Verification Of Status (Before Returning To Canada)

[NorthBoundLife]

You've already received sound advice from others, so I'll contribute as well:

IMHO, applying for VOS (being ~ 13 years in breach of meeting the required Residency Obligation to maintain PR status)...is risky. You left Canada when you were age 6, so, at best, by age 9 you started to be in breach of the R.O. to maintain your status.

Do you have any strong H&C grounds to help if you are reported and issued a 44(1)?

If you return to Canada, could you remain in Canada for at least 730 days without leaving?! It would be difficult, I'm sure, but...would you be willing to do so?

Thanks for your response, appreciate it. Honestly, I don’t know what my H&C chances really are. I left Canada when I was 6 because my dad couldn’t establish himself, so he went back with my mom and me. My parents wanted me with them since I was still a child, while my siblings (who were much older) stayed in Canada and are now citizens. My dad has since passed away, my mom renounced her PR but will likely move back soon when my siblings sponsor her.

That leaves me basically alone here while my whole family is in Canada. I’d do anything to reunite with them and stay. I even tried coming back earlier but couldn’t because it took me years just to get a passport in my country (the process here is super slow, my old one was expired).

If I get back, I’m 100% willing to stay the full 730+ days without leaving. I just hope I still have a chance.I don’t care about being sick or having no health insurance I just want to be with my family in the future.

 

[Naturgrl]

Thanks for your response, appreciate it. Honestly, I don’t know what my H&C chances really are. I left Canada when I was 6 because my dad couldn’t establish himself, so he went back with my mom and me. My parents wanted me with them since I was still a child, while my siblings (who were much older) stayed in Canada and are now citizens. My dad has since passed away, my mom renounced her PR but will likely move back soon when my siblings sponsor her.

That leaves me basically alone here while my whole family is in Canada. I’d do anything to reunite with them and stay. I even tried coming back earlier but couldn’t because it took me years just to get a passport in my country (the process here is super slow, my old one was expired).

If I get back, I’m 100% willing to stay the full 730+ days without leaving. I just hope I still have a chance.I don’t care about being sick or having no health insurance I just want to be with my family in the future.

So your siblings entered your mother in the 2020 pool and she was invited to apply for PR? H&C is a long shot because you have had years to do it. Again getting US visa will be a challenge.

 

[lovelytobeinvincible]

Thanks for your response, appreciate it. Honestly, I don’t know what my H&C chances really are. I left Canada when I was 6 because my dad couldn’t establish himself, so he went back with my mom and me. My parents wanted me with them since I was still a child, while my siblings (who were much older) stayed in Canada and are now citizens. My dad has since passed away, my mom renounced her PR but will likely move back soon when my siblings sponsor her.

That leaves me basically alone here while my whole family is in Canada. I’d do anything to reunite with them and stay. I even tried coming back earlier but couldn’t because it took me years just to get a passport in my country (the process here is super slow, my old one was expired).

If I get back, I’m 100% willing to stay the full 730+ days without leaving. I just hope I still have a chance.I don’t care about being sick or having no health insurance I just want to be with my family in the future.

Sorry To Hear, You have a rather strong case here, even a PRTD with h&c could work in this case, normally I wouldn't recommend it but your case it very strong you are still 21, 3 years passed since you turned 18 its kinda late but not extremely late, Firstly what ill say is talk to a lawyer experienced with cases like this get his advice and go for a PRTD but remember it might take 1/1.5 yrs to get a final decision, I assume what you have said above here is just a summary so first explain your case to a lawyer and then seek his/her opinion and work things out quickly, each day you wait after turning the age of majority in which in cases like this is 18yrs old weakens your case, they normally see whether you returned or tried to return as soon as possible, other hardships and family times which id say you do have so act quickly and good luck.

 

[NorthBoundLife]

So your siblings entered your mother in the 2020 pool and she was invited to apply for PR? H&C is a long shot because you have had years to do it. Again getting US visa will be a challenge.

yes it was during covid as I remember

 

[Naturgrl]

yes it was during covid as I remember

So when did she apply for PR or she has it now?

