. . . I was immigrated to Canada and landed in 1994 when I was 10 years old, my dad later diagnosed with cancer, so we return to Hong Kong . . . I did not fulfill RO at the duration in Canada, my last present in Canada was in 2004, then return to HK . . . I applied the PRTD based on H&C, and it's been rejected, and I'm now filing the appeal. I plan to establish links here in Canada during the time to wait for appeal, like finding job and rent a place to live, etc.
Questions as below
- Is the chance getting the 1yr PR card for me to attend the appeal high in my case?
- my children are not PR, they are very young, in case I could return to Canada, they will accompany me as Visitor, the problem is can I extend their visitor visa to 2 years? (in case waiting for appeal takes up to 1-2 years) This is the biggest concern to me.
- do you think I have a big chance to win the appeal if I establish as much link here in Canada as possible during the time to wait for the appeal?
Yes...I know my chance is really low, and the H&C is based on what is happening now in Hong Kong, don’t know if you guys are aware with the condition now in HK, the horrible police brutality is harming not only protestors but citizens that walk by the scene that were not blocked, I was trying my luck to see if I could go back to Canada for good.
Just wondering, if they really will issue 1yr PR card to me, does it mean I have better chance to win the appeal?
As others have observed, with some emphasis, it appears your chances of keeping Canadian PR status range from very poor to virtually NO chance. Indeed, the formal decision terminating your PR status has already been made, in that your PR TD application was denied.
You have a right of appeal, of course, and it appears you intend to pursue an appeal. To keep your PR status you will need to win the appeal, thus in effect persuading the IAD to overrule or set aside the decision terminating your PR status. Since that decision was clearly valid in law (you failed to meet the RO), your only chance to win depends on making a strong H&C case (to be addressed more in a separate post).
While an appeal is still pending you continue to have PR status. You continue to be a Canadian. That means you have most (not all) the rights and privileges any and every other PR has. Including the right to enter Canada, and stay and work in Canada.
Thus, if you are able to travel to Canada so as to arrive at a PoE into Canada, you should be and most likely will be allowed to enter Canada, and then you can stay and work . . . BUT ONLY UNTIL THE APPEAL IS DECIDED, and after that ONLY IF YOU WIN the APPEAL.
Note: while PR TD appeals may take one to two years, there is no guarantee it will take that long. Some only take six to ten months. There is a significant probability you will not have much of an opportunity, time wise, to actually establish a life in Canada before the appeal is heard and decided.
AND AGAIN, as others observe, ODDS of WINNING the APPEAL ARE LOW, VERY LOW, and probably so low as to virtually be NO chance at all. And they will still be low, very low, even if you are able to come and stay in Canada pending the IAD hearing.
Leading to your particular questions:
Q 1. Is the chance getting the 1yr PR card for me to attend the appeal high in my case?
My sense is you are asking the wrong question. You do not need a PR card to attend the appeal or to otherwise come and stay in Canada pending the appeal. Moreover, to qualify for a PR card the application for any PR card must be made IN Canada. So to obtain a one year PR card you will need to first come to Canada.
What I apprehend your question is really about is whether your can obtain the special PR Travel Document which allows a PR to return to Canada pending the appeal. PRs who can show they have been physically IN Canada within the previous year will usually be issued the special PR TD (upon application). PRs who have NOT been IN Canada for more than a year will ordinarily NOT be issued such a PR TD (though some might) and my sense is you have very little chance of being issued such a PR TD.
Which means you cannot board a flight to Canada.
Thus, the problem most PRs abroad have in your situation is HOW TO ACTUALLY GET TO CANADA. But if you can travel to Canada otherwise, such as by traveling via the U.S., and you have an appeal pending, as a Canadian PR you are entitled to almost all the privileges any PR has, including in particular the privilege of entering Canada and staying and working in Canada UNTIL the appeal is concluded.
Once in Canada you could apply for and be issued a one-year PR card. Maybe. But that has relatively little significance. You can stay, with or without a one-year PR card, and if you are able to come and stay that will SLIGHTLY improve your chances of winning the appeal; the only advantage a one-year card will give you is that having the card would allow you to travel abroad and back to Canada.
Q 2. my children are not PR, they are very young, in case I could return to Canada, they will accompany me as Visitor, the problem is can I extend their visitor visa to 2 years? (in case waiting for appeal takes up to 1-2 years) This is the biggest concern to me.
If this is your biggest concern, this reinforces the prudence of what others suggest, which is to start over and apply anew. Of course this option is viable only if you are eligible for PR and thus may be a rather limited option.
The problem is NOT merely being able to extend their visitor status, but getting visitor visas at all.
This is particularly problematic since, as you apprehend, whatever slim (very slim) chance you have to win the appeal, that small chance probably depends some on you being able to come to Canada, and then staying in Canada pending the appeal, including settling in Canada pending the appeal. If doing that without your family is NOT an option, the odds are that this alone could stymie your efforts to pursue the appeal from within Canada.
That said, if your family members are given visitor status and then they are with you IN Canada, my sense is that they would be allowed to extend their status as long as your appeal is still pending.
Q 3. do you think I have a big chance to win the appeal if I establish as much link here in Canada as possible during the time to wait for the appeal?
This one is easy to answer:
NO.
And to the extent others here have expressed a similar view, I concur.
If you are able to come to Canada, and settle and stay pending the appeal, that will be a positive H&C factor BUT given the extent of your absence from Canada, NO, this is not likely to carry much weight and almost certainly will NOT convert a very poor chance into even a moderately good chance let alone a "big chance."
In other words, to actually come to Canada (such as via the U.S.) will be a big gamble with low odds of success.
THE H&C CASE ITSELF:
Based on what you report here, it demands emphasizing you do NOT have much chance to win an appeal based on H&C factors. Coming to Canada and staying IN Canada pending the appeal is NOT likely to help much. Some, yes. But it is NOT likely this will come anywhere near close to changing the outcome.
In this regard it is worth noting that most of the circumstances you describe, including in effect being removed as a minor, and the respective reasons why your parents and you remained abroad, are similarly factors which might carry some positive weight BUT THAT IS LIKELY OUTWEIGHED, BY A LOT, GIVEN THE OVERALL LENGTH OF THE ABSENCE and, IN PARTICULAR, HOW LONG IT HAS BEEN SINCE YOU WERE LAST IN CANADA.
I do NOT know how much weight might be given claims of hardship or danger, based on current conditions in HK, but I suspect these will NOT be given anywhere near enough weight to tip the scales toward allowing relief . . . albeit this could change depending on what happens in HK between now and when the IAD hearing takes place. (Note: I strongly disagree with the view that such a factor is not relevant; on the contrary, potential hardship and especially danger in the PR's home country is explicitly an important H&C factor. This will be the subject of a separate post.)
I especially concur in the response by
@Bs65 . . . that response appears to more or less fully cover your situation . . .
. . . even if I am hesitant to judge that any H&C based appeal has a zero chance, some cases, including yours, appear to have such poor odds I understand why many will say there is (at least practically) a zero chance.
BUT there have been some other comments above which are erroneous or at least call for some clarification. Especially for any other PRs reading this topic for information potentially relevant to their situations.
So I will follow this post with another addressing those . . . the important thing to recognize and remember is that even though I disagree with some of the particular observations made about H&C cases, I agree with the overall consensus here, that
YOUR chances of keeping PR status are remote at best.
