H&C PRTD of Minor to Join Undergraduate course:

[ranism]

My case related summary point is as follows :
1) My Parents were on Work permit visa for couple of years in Canada and before 3 months of my Birth they left to Canada after application of PR under Canadian Experience class.
2) I was born in other country and soon family received PR approval and relocated to Canada. I stayed in Canada during my 2nd and 3rd year of age with family. Not visited to Canada thereafter.
3) PRTD was applied by family but declined in First quarter of 2024 for me as a minor and parents on ground that RO not complied in last 5 years. IAD Appeal was filed on H&C ground but declined. PRTD was given to my sibling applicant, turned 18 that time and had applied to Canadian University and now domestic student there.
4) As per IAD judgement (i) My current best interest quoted to remain with parents. (ii) Overall, the reasons for remaining abroad and attempts to return to Canada are quoted as neutral for me as a minor (iii) As per Judge, "The Appellant was a minor at the time the family left Canada and therefore cannot be held responsible for the decision to leave Canada and not return until she becomes an adult. As a result, these two factors are considered neutral for her".
5) I am 16 and need to apply for admission in Canadian Universities next year for 2027 academic session when I will be 18. Can I reapply for PRTD as per IAD judgement to avail benefit to get PR restore status from minor to age of 18 with a clear career path and application submission as Domestic student? Please advise on all the aspects in compliance of law.
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[Naturgrl]

Get an immigration lawyer in Canada for consultation. If you filed for PRTD and were declined didn't you lose PR. You say you lost IAD appeal. If you didn't lose PR then apply for PRTD and wait for a response.

 

[ranism]

Get an immigration lawyer in Canada for consultation. If you filed for PRTD and were declined didn't you lose PR. You say you lost IAD appeal. If you didn't lose PR then apply for PRTD and wait for a response.

Thanks for the quick advise. Principal applicant of PRTD was parents and presented on behalf of me in IAD Appeal as guardian of minor and that decision was declined on H&C ground for Residency Obligaton. I've approached to IAD team subsequently and received response to consult for legal opinion to apply with IRCC. Based on decision seen in prior cases on https://www.canlii.org/ ,Minor can reapply for PRTD with chance to reconsider by IRCC or IAD (if appeal is require again) around age of 18 so in that hope, I am requesting for clarity and guidance.

 

[armoured]

Thanks for the quick advise. Principal applicant of PRTD was parents and presented on behalf of me in IAD Appeal as guardian of minor and that decision was declined on H&C ground for Residency Obligaton. I've approached to IAD team subsequently and received response to consult for legal opinion to apply with IRCC. Based on decision seen in prior cases on https://www.canlii.org/ ,Minor can reapply for PRTD with chance to reconsider by IRCC or IAD (if appeal is require again) around age of 18 so in that hope, I am requesting for clarity and guidance.

The clarity and guidance is to get legal advice - this is a not common situation. You seem to have done some research but it's unfortunately not always the case that all similar files get disposed of in the same way.

My own word of caution is that applying /while still a minor/ turns out to have been the cause of you potentially losing PR status permanently. So in this instance it may be advisable to NOT apply before you actually turn 18 (but to do so as soon as practical after that). This may not fit perfectly with your study plans.

Note of course that you were only in Canada at a very young age, and you may encounter some skepticism about depth of ties to Canada and whether this doesn't represent primarily a desire to get Canadian university tuition at domestic rates. I'm not commenting on that - just noting it's not necessarily the strongest case (and somewhat different than your sibling's).

 

[ranism]

The clarity and guidance is to get legal advice - this is a not common situation. You seem to have done some research but it's unfortunately not always the case that all similar files get disposed of in the same way.

My own word of caution is that applying /while still a minor/ turns out to have been the cause of you potentially losing PR status permanently. So in this instance it may be advisable to NOT apply before you actually turn 18 (but to do so as soon as practical after that). This may not fit perfectly with your study plans.

Note of course that you were only in Canada at a very young age, and you may encounter some skepticism about depth of ties to Canada and whether this doesn't represent primarily a desire to get Canadian university tuition at domestic rates. I'm not commenting on that - just noting it's not necessarily the strongest case (and somewhat different than your sibling's).

Thank you for valuable advise. Kindly confirm while loosing IAD case by parents and for my file, whether as a minor I have also lost PR status or with soft opinion part in judgement for minor, I can reapply for PRTD while close to age of 18? Yes, rightely observed, sibling had studied in elementary school of Canada so that might be favourable point in that case.