 

[NorthBoundLife]

So when did she apply for PR or she has it now?

she does not have it yet, but she is in the process I guess my siblings filed an application on her behalf

 

[Naturgrl]

she does not have it yet, but she is in the process I guess my siblings filed an application on her behalf

Okay so she was selected in the lottery with one sibling sponsoring who meet LICO. She passed the medical too, I guess.

Your biggest issue is getting the US visa.

 

[lovelytobeinvincible]

she does not have it yet, but she is in the process I guess my siblings filed an application on her behalf

Your siblings missed a huge point you could have also renounced your PR and could have become a dependent on your moms application.I Guess they could have sponsored you as well altho I might be incorrect.I think you could have become a dependent.

Anyways its too late now

 

[canuck78]

Sorry To Hear, You have a rather strong case here, even a PRTD with h&c could work in this case, normally I wouldn't recommend it but your case it very strong you are still 21, 3 years passed since you turned 18 its kinda late but not extremely late, Firstly what ill say is talk to a lawyer experienced with cases like this get his advice and go for a PRTD but remember it might take 1/1.5 yrs to get a final decision, I assume what you have said above here is just a summary so first explain your case to a lawyer and then seek his/her opinion and work things out quickly, each day you wait after turning the age of majority in which in cases like this is 18yrs old weakens your case, they normally see whether you returned or tried to return as soon as possible, other hardships and family times which id say you do have so act quickly and good luck.

Not sure I would say a very strong case. They are an adult, spent the majority of their life outside Canada, family are adult siblings that have apparently spent a large portion of their lives not living together. Mother relinquished PR and is being sponsored by children and chose not to include her dependent. OP should have attempted to return a long time ago or relinquished PR in order to be available to be sponsored. There seems to have been no consideration by the family whether this one adult child would be able to return to Canada.

 

[NorthBoundLife]

Hi Everyone!
Ive Sought Counsel And They Advised Me To Apply For A PRTD with Supporting Evidence So I Will Be Doing That Accordingly.
Thanks For All Your Responses,Feedback And Help.
Good Day!

 

[lovelytobeinvincible]

Hi Everyone!
Ive Sought Counsel And They Advised Me To Apply For A PRTD with Supporting Evidence So I Will Be Doing That Accordingly.
Thanks For All Your Responses,Feedback And Help.
Good Day!

Good To Hear
And I just Checked You Can Apply For A VOS (They do not check for the residency obligation) if you need to altho if you are applying for a PRTD you wont need it
Good Luck!

 

[YVR123]

And if your mother's application isn't in the final stage, I wonder if you can still be added to her application before you turn 22 and if your PRTD got refused and your PR status got revoked.
Talk to your sibling (sponsor). It really depends on how much time you have before turning 22.

 

[lovelytobeinvincible]

And if your mother's application isn't in the final stage, I wonder if you can still be added to her application before you turn 22 and if your PRTD got refused and your PR status got revoked.
Talk to your sibling (sponsor). It really depends on how much time you have before turning 22.

Yes, But it would be risky cause OP would have to renounce his PR status and they should be certain that he/she can be included in her application. The decision of a H&C PRTD could take a lot of time and OP might surpass the dependent age by then.But it is worth a try if for certain that he/she is eligible to be included.

 

[canuck78]

And if your mother's application isn't in the final stage, I wonder if you can still be added to her application before you turn 22 and if your PRTD got refused and your PR status got revoked.
Talk to your sibling (sponsor). It really depends on how much time you have before turning 22.

Would have to count on at least a few months to renounce PR. Also would have to ensure that family meets LICO with an additional family members for all years.

 

[armoured]

Would have to count on at least a few months to renounce PR. Also would have to ensure that family meets LICO with an additional family members for all years.

Overall this is such a mess that it's a case where having a competent immigration lawyer would be worth it.

And note: a mess that's almost entirely the fault of all concerned in the family. If the OP had simply submitted a PRTD application immediately on becoming 18 years old, when argument that was a minor before that, this would long ago have been resolved positively (likely anyway, nothing 100% here). And if they'd done a simple lawyer consultation, they could have done it all themselves afterwards i.e. cost shouldn't have been prohibitive.

Now? Well, good luck.