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Child PR card expired outside Canada, decision of parents

Asher Matthew

Newbie
Dec 11, 2017
9
0
Mauritius
Hello,
I am from Mauritius and I have been living in Québec for more than a year. I gained pr status. My mother was living alone with my sister and I. Yet after some times, my mother fell sick (heart disease) and we had to go back to the country. Furthermore, my father did not find a job in Québec. Besides, he still had the opportunity to regain his former job in Mauritius which was more stable. Therefore in June 2010 the whole family returned back to Mauritius. I was 7 years old and I didn't get to choose whether to stay or to go. Later, my father said that he would not go back to Canada. My mother expressed her desire to follow her husband and to stay in Mauritius. Yet they told me it was possible for me to go back later on which i found out not to be true.

Now my father has left the country and went to work as an engineer in Kenya. My mother is therefore staying alone with us till the end of our high school studies. Yet she is falling sick again. This time diabetes. She wants to go in Kenya with my father and live there with him. Yet my sister and I didn't adapt to the educative system there.
I am now 17 years of age and almost done with my high school. I asked my parents if I could try to go back. They finally agreed. Yet they say that my sister is too young to go back to Canada alone with me.

Moreover, my PR card has expired and I know I therefore need a TD to go back. Yet I don't think I satisfy the criteria to ask for a TD. I heard that I should therefore ask for Humanitarian and compassionate grounds. According to the OP10 Permanent Residency Status Determination page 15 I am eligible for Accompanying a PR outside of Canada.
Does that make me eligible for a TD?
Furthermore, According to OP10 Permanent Residency Status Determination page 15, it is stated that in evaluating humanitarian and compassionate factors, the manager or immigration officer must take into account the best interests of the children directly affected by any determination of their residency status or that of their parents.
Does that mean that I will get Humanitarian and compassionate grounds?

Finally is is also said that Managers and immigration officers should not limit the exercise of their discretion only to cases of unusual and undeserved hardship. They should consider approving cases on humanitarian and compassionate grounds wherever the hardship of losing residency status would have a disproportionate impact on the permanent residents or on their family members, taking into account personal circumstances.

Does this means that approval of a PRTD is subjective and that it usually depends on the Immigration officers or managers?

Thank you,
Asher Matthew.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Yes the PR TD is subjective and is at discretion of the visa officer. You are clearly in violation of the Residency Obligation, however you were removed as a minor and are now trying to return as soon as you are able. In these cases when the PR is around 18 years old, the PR TD has a very good chance to be approved as this is a very commonly accepted H&C reason for not meeting RO. Although this is not 100% guaranteed.

If PR TD is approved, you can return to Canada and apply to renew your PR card immediately.

If PR TD is rejected, that will start the process to officially revoke your PR status. You can choose to appeal this, or to do nothing and your PR status will be terminated after some time (I think 30-60 days).
 
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Asher Matthew

Newbie
Dec 11, 2017
9
0
Mauritius
Thank you very much for this information.
Yet do I have better chances of being accepted if I apply for a TD before being 18 years old. Because I already discussed with my parents and they agreed. Will this affect my chances of being approved?

I am turning 18 next year. Should I wait till I turn 18 or should I send the request for a TD now?
 
R

rish888

Guest
Thank you very much for this information.
Yet do I have better chances of being accepted if I apply for a TD before being 18 years old. Because I already discussed with my parents and they agreed. Will this affect my chances of being approved?

I am turning 18 next year. Should I wait till I turn 18 or should I send the request for a TD now?
I know my opinion on the way to approach re entry into Canada is not the most popular on this forum, but I stand by it. In fact just recently, another forum member (@BOYX) in the similar situation of being a minor not in compliance chose to enter Canada via the land border instead of applying for a PRTD and managed to enter successfully without getting reported. He is now safely in Canada and in uni.

To elaborate a little for the OP, there are 2 ways you can enter Canada:

1: apply for a PRTD and hope you get it.

