Humanitarian PRTD refused left Canada as a child

[ibradjeb]

Hi, at the age of 5th, I became permanent resident of Canada in April 2003, I lived 10 months in Montreal with my parents who are also PR, I studied almost one year at preschool in Canada before my parents decided to leave Canada because my grandmother was severely ill and had hearts problems, she died in 2007.

Today I'm 28 years old, I have a diploma of Secondary School Teacher and work as a french teacher at the secondary school with 5 years of experience in teaching, and I got the maximum scores C2 at the TCF Canada french test.
I applied for a humanitarian PRTD considering the fact that it was not my decision to leave Canada at the age of 5 and even my parents were obliged to go back for taking care of my grandmother, after the age of 18 I was busy on my university studies (5 years of studies to get my teacher diploma in 2021) so until the age of 23 I was busy with my studies and I needed to work some years to get experience and money before coming back to Canada.

The visa officer refused my PRTD which IMMEDIATELY lead to the loss of my Permanent Resident status if I don't do an appeal, Despite having a lot of favorable ENF23 guide humanitarian factors.

What do you think should I appeal or its really the end of my story with Canada ?

 

[ibradjeb]

I know that some would say "WHAT 22 YEARS OF ABSENCE ?" But I don't agree with that rapid conclusion because I was 5 years old when I left Canada in 2004.

From 5yo to 23 years old I was busy with my studies and totally fiancially dependent to my parents
+
From 23yo to 28yo I needed to get teaching experience and money for my theorical return to Canada.
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ENF23 Guide humanitarian factors doesn't have an expiry date, they are timeless which the visa officer didn't saw i was really sad to notice that my PRTD was refused only... 8 days after I submitted it, it's really a rapid response because I've written 80 pages of explanation of my humanitarian case and my determination to go back to live in Canada.

 

[canuck78]

I know that some would say "WHAT 22 YEARS OF ABSENCE ?" But I don't agree with that rapid conclusion because I was 5 years old when I left Canada in 2004.

From 5yo to 23 years old I was busy with my studies and totally fiancially dependent to my parents
+
From 23yo to 28yo I needed to get teaching experience and money for my theorical return to Canada.
+
ENF23 Guide humanitarian factors doesn't have an expiry date, they are timeless which the visa officer didn't saw i was really sad to notice that my PRTD was refused only... 8 days after I submitted it, it's really a rapid response because I've written 80 pages of explanation of my humanitarian case and my determination to go back to live in Canada.

You spent 10 months as a 5 year old in Canada and want to return as a PR at 28 not 18/19. You had minimum ties to Canada and waited until you were ready to return. Losing PR is not a surprising outcome.

 

[ibradjeb]

Thanks for answering, first what kind of ties could we ask for the child I was at 5yo paying taxes ? I had my own school, my own yellow bus that waited for me at the morning, my own friends and classroom friends, my own teacher... I was fully integrated into the Canadian life for a child of my age, then... We left Canada and it wasn't my decision. I added my school photos to my PRTD demand.

Second, I asked for return at the first REALISTIC occasion, coming back at the age of 18 while I had no diploma and no funds is not a realistic occasion it would have mean staying jobless and sleeping in the streets sidewalks of Montreal and asking for social assistance, Is that a beneficial return ? If I asked for a PRTD 10 years ago, the visa officer would have declined it with the same arguments.

any humanitarian demand has its pros and cons, could the disadvantage of weak ties and long absence be sooo decisive and outrun so many positive sides like being a young teacher with 5 years of experience and secondary school diploma that can contribute the Canadian society as some Canada isolated regions and schools really need french teachers, isn't it the objective of recruiting permanent residents ? So why they refused my demand as it wasnt my decision to leave Canada as a child I feel thats unfair

 

[canuck78]

Thanks for answering, first what kind of ties could we ask for the child I was at 5yo paying taxes ? I had my own school, my own yellow bus that waited for me at the morning, my own friends and classroom friends, my own teacher... I was fully integrated into the Canadian life for a child of my age, then... We left Canada and it wasn't my decision. I added my school photos to my PRTD demand.

Second, I asked for return at the first REALISTIC occasion, coming back at the age of 18 while I had no diploma and no funds is not a realistic occasion it would have mean staying jobless and sleeping in the streets sidewalks of Montreal and asking for social assistance, Is that a beneficial return ? If I asked for a PRTD 10 years ago, the visa officer would have declined it with the same arguments.

any humanitarian demand has its pros and cons, could the disadvantage of weak ties and long absence be sooo decisive and outrun so many positive sides like being a young teacher with 5 years of experience and secondary school diploma that can contribute the Canadian society as some Canada isolated regions and schools really need french teachers, isn't it the objective of recruiting permanent residents ? So why they refused my demand as it wasnt my decision to leave Canada as a child I feel thats unfair

Being in Canada at age 5 for only 10 months does not mean you were well integrated into Canada for your childhood. You are wanting to return to Canada as a professional so you should try to apply for PR like anyone else that has decided to go to school and develop their career before wanting to immigrate to Canada. There are plenty of people in a similar situation as you who return at 18 to go to post-secondary education because their desire was to build a life in Canada but they couldn’t remain as a minor when their parents moved. If you want to immigrate I would start researching immigration pathways since you have lost your PR for valid reasons.

 

[Seym]

What do you think should I appeal or its really the end of my story with Canada ?

That's the kind of questions that you should ask an experienced immigration lawyer. If it really matters to you, spend some money to get a professional's opinion on whether an appeal has a realistic chance to succeed.

If the lawyer tells you that chances are slim or even non existant, well, refer to @canuck78 's message. Also, since you're hinting at school teachers' shortages in remote regions, l have amazing news for you, there are specific PR pathway for immigration to remote regions : https://www.canada.ca/en/immigratio...da/rural-franco-pilots/rural-immigration.html
Have a look. One of these places may be looking for teachers, else, there's always express entry. You're still young, getting PR is absolutely doable.