PRTD on h&c, Do i need a lawyer?!

[Arshan]

Hi,
I have been pr since july 2010 and in total i have 430 days of residency until Feb. 2012 when i left the country because of my sick mother. My pr card expired in Aug 2015. Now my plan is to apply for prtd on h&c grounds because the reason that i gave up my status has been my lonely mother. (At the time of my immigration to Canada I just counted on my only sister to look after our mother but shortly after my move she had just been pushed to escape from the country for life-threatening conditions to her and her family. In the meanwhile i have always been at the point of trying to get back to Canada but my mothers health condition got worse and worse. Now that my sister has got her nationality from France she is capable of taking the responsibility of our mother again, so i am free now to go and i can prepare all these as justifying evidence for the VAC).

So now do you think if i take any representatives or lawyers my chances of winning the case make any difference?! Or i can do it myself? Do i really have any chance?

 

[Buletruck]

To apply for a PRTD on H&C grounds doesn’t necessarily require a lawyer. It’s simply filing the appropriate documents for the application. You will want to ensure that your reasons for H&C exception are very clear and detailed in the application if you do the application yourself. If it is rejected, you may, at that time want to consider a lawyer if you plan to appeal the decision.

 

[Rob_TO]

Hi,
I have been pr since july 2010 and in total i have 430 days of residency until Feb. 2012 when i left the country because of my sick mother. My pr card expired in Aug 2015. Now my plan is to apply for prtd on h&c grounds because the reason that i gave up my status has been my lonely mother. (At the time of my immigration to Canada I just counted on my only sister to look after our mother but shortly after my move she had just been pushed to escape from the country for life-threatening conditions to her and her family. In the meanwhile i have always been at the point of trying to get back to Canada but my mothers health condition got worse and worse. Now that my sister has got her nationality from France she is capable of taking the responsibility of our mother again, so i am free now to go and i can prepare all these as justifying evidence for the VAC).

So now do you think if i take any representatives or lawyers my chances of winning the case make any difference?! Or i can do it myself? Do i really have any chance?

You will need to document all the reasons you were unable to return to Canada to fulfill your RO, over the past 6 years. So you need details of her specific sickness/medial conditions, doctors notes and recommendations you stay with your mom, hospital records, explaining your day to day activities you were required to perform for her that she is unable to do herself, reasons other family could not care for her, etc etc. As much proof as you can think of.

Decision of whether to accept your H&C reason and grant the PR TD is entirely at discretion of the visa officer reviewing your app. You can use a lawyer if you want, although you better make sure they are competent and have experience with H&C cases, as immigration lawyers located outside Canada are hit and miss. You can probably do yourself just as well.

 

[Arshan]

Thank you guys for your kind and prompt responds. I will follow your instructions.