Do I have a solid case for H&C?

[Ash_7798]

Hi everybody,

I wanted to get some info about H&C considerations and if I can get a PRTD.
Back in 2012, my family and I Landed in Canada and received our PR cards. At the time, I was only a 14-year-old kid, and I lived with my parents. Due to personal and professional reasons, my family decided to move back only 3 months after landing in Canada. I wanted to continue my stay in Canada and become a citizen. My parents did not let me, and because of my age, I could not do anything else but move back with them. Obviously, I did not meet the RO and my card got expired in 2017. I am 22 now and I am independent of my parents. I always wanted to stay in Canada and Did not want to leave from the beginning. Is there any chance I can get a PRTD on the grounds of an H&C case? can this be a good case for the appeals court?
Do I need to hire a lawyer in Canada to litigate?

Thank you for your time

 

[Buletruck]

You could try to apply having been required to leave by your parents, but given your current age, the opportunity for H&C has diminished significantly. It’s far more favourable a result if you apply as soon as or close to 18. Again, there is little harm in trying for a PRTD on H&C grounds.

 

[Ash_7798]

You could try to apply, having been required to leave by your parents, but given your current age, the opportunity for H&C has diminished significantly. It’s far more favourable a result if you apply as soon as or close to 18. Again, there is little harm in trying for a PRTD on H&C grounds.

Thank you for your response,
The problem is that I had to attend University and educate after 18 because If I didn't, the state would've forbidden me from leaving the country. Another reason is that I had to save up and work to become financially stable to be able to travel back to Canada. Is 22 NOT a general age for becoming an adult in western countries?

 

[Buletruck]

You are considered an adult at 18 in Canada. Again, there is nothing stopping you from trying, but historically Chance grow slimmer of H&C as year progress from 18. The expectation is that you return to establish yourself as soon as possible after 18. Education and work are generally considered personal choices. They will also look at previous establishment and ties to Canada, something your original 3 months landing doesn’t provide.
Personally, I’d try, regardless, but be prepared for the worst case.

 

[scylla]

Thank you for your response,
The problem is that I had to attend University and educate after 18 because If I didn't, the state would've forbidden me from leaving the country. Another reason is that I had to save up and work to become financially stable to be able to travel back to Canada. Is 22 NOT a general age for becoming an adult in western countries?

There is no harm trying.

Two things weaken your case: (1) your family never really established themselves in Canada but instead left just a few months after landing; (2) as others have said, your age (ideally you would have applied at age 19).

But again, no harm in trying. You might get lucky and be approved.

 

[scylla]

Just to add - you don't need a lawyer to submit the PRTD under H&C. However you would want to hire a lawyer if the PRTD application is refused and you want to appeal. Good luck.

 

[Ash_7798]

You are considered an adult at 18 in Canada. Again, there is nothing stopping you from trying, but historically Chance grow slimmer of H&C as year progress from 18. The expectation is that you return to establish yourself as soon as possible after 18. Education and work are generally considered personal choices. They will also look at previous establishment and ties to Canada, something your original 3 months landing doesn’t provide.
Personally, I’d try, regardless, but be prepared for the worst case.

I really appreciate the Help.
What are the Examples of ties and establishments? I had minimal time in Canada, sadly. What are my chances in your mind? less than 30%?

 

[Buletruck]

It really is impossible to guess at the chances. It all depends on who you meet at the border or who reviews the PRTD or the appeal (if you go that route). But for the cost of a PRTD application or entry from the US border, it’s probably worth a try. I would expect your previous establishment (school, friends, club memberships, etc) to have zero positive effect given the short stay.

 

[Ash_7798]

There is no harm trying.

Two things weaken your case: (1) your family never really established themselves in Canada but instead left just a few months after landing; (2) as others have said, your age (ideally you would have applied at age 19).

But again, no harm in trying. You might get lucky and be approved.

Thanks for the reply,
Keeping in mind that I have breached the RO. If they decide to refuse my case, I will lose my PR status, right?

 

[Buletruck]

And again, don’t waste time in making an attempt. The longer you wait, the less chance of success.

 

[Buletruck]

Thanks for the reply,
Keeping in mind that I have breached the RO. If they decide to refuse my case, I will lose my PR status, right?

Ultimately, after the processes are exhausted and still negative, yes you will loose your PR status. Until then, you remain a PR whether you have a valid PR card or not.

 

[scylla]

Thanks for the reply,
Keeping in mind that I have breached the RO. If they decide to refuse my case, I will lose my PR status, right?

Yes.

 

[Ash_7798]

Thanks for all the help. God bless all of you
just a quick note, I did volunteer work in groups while in Canada and attended 2 camps in 2012. Do you believe they don't make my case stronger?

 

[scylla]

Thanks for all the help. God bless all of you
just a quick note, I did volunteer work in groups while in Canada and attended 2 camps in 2012. Do you believe they don't make my case stronger?

By all means include this in your application. Can't harm.

 

[Ah023]

Thanks for all the help. God bless all of you
just a quick note, I did volunteer work in groups while in Canada and attended 2 camps in 2012. Do you believe they don't make my case stronger?

Hey! Did you get ur PRTD accepted on H&C grounds?