossing from the US boarder. Now, I know this is a VERY popular thing to advise here, but it really isn't for everyone. First of all, this only works best if your either already in the United States, have a valid US Visa, or can travel to the US freely. It can be EXTREMELY difficult for citizens of certain countries like India, Thailand, Philippines, etc. to get US Visas due to the large number of people overstaying. Not to mention, it's pretty expensive. And if you get denied, you won't get that money back.

When you cross through the US Boarder, you'll either be reported or let through with no problem. If you get reported, you have around a year or more to establish your family in Canada (get your spouse a job, send your kids to Canadian schools etc.). Prove how your family can be an asset to Canadian society. Probably add in some volunteer work if they can. If they don't get reported, then you just have to wait 2 years before applying for another PR Card. Be sure not to leave the country this time.

When you do try, and they don't work, then you can attempt to re-sponsor your spouse and children under Family Class
 
It is a possibility to enter from the US in a private vehicle but be aware that if the immigration officer becomes aware that they don't meet the RO (they are not under any circumstances allowed to lie to the IO) then they must let them enter but can however report them for not meeting the RO.

If that happens, there are two options. 1) they could accept the loss of their PR and not appeal or 2) they could appeal. If they accept their loss of PR, their PR will be revoked and they will be asked to leave Canada but you can sponsor them again. Your daughter however must be under 19 in order to be sponsored by you. If they appeal, the process may take 1-2 years and at the end, depending on their reasons for not having returned to Canada sooner and now being well settled, they may or may not be allowed to keep their PR. It would make sense in that case to appeal for your child separately saying she was removed as a minor through no fault of her own. If they do lose their PR at the appeal, you can sponsor them again.

If they do not get reported, they can put their PR status back in good standing by staying in Canada for 2 years. However, with expired PR cards they may face difficulties with things such as getting health care, drivers license, SIN if they didn't already have one and therefore job as well.

However, if they were happily outside Canada for the past few years, they are probably in no hurry to return so they could also opt to apply for PR travel documents based on their reasons for not being able to meet the RO. If they are given H&C grounds, they will get the travel documents and can return to Canada and renew their PR cards. However, if the travel documents are denied, they will lose their PR status' and you can sponsor them.
 
Hello Experts,

The reason I have posted the earlier query is , recently I have applied for citizenship for me and my daughter as she is below 18. In case if our application is successful, then my daughter has to come to canada to attend the test.
In case my wife and daughter travels through US border by private car and the officer reports, how it will affect the citizenship application of my daughter?
Will it have an impact on my application too?
 
RamMur said:
Hello Experts,

The reason I have posted the earlier query is , recently I have applied for citizenship for me and my daughter as she is below 18. In case if our application is successful, then my daughter has to come to canada to attend the test.
In case my wife and daughter travels through US border by private car and the officer reports, how it will affect the citizenship application of my daughter?
Will it have an impact on my application too?
Click to expand...

Your daughters PR status may not be under investigation in order to gain citizenship so if she is reported for not meeting the RO as she enters, she may be removed from your citizenship application. That could delay your application but it shouldn't put a stop to it although they might want to give you an RQ if they feel that your daughter did not stay in Canada at all, they might not trust that you have either.
 
good morning every one,i need your advice in our case, it is fo me and my 2 sisters
we came back to canada just last month,in the airport of montreal they told us that we will lose our situation as PR because we did not stay the 730 days,so they gave us 30 days to appeal in IAD,the reasons why we did not stay that our parents getting sick and we went back with them to our mother country and took care of them,when we decided to return to canada we faced many difficulties ,get the money to come back because every thing is expansive there so we started to look for a job (the average tthere is only 200 bucks/month and that is not enough to live and save some) and is not easy to get a job, my big brother made a surergy so he stayed home for more than 6 months i took care of him too,after that my dad took a suregry in his eyes as well we stayed more time,so we returned back to canda as soon as we could .my questions are:
1-can we apply for the appeal as a family or individual (my sisters has 29 and 26 years old now)
2-my younger sister get married when we were at our mother country,can that complicate things for her and for as as well.
3- how we make the appeal,by mail or hand (we have just a few days to that the deadline is this 23 october)
3-is it good to make a lawyer for that and ask for Humanitarian case
4- who is better we or the lawyer write a letter with our appeal
5- how along time it takes to answer our appeal
6- our PR cards will expire this December 2016 so can we renew them even before the IAD response to our appeal
7-are there cases like our case succeed because honestly i dont want to leave the country
 
hassen2_9 said:
good morning every one,i need your advice in our case, it is fo me and my 2 sisters
we came back to canada just last month,in the airport of montreal they told us that we will lose our situation as PR because we did not stay the 730 days,so they gave us 30 days to appeal in IAD,the reasons why we did not stay that our parents getting sick and we went back with them to our mother country and took care of them,when we decided to return to canada we faced many difficulties ,get the money to come back because every thing is expansive there so we started to look for a job (the average tthere is only 200 bucks/month and that is not enough to live and save some) and is not easy to get a job, my big brother made a surergy so he stayed home for more than 6 months i took care of him too,after that my dad took a suregry in his eyes as well we stayed more time,so we returned back to canda as soon as we could .my questions are:
1-can we apply for the appeal as a family or individual (my sisters has 29 and 26 years old now)
2-my younger sister get married when we were at our mother country,can that complicate things for her and for as as well.
3- how we make the appeal,by mail or hand (we have just a few days to that the deadline is this 23 october)
3-is it good to make a lawyer for that and ask for Humanitarian case
4- who is better we or the lawyer write a letter with our appeal
5- how along time it takes to answer our appeal
6- our PR cards will expire this December 2016 so can we renew them even before the IAD response to our appeal
7-are there cases like our case succeed because honestly i dont want to leave the country
Click to expand...

1. You can apply either as a family or as individuals but as you are all adults, immigration will likely process you as individuals.

2. Having gotten married should not complicate things for her.

3. You are leaving it very late to want to hire a lawyer now. The appeal deadline is 30 days so if you have to appeal by Oct. 23, you entered on Sept. 23 and have spent over 3 weeks of your deadline doing nothing. It would be better to hire a lawyer, yes but you need to do it fast. I sure hope you have proof of all your family medical problems.

4. You can write your appeal yourself or get a lawyer but you need a lot of evidence of your and your family medical problems or you will be denied.

5. Processing such an appeal can easily take 1-2 years.

6. You can apply to renew your PR card based on being under appeal but they will only give you one year validity at a time.

7. Based on your evidence, you might have a chance. In order to make sure you have a chance, you should build your life in Canada and not leave during your appeal processing. If they are not certain about you, being well settled by the time of your appeal hearing can sway them to let you keep your PR vs. revoking it.
 
hi again, and thank you LEON for answering my questions, and sorry if i am disturbing you with my questions, I wanna know if i should take my appeal by my self to IAD or it is better to send it via mail.
the 3 weeks i spent gathering the informations,renewed my cards (Health card,bank account),applying for a job and looking for a lawyer and just got an e-mail from him and have an appointment with him tomorrow, so what i should do now
 
hassen2_9 said:
hi again, and thank you LEON for answering my questions, and sorry if i am disturbing you with my questions, I wanna know if i should take my appeal by my self to IAD or it is better to send it via mail.
the 3 weeks i spent gathering the informations,renewed my cards (Health card,bank account),applying for a job and looking for a lawyer and just got an e-mail from him and have an appointment with him tomorrow, so what i should do now
Click to expand...

If you already have a lawyer, go talk to the lawyer. Take your sisters with you if you want to make sure they appeal too.
 
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