Applying for PRTD as a minor

[zethu]

Hi there
I am really hoping you guys can help me

I am 16 y/o and a South African citizen. I became a permanent resident of Canada in 2008 I was about 5 y/o. I stayed there for maybe a month until I was taken back to South Africa. Obviously being a child I had no control over that. I think my dad left the Canadian company he was working for. But my siblings remained for longer than I did before everyone came back to South Africa. All my 3 siblings have since moved to Canada and have established lives for themselves in Canada and it was easy for them because they still had PR cards. But to my demise in recent years my family has fallen apart to the extent of our home being invaded and all documentation (including my PR) being stolen and later on our home being repossessed as well. I’ve been between my mom and dad in a very unstable environment, my mom is an alcoholic. I currently am not at school because my mom was paying all by herself at a very expensive international school ( I am smart) and couldn’t afford it. I am feeling so extremely hopeless. The plan is for me to move to Canada to live with my oldest sister who has a daughter and has established her life as a PR of Canada with no problem. I applied for PRTD under H&C grounds obviously as I didn’t meet RO. It’s been about two weeks (13 working days) since I applied and I am so worried. Is there anything I can do to strengthen my case and are there usuall problems where a minor is applying for a PRTD to live with family that aren’t their parents? My sister has tried to get a letter of enrollment for school but they all so far have required a proof or residence which obviously I do not have. If I had the money I would hire a lawyer but that’s obviously not an option. I will do anything not to be here any longer. The end goal is to become a Canadian citizen and forget about the hell that I resonate with my home country. If you’ve read up to here thank you.

 

[canuck78]

Since you are a minor your sister should be filing for guardianship of you. Not sure what the outcome will be of your PRTD. Best of luck. I am sure there are other less expensive schools that may be an option.

 

[Buletruck]

Agreed with the previous post. You should have your sister file for guardianship. Not sure how PRTD's work for minors applying alone, as you would need someone to support you. Guardianship would cover that.

 

[zethu]

Agreed with the previous post. You should have your sister file for guardianship. Not sure how PRTD's work for minors applying alone, as you would need someone to support you. Guardianship would cover that.

Okay thank you so much. But how does that work since we are from different countries? Or rather let me ask how should she go about filing for guardianship over me?

 

[zethu]

Sorry not from different countries but living in different countries.

 

[canuck78]

She would need to apply is SA first but I would imagine she might need to do it in Canada as well. You need to get a lawyer.

 

[zethu]

Okay I see. And under the circumstance that I was able to get both my parents to coherently give legal affidavits for permission for me to travel alone and live with my sister do you think that might suffice? My fear in her applying for guardianship over me is that in two years I will be considwred

 

[zethu]

Okay I see. And under the circumstance that I was able to get both my parents to coherently give legal affidavits for permission for me to travel alone and live with my sister do you think that might suffice? My fear in her applying for guardianship over me is that in two years I will be considwred

to be age of majority and the case might very well take two or possibly even more years. So I don’t want to open a can of worms so to speak?

 

[canuck78]

Canada is unlikely to allow a minor without parents/guardians to come to Canada because you would then be a ward of the province.

 

[zethu]

What does that mean? Sorry

 

[canuck78]

This isn't a simple process when you are dealing with different countries. You also haven't met your residency obligation. You need to consult lawyers in both countries.

Means that you will arrive and the Canadian government (provincial) will have to take care of you because you have no legal guardian.

 

[zethu]

My other sister however moved there when she was only 15 y/o and was living with friends of my dad. Maybe this was made easier because she had all her documents. Will ask her for further details though.

 

[zethu]

This isn't a simple process when you are dealing with different countries. You also haven't met your residency obligation. You need to consult lawyers in both countries.

Means that you will arrive and the Canadian government (provincial) will have to take care of you because you have no legal guardian.

I see. It seems that a lawyer is the best route to go. I will have to find a way.

Oh I understand and that might be seen as a liability to the country?

 

[canuck78]

Yes your PRTD approval would likely be seen as a liability. You would need to have guardians in place. Also a risk because your parents could complain that you had been illegally taken out of the country.

Your sister likely had a PR card that wasn't expired and she got lucky if she hadn't met her residency obligation.

 

[zethu]

My other sister however moved there when she was only 15 y/o and was living with friends of my dad. Maybe this was made easier because she had all her documents. Will ask her for further details though.

Just realized it’s probably also because she was not in breach of any RO at the time. I think