PR status expired

[Brellguyatt]

My mother in law held PR in Canada for many years until an injury sent her home to Jamaica. Her PR has expired.

We applied for a visitors visa, as per a immigration paralegal advice, and she received a letter stating to renounce or apply for a travel document.

Is she able to apply for her travel document with medical documents stating she had to leave and now she is better? Or that all of her family, children, sister, grandchildren are here? She went to high school, college in Canada. Just never got her citizenship.

Please help! Immigration paralegal is very clearly giving us he run around!

 

[zardoz]

My mother in law held PR in Canada for many years until an injury sent her home to Jamaica. Her PR has expired.

We applied for a visitors visa, as per a immigration paralegal advice, and she received a letter stating to renounce or apply for a travel document.

Is she able to apply for her travel document with medical documents stating she had to leave and now she is better? Or that all of her family, children, sister, grandchildren are here? She went to high school, college in Canada. Just never got her citizenship.

Please help! Immigration paralegal is very clearly giving us he run around!

A lot will depend on WHY an injury in Canada FORCED her to return to Jamaica. It will be hard to justify.

 

[Brellguyatt]

A lot will depend on WHY an injury in Canada FORCED her to return to Jamaica. It will be hard to justify.

So would it make the most sense to renounce her PR and come on a visitors visa?

What about that we have a baby on the way and we’re in a car accident and need help with the baby? Would that fall under humanitarian or compassionate grounds? Is that pushing it?

 

[zardoz]

So would it make the most sense to renounce her PR and come on a visitors visa?

What about that we have a baby on the way and we’re in a car accident and need help with the baby? Would that fall under humanitarian or compassionate grounds? Is that pushing it?

No, that's not relevant to her immigration status. She will need to apply for a PRTD to return to Canada and let the visa office make the decision. H&C factors will be taken into account at that point in time.

 

[Brellguyatt]

So she shouldn’t renounce her PR and just apply for a visitors visa?

You would recommend applying for the PRTD?

 

[Brellguyatt]

No, that's not relevant to her immigration status. She will need to apply for a PRTD to return to Canada and let the visa office make the decision. H&C factors will be taken into account at that point in time.

So she shouldn't renounce her pr status and just apply for her visitors visa?

She should apply for her PRTD?

 

[Buletruck]

Chances of a PRTD are pretty low and returning to Jamaica for medical treatment rather than having the issue tended to in Canada probably won’t help for H&C. Plenty of publicly funded medical facilities available in Canada. Your situation is unlikely to have any bearing on her PRTD.
Does she actually intend to settle in Canada?

 

[Brellguyatt]

Chances of a PRTD are pretty low and returning to Jamaica for medical treatment rather than having the issue tended to in Canada probably won’t help for H&C. Plenty of publicly funded medical facilities available in Canada. Your situation is unlikely to have any bearing on her PRTD.
Does she actually intend to settle in Canada?

Yes, she does. She lived in Canada from 8 until 33 years old. Her entire family lives here. Unfortunately, she never got her citizenship.

 

[Buletruck]

So how long has she been out of Canada?

 

[Brellguyatt]

So how long has she been out of Canada?

It has been approximately 18 years since she’s been in Canada. Her son was born in Canada then she brought him and his sister to Jamaica to live. They returned to Canada 8 years ago.

 

[zardoz]

It has been approximately 18 years since she’s been in Canada. Her son was born in Canada then she brought him and his sister to Jamaica to live. They returned to Canada 8 years ago.

I would suspect that the chances of her obtaining a PRTD under those circumstances are probably close to zero. However, there is nothing to prevent an application. If it's denied, the outcome will be the same as renouncing her PR status anyway.

 

[Brellguyatt]

I would suspect that the chances of her obtaining a PRTD under those circumstances are probably close to zero. However, there is nothing to prevent an application. If it's denied, the outcome will be the same as renouncing her PR status anyway.

We have already applied for the visitors visa. So that application would be cancelled if we went ahead with looking for her PRTD. Correct?

 

[k.h.p.]

We have already applied for the visitors visa. So that application would be cancelled if we went ahead with looking for her PRTD. Correct?

You will receive a message from IRCC telling you that she is not eligible for a TRV and to either renounce PR status or apply for a PRTD.

 

[canuck78]

Just want to point out is the her prod under h&C will take many months to process. Does she have extremely strong ties to Jamaica? Does she have her own funds? She may also struggle to get a visitor visa for fear she wants to remain in Canada. The children were only approved because they must have been close to 18.

 

[Brellguyatt]

Just want to point out is the her prod under h&C will take many months to process. Does she have extremely strong ties to Jamaica? Does she have her own funds? She may also struggle to get a visitor visa for fear she wants to remain in Canada. The children were only approved because they must have been close to 18.

Her children were born in Canada which is why they could come back. She has a job, home and her mother in Jamaica. She does have her money in the bank for her visa.