How to return back to Canada?

[immg]

Hi,

I immigrated to Canada in 2000. After a short time of a couple of months, I had to go back to my country because my mother got diagnosed with cancer. The cancer was in an advanced stage so I could not leave because I had to take care of her as I am the elder son. She was my #1 priority and I could not deal with my other duties such as PR/immigration. Keep in mind, I do not have a PR card because it started in 2002. Here is my question: How can I return back to Canada as a PR? Also one of children was born in 2004 and he does not have a status in Canada, so what about him?

All feedback is greatly appreciated.

Thanks.

 

[Alabaman]

I guess you need to apply for a travel document at a Canadian embassy under Human and Compassionate grounds and prove your case. If you get approved and you are back in Canada you can then sponsor your son for PR.

 

[immg]

Hi

I have applied for 3 PRTD visas to be able return to Canada under H&C Grounds for my wife, daughter and myself; however, we got a 3 letters attached with 3 appeal applications stating that our request has been refused due to failure of residency obligation requirement and asked us to file an appeal if we wish.

I have the following inquiries;

1.How long does the appeal take?
2.How much is the success rate of the appeals?
3. Should we change the justification for my daughter (17 years old) and make her case similar to her siblings’ who were issued PRTDs?
4. Can we request any of the following after we file the appeal:
a.Super-visa for my wife and myself through one of my sons whom they have a PR status and are living in Canada.
b. Parent sponsorship after it resumes on December 2014
5. What about our child who was born in 2004 outside Canada after landing?


Thanks

 

[immg]

Dear Leon,

PLease I need your help feedback.


Thanks in advance

 

[Leon]

1.How long does the appeal take?

I don't know but make sure you include solid proof that you were taking care of your mother, medical records, letters from doctors etc.

2.How much is the success rate of the appeals?

I have no idea what the average is but in your case, it depends on if you can prove that you spent the past 10 years taking care of your sick mother and this is why you could not meet the residency requirements.

3. Should we change the justification for my daughter (17 years old) and make her case similar to her siblings' who were issued PRTDs?

Wait until she is 18 and then apply for a travel document for her alone based on having been removed from Canada by her parents.

4. Can we request any of the following after we file the appeal:
a.Super-visa for my wife and myself through one of my sons whom they have a PR status and are living in Canada.
b. Parent sponsorship after it resumes on December 2014

A super visa is a temporary visa so you can not apply for it unless you officially lose your PR. If you lose the appeal and lose your PR, this would be a plan.

5. What about our child who was born in 2004 outside Canada after landing?

If you get your PR travel document, go to Canada and sponsor this child. If you don't get it but you get a super visa, you could apply for a student visa for minor for your child to go to Canada. It is however possible that you will have to pay international student fees.

 

[immg]

Dear Leon,

Thanks a lot for your fast response.

Please clarify for me your answer for point # 3 :

3. Should we change the justification for my daughter (17 years old) and make her case similar to her siblings' who were issued PRTDs?
“Wait until she is 18 and then apply for a travel document for her alone based on having been removed from Canada by her parents.”

Do you mean that we should only file appeal for myself and my wife and do not file a one to our daughter and wait until she is 18 and then re-apply for a PRTD for her. Regardless of her current refusal of her PRTD i.e still her PR valid and she can apply for new PRTD .

Thanks again .

 

[Leon]

You can file for an appeal for her now too and you could also mention in the appeal that she was removed from Canada by her parents as a minor and that she wishes to study in Canada now. However, she is still a minor. If you say her older siblings are in Canada, maybe you could get a letter from one of them stating that they would act as her guardian.

 

[immg]

Dear Leon,

1- Do mean that there is still a chance for her to apply for a new PRTD before filing an appeal?

2-And my last question: is that possible for myselef, my wife and my daughter to enter Canada through USA after filing an appeal? Is that still valid for us and can we pass without any problem?

Thank you very much once again for your help and support.

 

[Msafiri]

Hi,

I immigrated to Canada in 2000. After a short time of a couple of months, I had to go back to my country because my mother got diagnosed with cancer. The cancer was in an advanced stage so I could not leave because I had to take care of her as I am the elder son. She was my #1 priority and I could not deal with my other duties such as PR/immigration. Keep in mind, I do not have a PR card because it started in 2002. Here is my question: How can I return back to Canada as a PR? Also one of children was born in 2004 and he does not have a status in Canada, so what about him?

All feedback is greatly appreciated.

Thanks.

