Returning to Canada (didn't meet RO)

[Ranvir Moore]

Hi Folks,

Thanks for your input.

Thanks for clarifying ROB_TO. I somehow thought there was a way to renounce PR and re-request the same as and when we are ready to establish ourselves, without going through the complete process again J.

Based on what I have gleaned from all of you I still feel Option #1 would be the best route to keep the things clean; stay low [don’t travel] until really ready to move in (as I can’t move back yet).

Few Questions:
1. As per note from canuck78 is there anything I should keep in mind to build a strong case for PRTD based on H&C?

2. And how long could this process take?

3. If our request gets denied by IAD, could be appeal the decision or knock on the Federal Courts for reconsideration (don’t know the process or expense involved though)?

4. And lastly, what if we consider coming back to Canada via border crossing instead of requesting PRTD? Would the filing of PR Card extension in-Canada take longer than applying for PRTD from outside Canada (India)? Weighing in the pros & cons…

Thank you,
Ranvir!

 

[Rob_TO]

Few Questions:
1. As per note from canuck78 is there anything I should keep in mind to build a strong case for PRTD based on H&C?

Your H&C reasons are very weak in general, as most of the time absent from Canada was due to your own employment reasons which in general are NOT accepted as valid H&C claims.

If you want to use caring for your parents as a reason, you'll need documented proof for the entire time which shows their specific health conditions backed up by doctor analyses and hospital records, specific reasons you needed to stay with them, what tasks you were performing for them that nobody else could do, and showing there was no other family to also help take care of them.

2. And how long could this process take?

If your initial H&C claim is denied and you decide to appeal to IAD, it can take a couple years to wait for your appeal date.

3. If our request gets denied by IAD, could be appeal the decision or knock on the Federal Courts for reconsideration (don’t know the process or expense involved though)?

Honestly there would be no point. Going to a higher court could only be done if you could prove some factual error in law or process was made by a previous decision. Simply not liking the decision of not accepting your H&C reason, will go nowhere.

4. And lastly, what if we consider coming back to Canada via border crossing instead of requesting PRTD? Would the filing of PR Card extension in-Canada take longer than applying for PRTD from outside Canada (India)? Weighing in the pros & cons…

If you made it into Canada without being reported, apply for PR card renewal would certainly go for secondary inspection since you would be arguing H&C reasons. There is no timeline for this as each case is unique. I've heard some people wait longer than a year.

At least with the PR TD route, you should get your answer quicker.

 

[Ranvir Moore]

Thank you Rob_To.

I guess either of the 2 options I think of (whether to take a trip down to Canada now or just lay low), there is no sureshot/definitive way to secure the Permanent Residence given our situation .

Option #3 of reapplying the PR from scratch might take a long time as this was a Parental Sponsorship Application (our son sponsored us). Even if we decided to pursue this track, there could be some questions around why we didn' t avail this last time.

 

[Rob_TO]

Option #3 of reapplying the PR from scratch might take a long time as this was a Parental Sponsorship Application (our son sponsored us). Even if we decided to pursue this track, there could be some questions around why we didn' t avail this last time.

If you renounced your PR status or had it revoked, your son could sponsor you again. Your previous PR status would not affect the new application at all.

HOWEVER your son and you would need to meet certain requirements as rules have changed over the past few years for parents sponsorship:
- your son needs 3 years of income meeting the new parents LICO amount
- once he qualifies for income, he must enter a lottery held only every January and be lucky to get selected.
- you and your spouse must have no serious medical conditions that could be seen as a drain on Canadian healthcare

Due to the lottery factor, there is a chance he would never be selected to sponsor you.