PR travel document on humanitarian & compassionate ground

[sgaur]

My younger son who got his PR when he was 8 year old in 2005. After visiting Canada in 2005, We did not pursue the immigration and he lost his PR in 2010. He applied for travel document in 2015 when he was 17 and half year old. His request for travel document was approved. He is now studying in University of Waterloo.

Now my elder son who is 21 year old and studying in USA is interested in moving to Canada. When he was 17 years, he opted to study in USA so he did not pursue the same route to enter Canada. Now, I feel it is very late to apply travel document for him. There is more probability that they will reject his request of travel document.

Is applying of travel document route is still an option available to him or not? if this route is not available to him, is there any other route for him to enter Canada? He is still studying in USA.

Any suggestion will be appreciated.

 

[Rob_TO]

My younger son who got his PR when he was 8 year old in 2005. After visiting Canada in 2005, We did not pursue the immigration and he lost his PR in 2010. He applied for travel document in 2015 when he was 17 and half year old. His request for travel document was approved. He is now studying in University of Waterloo.

Now my elder son who is 21 year old and studying in USA is interested in moving to Canada. When he was 17 years, he opted to study in USA so he did not pursue the same route to enter Canada. Now, I feel it is very late to apply travel document for him. There is more probability that they will reject his request of travel document.

Is applying of travel document route is still an option available to him or not? if this route is not available to him, is there any other route for him to enter Canada? He is still studying in USA.

Any suggestion will be appreciated.

He can still apply for a PR TD, however as you noted there is no guarantee it will be accepted under H&C grounds since he's been outside Canada for several years since he was no longer a minor. But applying is still possible. If PR TD is rejected due to not meeting RO, his PR status would then most likely be revoked.

Another option is for him to simply try entering Canada without obtaining a PR TD. He can drive into Canada, or fly using his US passport. The real risk here is that CBSA will report him upon entry for not meeting RO, and move to revoke his PR status. He would then be able to appeal this to CIC with any H&C reasons.

If he can make it into Canada without being reported, he would need to basically stay here for 2 straight years until he's in compliance with the RO, and only then can apply to renew his PR card. Each time he leaves Canada during these 2 years, he would face same risk upon returning of being reported and having PR status revoked.

 

[sgaur]

Sorry, he is having Indian passport. But he is studying in USA.

 

[Rob_TO]

Sorry, he is having Indian passport. But he is studying in USA.

Same general advice applies. Of course to fly, he would absolutely require a PR TD since his passport is not visa-exempt. He can still attempt to drive into Canada and hope CBSA doesn't report him.

 

[cn819]

Can you share the reason how you able to apply for younger son successfully? Do you apply it by yourself or via representative?