1. You have been outside Canada for circa 12 years...its going to be a hard sell that your absence for the entire period was due to your mum's cancer.

2. You have 60 days to appeal the PRTD refusals to the Immigration Board. If you don't file the appeal then you have lost your PR.

3. Appeals are currently taking around 12-18 months to be listed for a hearing. You can apply to the Immigration Board to be present at your appeal in Canada but they rarely grant this so you will have a conference call hearing...you will need to provide calling cards.

4. Sure subject to making an appeal you can turn up at the land border and seek admission..your refusals are already in the CIC systems so you will get a harsh lecture - make sure you don't sign a voluntary relinquishment of PR though.

Your time in Canada until the appeal is decided is a 'in limbo' type scenario as its not counted towards meeting the Residence Obligation nor for Citizenship unless you win the appeal. In hindsight it would have been better to enter via the US or got a flight to Canada if visa exempt and take your chance at the port of entry instead of a PRTD application.

If your appeal is denied you can appeal further to the Federal Court - another 12 months to be listed. However to prevent frivolous applications you must get permission from the FC to appeal to the FC so unless its on a point of law e.g CIC ignored the Immigration regulations or operational policy its no dice.

5. Although you don't need your PR card as proof of status once in Canada many organizations ask for one to provide services. A poster here was unable to get a BC drivers licence...check which province you are going to and make sure they accept your IMM1000 as proof of PR for e.g DL, Health. You can't apply for a PR Card while you are on appeal.

6. On what basis did your other family members get their TD's successfully?

 

[Leon]

Dear Leon,

1- Do mean that there is still a chance for her to apply for a new PRTD before filing an appeal?

2-And my last question: is that possible for myselef, my wife and my daughter to enter Canada through USA after filing an appeal? Is that still valid for us and can we pass without any problem?

Thank you very much once again for your help and support.

1. Since she was refused, she should definitely appeal.

2. Since you applied for PR TD's and were refused, the process is most likely underway to revoke your PR's unless you win your appeal. If your PR had never been revoked, you can get away with going across the border and staying for two years. However, if your PR had been revoked, that would not work, you would simply be overstaying as a visitor. Besides, even if you could magically undo your PR TD application and slip across the border somehow, you would not be able to sponsor your child born in 2004 for 2 years. I think your only chance it appeal and if not, then supervisa or other ways to immigrate again.

 

[immg]

Dear Leon,

What is the successful % of my appeal considering my mother’s sickness (approved by medical report) and having part of my family living currently in Canada with PR status.? and do you know any case similar to mine has been won.? What about hiring a lawyer ?


Thanks in advance .

 

[Leon]

I have no idea what the success rate of such an appeal would be. It would of course depend on if immigration believes that you really needed to take care of your sick mother for the past 10 years and if you can prove her illness. You can hire a lawyer if you have the cash. Maybe the lawyer can give you better ideas.

 

[immg]

Dear Leon,

Thank you very much for your kind help and comments.

It looks I should file an appeal and wait.


Thanks!

 

[Msafiri]

Dear Leon,

What is the successful % of my appeal considering my mother's sickness (approved by medical report) and having part of my family living currently in Canada with PR status.? and do you know any case similar to mine has been won.? What about hiring a lawyer ?


Thanks in advance .

Without knowing all the facts of your case no one can tell you your chances of success but IMHO they are on the very low end. You would need to provide proof that the cancer prevented you returning to Canada for 12 years...expect the appeal board to want to know amongst other things:

1. How you got PR?

2. How many months you remained in Canada after landing prior to leaving?

3. Did you quit your job before landing?

4. Did you go back to this job?

5. When did your mum get cancer?

6. What is the nature of the cancer and has it regressed?

7. What family members are in Canada? Sister, Children?

8. Your level of establishment in your country?

9. If you actually live in your country of origin or another country?

10. If you should have returned to Canada at the first opportunity?

11. If there is someone else at home to have looked after your mum?

The CIC counsel will play hard ball on this...as an insurance check if you can apply for PR under say the PNP stream etc.

 

[tito5]

Hi,

I immigrated to Canada in 1994 as visitor got my PR 1997 . i spent most of time (90%) in canada till 2006 after applyng for citizenship i left to usa and didnt come back ( wish make it 6 years outside canada) , i lost my pr card wish is expired , now i would like to go back to canada . is any chance to get back my status as resident ? if so how to proceed from usa

All feedback is greatly appreciated.

Thanks.

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