Help! Seniors! Expired PR apply for PRTD

[lucymini]

Dear Seniors,

I really need your generous help! The timeline of my case is:

Apr 2007 – landed for 2 weeks then left Canada
Apr 2011- my mother was sick
Apr 2012 – PR card expired

We want to come back to Canada, we are thinking of applying the PRTD with H&C, do you think it is possible?　Any alternatives? Since we have a baby born in Hong Kong without PR, we worried that crossing the border in US is too risky for us.

Thanks a lot!

Lucy

 

[canuck78]

You can always try but there is almost no chance of success. You have only done a quick short landing in Canada and your mother\s illness only started in 2011 so by then you had already not met your RO. If you qualify I would renounce your PR and apply again.

 

[steaky]

Any chance your spouse is Canadian citizen and you accompany during the time? If so, the child might be Canadian by decent and your Ro will be maintained.

 

[Rob_TO]

Dear Seniors,

I really need your generous help! The timeline of my case is:

Apr 2007 – landed for 2 weeks then left Canada
Apr 2011- my mother was sick
Apr 2012 – PR card expired

We want to come back to Canada, we are thinking of applying the PRTD with H&C, do you think it is possible?　Any alternatives? Since we have a baby born in Hong Kong without PR, we worried that crossing the border in US is too risky for us.

Thanks a lot!

Lucy

Based on the info you've provided, I would guess a slim to none chance to keep PR status.
If you don't want to try to sneak into Canada via USA land border, then applying for PR TD is your only option.

 

[lucymini]

We don't have any excuse for not meeting the RO (just the illness of my mother in 2011). If sneaking into Canada via USA is the only possible way we can try, I would like to ask for some more details.

1) Can I just show the officer my Hong Kong passport without letting them know my expired PR status?
2) If I can come successfully (with HK passport or expired PR card), we would like to go Vancouver, can we apply for SIN and health card right after we arrive? Or we need to wait for 2 years?
3) If we are reported, we can stay enter Canada as visitors, then can we apply for study visa during the 6 months? Or we need to apply study visa in Hong Kong?

Thank you so much for your help!

 

[rish888]

We don't have any excuse for not meeting the RO (just the illness of my mother in 2011). If sneaking into Canada via USA is the only possible way we can try, I would like to ask for some more details.

1) Can I just show the officer my Hong Kong passport without letting them know my expired PR status?
2) If I can come successfully (with HK passport or expired PR card), we would like to go Vancouver, can we apply for SIN and health card right after we arrive? Or we need to wait for 2 years?
3) If we are reported, we can stay enter Canada as visitors, then can we apply for study visa during the 6 months? Or we need to apply study visa in Hong Kong?

Thank you so much for your help!

1) You can try. If questioned about your status, you need to say you are a PR. But even with a HK passport you can't go by flight, you still need to use the land border.

2) You can't get a SIN anywhere in Canada with an expired PR card. Did you not get a SIN the first time you came? In other Canadian provinces you can get a health card with your landing papers or in Toronto even with an expired PR card, but not in Vancouver, as they need a valid PR card and don't accept landing papers.

Note: Without a SIN you cannot work.

3) If you are reported you still enter Canada as a permanent resident, not as a visitor. (but you need to appeal the report or leave within 30 days.)

The only way you can enter as a visitor is by renouncing your PR status at the border then seeking entry as a visitor. If you want to remain in Canada on a study permit then you need to file an application for a study permit through the Canadian consulate in Los Angeles. (you can send the application by post.) There is no need to leave Canada for this, but of course to get a study permit you need admission in a university.

 

[7890033455]

Hello Lucy,

Your case is similar to my case. I have applied PRTD with H & C on 18th Oct 2017 and after 3 months I have got my Passport. It was rejected.
There is one option to appeal within 60 days.

Can anyone guide me the following points:
1. What is the probability of win the case once I appeal as they have already rejected PRTD on HC ground
2. What ground I have to write in appeal ? same which was mentioned to apply in PRTD or different ?
3. What is the tentative timeline to complete the appeal.
4. Where I have to send the

Thanks

 

[scylla]

Hello Lucy,

Your case is similar to my case. I have applied PRTD with H & C on 18th Oct 2017 and after 3 months I have got my Passport. It was rejected.
There is one option to appeal within 60 days.

Can anyone guide me the following points:
1. What is the probability of win the case once I appeal as they have already rejected PRTD on HC ground
2. What ground I have to write in appeal ? same which was mentioned to apply in PRTD or different ?
3. What is the tentative timeline to complete the appeal.
4. Where I have to send the

Thanks

The probability of winning the appeal generally depends on your hardship reasons. What were your reasons for failing to meet RO? If they were financial / education / employment related - the appeal has a low chance of succeeding.

 

[7890033455]

The probability of winning the appeal generally depends on your hardship reasons. What were your reasons for failing to meet RO? If they were financial / education / employment related - the appeal has a low chance of succeeding.

Thanks Scylla for prompt reply.
Yes my hardship was Financial but there were other reason as well. But I have mentioned as Financial only. So can I mentioned all those hardship in the appeal?
My last residence was in Gatinue in Quebec so where I have to submit the IRB CISR 665 form?

 

[rish888]

Send it to the Eastern office. (Quebec)

Appeals are tricky, I would get a lawyer as soon as possible. Alternatively, if you still qualify for immigration under one of the economic/family streams then you can just let the 60 days pass and apply for PR again.

 

[7890033455]

Send it to the Eastern office. (Quebec)

Appeals are tricky, I would get a lawyer as soon as possible. Alternatively, if you still qualify for immigration under one of the economic/family streams then you can just let the 60 days pass and apply for PR again.

Can you please share me the details of Lawyer. Not qualify for immigration because of my age.

 

[zardoz]

You mentioned that you have a non-PR baby. That considerably complicates matters as that child will require a visa to come with you. This will also expose your Residency Obligation to scrutiny, albeit indirectly. It's also likely to be denied.

It might be better if only one of you parents returns, sneaking over the border, and after coming back into compliance with the RO, applies to (re) sponsor both the other parent and the new child. Just a suggestion...

 

[lucymini]

You mentioned that you have a non-PR baby. That considerably complicates matters as that child will require a visa to come with you. This will also expose your Residency Obligation to scrutiny, albeit indirectly. It's also likely to be denied.

It might be better if only one of you parents returns, sneaking over the border, and after coming back into compliance with the RO, applies to (re) sponsor both the other parent and the new child. Just a suggestion...

how about if my mother can bring my son to enter Canada (both are visitors), then we apply study visa for my son?

 

[scylla]

how about if my mother can bring my son to enter Canada (both are visitors), then we apply study visa for my son?

Your son will need to get a TRV first. For the study permit to be approved, you'll need to show that you have a bank balance of at least $15K (he'll be treated as an international student and will have to pay approximately $15K per year to attend public school).

 

[rish888]

Your son will need to get a TRV first. For the study permit to be approved, you'll need to show that you have a bank balance of at least $15K (he'll be treated as an international student and will have to pay approximately $15K per year to attend public school).

I believe the son is a HK citizen, so an eTA should suffice.

The OP could have her mother bring the kid and then get an inland study permit, but as you said she would need to pay intl fees for the kid.

Other than the cost aspect for school it seems like a decent plan to me.