H&C grounds PRTD app- odd case?

[sohereiam]

Hello everyone.

My mom is applying for PR by PGP and IRCC sent a letter saying that she might already be a PR. They say that she has to apply for PRTD and wait for a final decisión on my mother's case in order to continue with the PGP process. I understand that she does not meet the requirements and obligations but what about PRTD with H&C grounds?

Background:

- Mother immigrated to Canada with husband and one child in the 70's
- They lived in Canada for almost 20 years. Had 2 more children(canadian)
- Father became a citizen in the 80's never wanted mother to apply for citizenship.
- In the early 90s the family went back to their home country.
- Mother receives canada pension.
- In 2019 they divorced.
- In 2021 father passed away.
- All children are canadian citizens and living in Canada.

Since I believe that PRTD with H&C takes less time to process than a PR application with H&C... should she give it a try? Any chance?

Thanks

 

[scylla]

Hello everyone.

My mom is applying for PR by PGP and IRCC sent a letter saying that she might already be a PR. They say that she has to apply for PRTD and wait for a final decisión on my mother's case in order to continue with the PGP process. I understand that she does not meet the requirements and obligations but what about PRTD with H&C grounds?

Background:

- Mother immigrated to Canada with husband and one child in the 70's
- They lived in Canada for almost 20 years. Had 2 more children(canadian)
- Father became a citizen in the 80's never wanted mother to apply for citizenship.
- In the early 90s the family went back to their home country.
- Mother receives canada pension.
- In 2019 they divorced.
- In 2021 father passed away.
- All children are canadian citizens and living in Canada.

Since I believe that PRTD with H&C takes less time to process than a PR application with H&C... should she give it a try? Any chance?

Thanks

There's always some chance of approval. I think what works in her favour is the fact that all of her kids are Canadian and living in Canada. The fact she returned to her home country in the early 90s works against her. Has she visited Canada at all since then? I would follow IRCC's instructions and try for the PRTD under H&C.

 

[Ponga]

Hello everyone.

My mom is applying for PR by PGP and IRCC sent a letter saying that she might already be a PR. They say that she has to apply for PRTD and wait for a final decisión on my mother's case in order to continue with the PGP process. I understand that she does not meet the requirements and obligations but what about PRTD with H&C grounds?

Background:

- Mother immigrated to Canada with husband and one child in the 70's
- They lived in Canada for almost 20 years. Had 2 more children(canadian)
- Father became a citizen in the 80's never wanted mother to apply for citizenship.
- In the early 90s the family went back to their home country.
- Mother receives canada pension.
- In 2019 they divorced.
- In 2021 father passed away.
- All children are canadian citizens and living in Canada.

Since I believe that PRTD with H&C takes less time to process than a PR application with H&C... should she give it a try? Any chance?

Thanks

Your mother is still a PR, even though she has not met the Residency Obligation.

Not sure about the "Father became a citizen in the 80's and never wanted mother to apply for citizenship" part. Depending on whatever additional information she has, her H&C grounds for PRTD may not be enough.

Good luck!

 

[sohereiam]

There's always some chance of approval. I think what works in her favour is the fact that all of her kids are Canadian and living in Canada. The fact she returned to her home country in the early 90s works against her. Has she visited Canada at all since then? I would follow IRCC's instructions and try for the PRTD under H&C.

Yes. for a month acompanining husband (2010) and three weeks as a tourist (2016).

Your mother is still a PR, even though she has not met the Residency Obligation.

Not sure about the "Father became a citizen in the 80's and never wanted mother to apply for citizenship" part. Depending on whatever additional information she has, her H&C grounds for PRTD may not be enough.

Good luck!

Yeah. Also I dont know if it is a good idea to delay the PGP process.

 

[YVR123]

Yes. for a month acompanining husband (2010) and three weeks as a tourist (2016).




Yeah. Also I dont know if it is a good idea to delay the PGP process.

Talking about accompanying...

She still met her RO up till recently if you count time accompanying her husband until her divoice in 2019.
Counting back 5 years from today, her time spent outside in 2019 and 2018 could still counted towards her RO...
Only if she came back a year or so earlier...

 

[Buletruck]

Yes. for a month acompanining husband (2010) and three weeks as a tourist (2016).




Yeah. Also I dont know if it is a good idea to delay the PGP process.

She doesn't qualify for PGP....she's already a PR.

 

[armoured]

Since I believe that PRTD with H&C takes less time to process than a PR application with H&C... should she give it a try? Any chance?

Since your mother is still a PR, if she can enter the USA, she could travel to land border and will be admitted there. She may be issued report for non-compliance (read other threads on this process), but she'd be allowed to remain in the interim (while appealing).

This can be an issue for health coverage (insurance needed!) and other aspects, but may be worth looking into in her specific case.

There are many downsides to this such as not being a good idea to travel until bavck in compliance, so I'm not saying 'recommend' - just that it may be an option.

 

[canuck78]

Your only options are to renounce PR, try to apply for a PRTD or enter via the US with the hope of not being reported and live without access to provincial healthcare for around2.5 years until she has a valid PR card in most provinces. You parents divorced in 2019 but when did they separate and stop living together?

 

[sohereiam]

if for any reason they give her a PRTD under Humanitarian grounds, she becomes PR again immediately? She could still be refused as a PR?

Thanks

 

[scylla]

if for any reason they give her a PRTD under Humanitarian grounds, she becomes PR again immediately? She could still be refused as a PR?

Thanks

She never lost PR status. She is still a PR now.

If the PRTD is approved under H&C, this allows her to travel to Canada as a PR (it does not make her a PR again immediately since she never lost PR status). Once she arrives in Canada, she can apply for a new PR card right away. She needs to then be careful to meet the residency obligation going forward.

 

[sohereiam]

She never lost PR status. She is still a PR now.

If the PRTD is approved under H&C, this allows her to travel to Canada as a PR (it does not make her a PR again immediately since she never lost PR status). Once she arrives in Canada, she can apply for a new PR card right away. She needs to then be careful to meet the residency obligation going forward.

I have been looking at some other threads and some say that when you get an PRTD with H&C is important to stay in Canada for min 2 years before leaving. Is this true? ty

 

[YVR123]

I have been looking at some other threads and some say that when you get an PRTD with H&C is important to stay in Canada for min 2 years before leaving. Is this true? ty

YES. If she get PRTD with H&C, she should stay till she meet RO this time.

 

[scylla]

I have been looking at some other threads and some say that when you get an PRTD with H&C is important to stay in Canada for min 2 years before leaving. Is this true? ty

Yes, I would agree with that. She can apply for a new PR card immediately. However she will still technically be out of compliance with the residency requirement and will want to remain in Canada for 2 years straight so that she meets RO again. Otherwise her PR status won't be fully safe and she could run into problems again. Basically the PRTD under H&C gives her a one time opportunity to return to Canada without meeting RO but this doesn't really help her going forward. Going forward, she needs to meet RO.