permanent residence travel document

[priyabhee]

i got pr along with my family in 2006 and i stayed in canada only for 1 month ..later my grand mother was in a serious condition in india so we r supposed to come along with my mom ..as she is the only daughter to her and me and my bro were minors....there were no 1 to take care of my grand mother so my mom was supposed to stay back in india as we ....so i continued my studies in india ..later as i got good score in my schooling i got a free admission in dentistry..i continued my studies for 5 years in india..as my dad couldnt affort dentistry admission in canada ...my father is citizen of canada now and he owns his business in calgary...now i want to continue my higher studies in canada and settle in canada along with my mom and dad..i didnt meet the pr obligation and m 22 now...do i get pr travel document ? if not what r the other ways to enter in canada
i have sin number too

please help me
thanks

 

[priyabhee]

my pr expired in 2011

 

[kateg]

I'm going to be blunt here. You may lose your Permanent Residency status if you attempt to use it.

There are residency requirements. You may not have met them. The government will sometimes overlook these requirements if they were not met, due to Humanitarian and Compassion considerations.

Leaving as a minor is understandable, and they are instructed to consider that if you return at the earliest opportunity. Medical reasons (particularly family) are also taken into consideration.

That being said, if it's been nearly 10 years, you are going to have a /very/ hard time making that case. Free schooling is less understandable than a dying family member.

22 was the old cutoff age for sponsoring dependant children. It's been lowered to 19. That's hurts.

Here's the potential good news:

For purposes of residency obligations:

For the purposes of A28(2)(a)(ii) and (iv), a "child" is defined as a child of a Canadian citizen
or permanent resident, including an adopted child, who is not and has never been a spouse or
common-law partner and is less than 22 years of age

Your residency obligations require to spend two years in Canada, however, there is an exception:

Pursuant to A28(2), a permanent resident complies with the residency obligation provisions
with respect to a five-year period if, for at least 730 days in that five-year period, the
permanent resident is physically present in Canada, or:
is outside Canada accompanying a Canadian citizen who is their spouse or common-law
partner or is a child accompanying a parent;

Have you, in the last 5 years spent at least two years at the same place as a parent who is a Canadian citizen?

 

[priyabhee]

firstly no,i am single so i didnt stay as a parent with a canadian citizen

and yes as defined about a child ...i am not less than 22. i am exactly 22 right now

i just had a medical emergency when i went to canada in 2006 so i came back to india along with my mom ..and got stucked

so i have medical proofs of my grand mother

my dental certificates of 5 years course

and 1 point is i was a minor...thats it

 

[Msafiri]

...so i continued my studies in india ..later as i got good score in my schooling i got a free admission in dentistry..i continued my studies for 5 years in india..as my dad couldnt affort dentistry admission in canada ....

The sections in bold are the real issue. Your absence started off being an issue with a sick relative but transitioned to a lifestyle choice. "I'm getting a better deal on education"...you could have education in Canada. As a PR you can get loans, scholarships and/or work like hundreds of thousands of PRs do each year. Add to this that those with overseas medical qualifications and/experience have a hard time breaking into the field in Canada as this is a regulated profession. Your dental degree is unlikely to be accepted in Canada and you may end up starting from scratch, seeking entry level positions including dental hygienist and/or having to upgrade your schooling.

Your only realistic option is to get a US visa and cross into Canada via land border. The CBSA agent at the land border may feel sorry for you and not report you or may not even bother asking why you were absent. He/she has approx 2 mins to decide whether to admit you or pass you on to Secondary Inspection. Your odds even if passed on to Secondary to get a pass on being reported are better than a PRTD which I believe will be bounced since the visa post has all the time they want to review your PRTD application and see you could have gone back to Canada way before you started your studies.

 

[priyabhee]

i stayed 2 yrs with my father outside canada in past 5 years .
i.e he owns his business and he came to india to extend his canadian business in india.
He met pr obligations and canadian citizen now.

as i was minor ...do they consider those days which i spend with my dad in india for pr obligation?

 

[Msafiri]

How old were you when your father acquired Canadian citizenship?

 

[priyabhee]

when he acquired pr i was 13 years ld

and io was 20 yrs old when he became citizen of canada

 

[canuck_in_uk]

when he acquired pr i was 13 years ld

and io was 20 yrs old when he became citizen of canada

You were no longer a minor when he became a citizen, so that counts for nothing.

Msafiri already told you the best course of action.

 

[canuck_in_uk]

Well, if you spent two years with him after he became a citizen, and before you were 22, you would be ok.

If not, it still brings you a bit closer if examined the border. If you come in by land, let them know that you are 22, and that you were accompanying a Canadian citizen father for two years, they may not count all the days exactly, or you may get a warning.

This is wrong. The exception for accompanying a parent is only for children under the age of 19.

 

[canuck_in_uk]

Actually, the law itself can be found here http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-24.html#h-29

Accompanying outside Canada

(4) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act and this section, a permanent resident is accompanying outside Canada a Canadian citizen or another permanent resident — who is their spouse or common-law partner or, in the case of a child, their parent — on each day that the permanent resident is ordinarily residing with the Canadian citizen or the other permanent resident.

Compliance
(5) For the purposes of subparagraph 28(2)(a)(iv) of the Act, a permanent resident complies with the residency obligation as long as the permanent resident they are accompanying complies with their residency obligation.

Child
(6) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act, a “child” means a child who is not a spouse or common-law partner and is less than 19 years of age.


EDIT: To clarify, this post was in response to a now deleted post in which incorrect information and citations were provided.

 

[kateg]

You're right, canuck_in_uk. They really should update the manual.

Thank you for the link.

As for the original poster, that's not a good thing.