Residency obligation

[SuperMarco]

If they have no intention of returning to Canada in the near future there is no point in applying for PRTD at this point. Apply when you have proof that you will return on a permanent basis.

In this case I'd echo the point brought up here, https://www.canadavisa.com/canada-i...idency-obligation.870752/page-4#post-11063220 - if one is not in a position to think clearly it's all the more important to get competent representation.

That's why you don't go to the border until the reason for being away from Canada has ceased. Once you appear at the border you should be ready to stay for good, and you shouldn't try until then (however many years away that is).

Keep in mind that a single entry PRTD is only valid for six months once issued as per https://www.settler.ca/english/prtd-validity-application/ and https://www.immigrationstationcanada.com/post/how-long-is-my-prtd-valid

And as pointed out earlier, you might only get a one year PR card instead of the full five year PR card, https://www.canadavisa.com/canada-i...idency-obligation.870752/page-4#post-11062968

And also remember that you need to return to Canada and then apply for a PR card, and wait while in Canada for the PR card to arrive, as per https://www.canadavisa.com/canada-i...idency-obligation.870752/page-4#post-11064461 - meaning that if your PR card is delayed for any reason, that's keeping you away from that person in Europe.

So this isn't a good reason to try for a PRTD - even if successful, you would only have a short time to return to Canada.

If you don't return in that short timeframe then you'll have to start all over again from the beginning.

That's the part that can't be helped, I guess. But again, odds are better at the border for this.

Not possible. Once you get a rejection (and assuming you don't appeal or all appeals fail), then you lose PR status. So there's no chance to reapply for a PR card. You must actually have status as a PR to be able to reapply for a PR card.

Perhaps you mean apply for PR via Express Entry or similar again. This makes a lot of sense actually. You're likely eligible for express entry now, while you might be too old when your situation in Europe is settled. But EE to getting the CoPR / PR visa in hand is a slow process - this might actually buy you the five years you were looking for, if you managed to get an ITA again.

The second link - https://www.canadavisa.com/canada-i...ncrease-work-experience.870861/#post-11079696 - was just explaining that the odds are better at the border compared to a PRTD.

Or perhaps you meant my final paragraph? Basically the same as this, but we're all thinking that since you aren't able to return to Canada in the near future, you'd get the PRTD denied, and thus hurt your options for when you finally are ready to return to Canada.


So if you can, since you haven't finished with the application in the portal, I'd go ahead and withdraw the application. That should avoid anyone checking and trying to revoke your PR for now. (But also double check with competent representation before you do anything if you can.)


... but not _in the near future_

So again the concern is that by applying for a PRTD prematurely you'll just end up getting your PR revoked, when actually your chances might have been better after a long delay.


Actually I'm sure you have plenty of proof that you intent to return to Canada ... someday, in the distant future. The problem is that's proof for the wrong question. You'd need to prove that you want to return to Canada immediately (or at least within the next six months) when all the evidence goes the other way (that you'd have to stay in Europe with your sick relative during that time).

Of course, and as it's your situation, you're the one who has the right to decide what to do. My concern here is that you may not be choosing the best option for yourself.

Hello,
Thank you so much for this impressive summary of the recommandations. I'm forced to agree with you across all directions. In my modest view, the best solution in absolute is joining the border but the short term best solution seems to be to withdraw from tvrp + renounce to the status + reapply to EE because although it is no longer sure i will receive an ITA, it leaves me with more time to organize my self across the next 18 months. My initial view was so pessimistic that i intent to apply to tvrp with the idea that they will revoke my status by 90% chance; then i apply to EE bu preparing this month language tests. You guys are so strong, thank you very much again.

 

[SuperMarco]

The big issue is that when you apply for PRTD via H&C you should be able to show that the H&C issue has been resolved and you are in a position to return to Canada and meet your RO. If going to the border you could still be reported for not meeting RO or your file flagged for not meeting RO which would likely lead to questioning on subsequent entries and you are more likely to get reported if you repeatedly fail to meet your RO.

Thanks a lot. Very clear. H&C has been partly resolved but still requires coming back even a week every three months to check. What i read from you is that even in the border (you mean car not bus) i may be flagged and possibly get reported like we give you one month to leave the country. When you add family disease problems to this, i begin to think that renouncing now allows me to reapply to EE knowing that i might be punished with no ITA to receive. Again thank you very much.