2: Enter Canada through the land border with the US. (No need for a PRTD in this scenario, your expired PR card will suffice.)

I prefer option 2. While option one has good odds, In my view option 2 has better odds. This is for a variety of reasons, but the main one is that at the land border multiple officers review your case before you get reported. Even if you are reported you can still enter Canada and make one last attempt at retaining your PR status by appealing.

Through option 2, you cannot leave Canada for 2 years, which is a downfall. It is up to you to decide if that is a fair trade-off.

Do you have your original record of landing/confirmation of permanent residence? You will need that paper inside Canada for stuff like uni, driver's license, health card etc.

Best of Luck!
 
R

rish888

Guest
For more info on procedures inside Canada look at the ENF manuals. ENF 6 in particular is an interesting read.
 

Asher Matthew

Newbie
Dec 11, 2017
9
0
Mauritius
Thank you very much, I appreciate your attention towards my case. Yet I believe that if I need to be given a PRTD, it shall be done. Besides, if I am rejected, maybe will it be the way that things should be occurring.
However, I appreciate your response very much.
 

Asher Matthew

Newbie
Dec 11, 2017
9
0
Mauritius
I know my opinion on the way to approach re entry into Canada is not the most popular on this forum, but I stand by it. In fact just recently, another forum member (@BOYX) in the similar situation of being a minor not in compliance chose to enter Canada via the land border instead of applying for a PRTD and managed to enter successfully without getting reported. He is now safely in Canada and in uni.

To elaborate a little for the OP, there are 2 ways you can enter Canada:

1: apply for a PRTD and hope you get it.

2: Enter Canada through the land border with the US. (No need for a PRTD in this scenario, your expired PR card will suffice.)

I prefer option 2. While option one has good odds, In my view option 2 has better odds. This is for a variety of reasons, but the main one is that at the land border multiple officers review your case before you get reported. Even if you are reported you can still enter Canada and make one last attempt at retaining your PR status by appealing.

Through option 2, you cannot leave Canada for 2 years, which is a downfall. It is up to you to decide if that is a fair trade-off.

Do you have your original record of landing/confirmation of permanent residence? You will need that paper inside Canada for stuff like uni, driver's license, health card etc.

Best of Luck!
yes I have the my expired PR card...will it be enough as a confirmation of PR?
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
I know my opinion on the way to approach re entry into Canada is not the most popular on this forum, but I stand by it. In fact just recently, another forum member (@BOYX) in the similar situation of being a minor not in compliance chose to enter Canada via the land border instead of applying for a PRTD and managed to enter successfully without getting reported. He is now safely in Canada and in uni.

To elaborate a little for the OP, there are 2 ways you can enter Canada:

1: apply for a PRTD and hope you get it.

2: Enter Canada through the land border with the US. (No need for a PRTD in this scenario, your expired PR card will suffice.)

I prefer option 2. While option one has good odds, In my view option 2 has better odds. This is for a variety of reasons, but the main one is that at the land border multiple officers review your case before you get reported. Even if you are reported you can still enter Canada and make one last attempt at retaining your PR status by appealing.

Through option 2, you cannot leave Canada for 2 years, which is a downfall. It is up to you to decide if that is a fair trade-off.

Do you have your original record of landing/confirmation of permanent residence? You will need that paper inside Canada for stuff like uni, driver's license, health card etc.

Best of Luck!
Actually with Option 2, there is a chance to request official determination of H&C reason by Minister's Delegate at the POE. If the Minister's Delegate finds the H&C is justified, that will go on your record so you can then apply for new PR card immediately upon re-entering Canada. Having to wait 2 years inside Canada without being able to leave, could be difficult for some (i.e. may be family emergency in home country during those 2 years). Having a valid PR card makes this much easier.

