PR status from a student standpoint

[night]

Hi,

I am an international student outside Canada. My father applied to become a permanent resident 12 years ago, he got it and we migrated to live there. A couple of months later, my grandmother got terribly sick and we had to move back to my country. My father is the elder son so we could not leave and so basically, we decided to leave it behind us. Now, 12 years later, I am 18 and got admission from a Canadian university. I applied for a student visa and they gave me an ultimatum: either to apply for a permanent resident travel document (PRTD) OR voluntarily surrender my PR status. I have not been to Canada in 12 years, I doubt they will approve of a PRTD but I was wondering, because of my father's situation, he had to leave to take care of my grandmother, that maybe I will be an exception but it is still a long shot. And what if I surrender my status and they never make me apply for a student/temporary/permanent visa ever again :/. Help please.

Your response is highly appreciated.

[Leon]

Apply for the PR travel document.  Since you were a minor when your father removed you from Canada and it was not by your own doing, you have a very good chance of getting it.  Once you are in Canada, you can apply to renew your PR card stating the same reasons.  Your tuition as a PR will be much lower than for an international student for one thing and for another, you do not have to worry about any study permits.

If you have any siblings, they will be in the same situation and they can also try this if they want to.  However, if they are still minors, they need to wait until they are of age.

[tegveer]

Apply for the PR travel document.  Since you were a minor when your father removed you from Canada and it was not by your own doing, you have a very good chance of getting it.  Once you are in Canada, you can apply to renew your PR card stating the same reasons.  Your tuition as a PR will be much lower than for an international student for one thing and for another, you do not have to worry about any study permits.

If you have any siblings, they will be in the same situation and they can also try this if they want to.  However, if they are still minors, they need to wait until they are of age.

Hey Leon!
What is exactly the age to be considered as a minor, is it 18 or 22 ?

Thanks!!1

[Leon]

A minor in Canada is 18 or 19 depending on the province.  If somebody is in that situation and wants to apply for a travel document based on their parents having removed them from Canada when they were minors, they should do it at the first opportunity after they reach the age of majority.  Someone who is in his early 20's might still have a good chance but the older you get, the less is the chance that they will accept your claim.

[night]

Thanks for the response, Leon. One more thing, in my travel document do I mention that I was accompanying my father who is a permanent resident or do I not mention it at all? and can you tell me more about what to write in the Humanitarian and Compassionate grounds?

EDIT: my father did not work in a Canadian business

Thanks again.

[Leon]

Thanks for the response, Leon. One more thing, in my travel document do I mention that I was accompanying my father who is a permanent resident or do I not mention it at all? and can you tell me more about what to write in the Humanitarian and Compassionate grounds?

EDIT: my father did not work in a Canadian business

Thanks again.

Just write the truth.  Write that your family got PR 12 years ago but after only a couple of months of living in Canada, you had to go back for your father to take care of his sick mother.  Therefore, you were forced to leave Canada as a minor child and it was not by your choice.  Now that you are an adult, you would like to return to Canada and therefore you would like to ask for a travel document so you can do that.

[night]

Thanks for response, Leon. I was wondering if you have seen cases like mine before, because I have went through the forums and I did not find any cases like mine. I think it would be better to get some insight from other cases similar to mine.

Thanks

[swann12]

Hi Leon...

I've a daughter having same situation like Night has...

We got the PR in 2003 and left 2004. When we left Canada, she was 9 years old.

Now she is going to graduate from high school this jun 2012. And intent to study in Canada.
(she is still 16 yrs... this july will turn to 17 yrs old.)

Can she apply the TDPR ? is 17 yrs old still a minor ? is she eligible to do it ?

Thank you very much for your response.

[Leon]

It is actually quite common for PR families to leave Canada for whatever reason and PR children who were taken out of Canada by their parents actually have a pretty good chance at getting a PR travel document so they can return to Canada as long as they apply at the first opportunity after they become adults  say somebody in their early 20's might still have a good chance of getting it but the older you get, that window starts to close.

Somebody who is 17 and wants to study in Canada can definitely try for a travel document.   In some provinces the age of majority is 18, in some it is 19.  If she is under that age, she will need a custodian in Canada in order to be allowed to stay without her parents.  For immigration purposes, the age of majority tends to be 18.  Her study fees in Canada will be lower if she is a PR.