How should I present documents for Humanitarian and compassionate grounds to get my PRTD approved

[Asher Matthew]

My parents removed me from Canada after we got our PR and stayed one year.
I was 8 and I didn't get to choose.
Now that I am almost 18 they allowed me to return to Canada.
I have not fulfilled the Residency Obligations since I only stayed for 398 days in Canada.
I am trying to request Humanitarian and compassionate grounds being removed as a minor and trying to return as early as possible. I can also say that I was accompanying a PR being my mother outside of Canada. How sould I present data and necessary documents to get recognition as a valid case of H&C?
Please help me.
Asher Matthew

 

[vensak]

In your case is very easy. You will just simply state, that you were removed from Canada and you want to return now (obviously as a minor you could not decide where will you go and you had to follow your parents).

 

[rish888]

In your case is very easy. You will just simply state, that you were removed from Canada and you want to return now (obviously as a minor you could not decide where will you go and you had to follow your parents).

Off late not as clear cut as it used to be. There is a real possibility that the PRTD application may be denied. The odds a high no doubt, but it's far from a guarantee.

My recommendation to the OP is go via the U.S. Canada land border. Just a little while ago another member on this forum went through that route and was successful.

 

[vensak]

Off late not as clear cut as it used to be. There is a real possibility that the PRTD application may be denied. The odds a high no doubt, but it's far from a guarantee.

My recommendation to the OP is go via the U.S. Canada land border. Just a little while ago another member on this forum went through that route and was successful.

From what I have seen, most of the problematic cases were minors, that remembered way to late that they want to come back to Canada. However in his case, he is just about to turn 18, which is ideal case to ask for PRTD.

 

[canuck78]

Think they are getting many similar requests from minor PR who were removed and families are using the PRTD as a longterm plan. Someone posted a case recently from Canli where I believe the applicant was in a similar situation but was refused. Given the OP has spent the majority of his life outside Canada and has not been in Canada for 10 years there would be a bigger adjustment returning to Canada then staying in their home country. Of course you can apply and you may be approved. The situation would be a bit different if OP had been removed at age 16 after completing the majority of their studies in Canada. As more people exploit the loophole I believe they will start looking carefully at the length of time spent in Canada and the age the child at removal time.

 

[rish888]

Ultimately, getting a PRTD on H&C grounds depends solely on the discretion of the reviewing officer.

In my view one is more likely to encounter discretion at a land POE than at a visa office. Virtually all IAD appeals from people removed as minors stem from a PRTD denial, not a Departure Order.

Another kinda repeating pattern I've seen is that the IAD is more likely to grant an appeal to a person who has very few ties to their home country (say lived in a third country on a temporary basis during their entire childhood) compared to a person who returned to their home country and established solid roots there.

 

[zardoz]

My parents removed me from Canada after we got our PR and stayed one year.
I was 8 and I didn't get to choose.
Now that I am almost 18 they allowed me to return to Canada.
I have not fulfilled the Residency Obligations since I only stayed for 398 days in Canada.
I am trying to request Humanitarian and compassionate grounds being removed as a minor and trying to return as early as possible. I can also say that I was accompanying a PR being my mother outside of Canada. How sould I present data and necessary documents to get recognition as a valid case of H&C?
Please help me.
Asher Matthew

Just as an extra point to consider, your Residency Obligation calculation is done exclusively considering the previous 5 year period. So, in actual fact, you have zero days of physical presence compliance, not 398.