The main document required if wanting to do 2-years in Canada, is the SIN. If a SIN was obtained as a child prior to leaving Canada, then it can simply be re-activated from any SIN office. However is SIN was not obtained, then only a valid PR card is sufficient ID to get a brand new SIN. So without the PR card/SIN they would be unable to legally work for any employer, a scenario that may be impossible to consider for 2+ years.
 
R

rish888

Guest
Thank you very much, I appreciate your attention towards my case. Yet I believe that if I need to be given a PRTD, it shall be done. Besides, if I am rejected, maybe will it be the way that things should be occurring.
However, I appreciate your response very much.
It is absolutely your choice. I just chose to lay out the options for you so you can make an informed decision on the way to proceed.

I still stand by the land border, and as @Rob_TO said you can always request an official determination to enable you to get a new PR card.

Whichever way you go, I hope it all works out for you.
 

Asher Matthew

Newbie
Dec 11, 2017
9
0
Mauritius
Actually with Option 2, there is a chance to request official determination of H&C reason by Minister's Delegate at the POE. If the Minister's Delegate finds the H&C is justified, that will go on your record so you can then apply for new PR card immediately upon re-entering Canada. Having to wait 2 years inside Canada without being able to leave, could be difficult for some (i.e. may be family emergency in home country during those 2 years). Having a valid PR card makes this much easier.

The main document required if wanting to do 2-years in Canada, is the SIN. If a SIN was obtained as a child prior to leaving Canada, then it can simply be re-activated from any SIN office. However is SIN was not obtained, then only a valid PR card is sufficient ID to get a brand new SIN. So without the PR card/SIN they would be unable to legally work for any employer, a scenario that may be impossible to consider for 2+ years.
I still have my SIN. How does it help me to get my TD approved?
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
I still have my SIN. How does it help me to get my TD approved?
It doesn't.

It would just help if you came into Canada at a land border and intended to stay 2 years before renewing PR card.
 
R

rish888

Guest
Did you applied prtd? I am having similar situation I am in kenya
I would caution against a PRTD. Recent trends are not positive.

Your best chance is with the land border.

It may be slightly inconvenient, but it is quite doable.

You can take a flight to Buffalo Airport via NYC. From Buffalo airport take a taxi to the Canadian border. Walk across the bridge. Once across the bridge take a taxi to the nearest bus/train station. Take that bus/train to your city of destination/Toronto from where you can catch a domestic flight. If you have family in Canada, have them pick you up from Buffalo. They can then take you to Toronto from where you can take a domestic flight/train to your city of destination.

Assuming you don't have family who can pick you up and you need to walk across the bridge, mail all your clothes etc from the U.S. to your Canadian address. Shipping rates are not too steep and you can avoid dragging your suitcases across the bridge.

Good luck!
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
I would caution against a PRTD. Recent trends are not positive.

Your best chance is with the land border.

It may be slightly inconvenient, but it is quite doable.

You can take a flight to Buffalo Airport via NYC. From Buffalo airport take a taxi to the Canadian border. Walk across the bridge. Once across the bridge take a taxi to the nearest bus/train station. Take that bus/train to your city of destination/Toronto from where you can catch a domestic flight. If you have family in Canada, have them pick you up from Buffalo. They can then take you to Toronto from where you can take a domestic flight/train to your city of destination.

Assuming you don't have family who can pick you up and you need to walk across the bridge, mail all your clothes etc from the U.S. to your Canadian address. Shipping rates are not too steep and you can avoid dragging your suitcases across the bridge.

Good luck!
Unfortunately not everyone can afford to take the risk and fly to a land border or may not be able to get a US visa. I am sure they will take the route that works best for them knowing the risks.
 

jignesh72

Full Member
Sep 28, 2017
33
0
Thanks your reply.Yes I do have us visa. But it still dont look so simple.Most of the univercity are asking for valid pr card as proof of resident.
Even at canadian border there should be some immigration can we show them expired pr card? even if we enter in canada how do canada immigration will come to know are two years we are staying as resident? i have original landing paper and sin card also.do recommend any one for help?