Humanitarian PRTD refused left Canada as a child

[ibradjeb]

Hi, at the age of 5th, I became permanent resident of Canada in April 2003, I lived 10 months in Montreal with my parents who are also PR, I studied almost one year at preschool in Canada before my parents decided to leave Canada because my grandmother was severely ill and had hearts problems, she died in 2007.

Today I'm 28 years old, I have a diploma of Secondary School Teacher and work as a french teacher at the secondary school with 5 years of experience in teaching, and I got the maximum scores C2 at the TCF Canada french test.
I applied for a humanitarian PRTD considering the fact that it was not my decision to leave Canada at the age of 5 and even my parents were obliged to go back for taking care of my grandmother, after the age of 18 I was busy on my university studies (5 years of studies to get my teacher diploma in 2021) so until the age of 23 I was busy with my studies and I needed to work some years to get experience and money before coming back to Canada.

The visa officer refused my PRTD which IMMEDIATELY lead to the loss of my Permanent Resident status if I don't do an appeal, Despite having a lot of favorable ENF23 guide humanitarian factors.

What do you think should I appeal or its really the end of my story with Canada ?

 

[ibradjeb]

I know that some would say "WHAT 22 YEARS OF ABSENCE ?" But I don't agree with that rapid conclusion because I was 5 years old when I left Canada in 2004.

From 5yo to 23 years old I was busy with my studies and totally fiancially dependent to my parents
+
From 23yo to 28yo I needed to get teaching experience and money for my theorical return to Canada.
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ENF23 Guide humanitarian factors doesn't have an expiry date, they are timeless which the visa officer didn't saw i was really sad to notice that my PRTD was refused only... 8 days after I submitted it, it's really a rapid response because I've written 80 pages of explanation of my humanitarian case and my determination to go back to live in Canada.

 

[canuck78]

I know that some would say "WHAT 22 YEARS OF ABSENCE ?" But I don't agree with that rapid conclusion because I was 5 years old when I left Canada in 2004.

From 5yo to 23 years old I was busy with my studies and totally fiancially dependent to my parents
+
From 23yo to 28yo I needed to get teaching experience and money for my theorical return to Canada.
+
ENF23 Guide humanitarian factors doesn't have an expiry date, they are timeless which the visa officer didn't saw i was really sad to notice that my PRTD was refused only... 8 days after I submitted it, it's really a rapid response because I've written 80 pages of explanation of my humanitarian case and my determination to go back to live in Canada.

You spent 10 months as a 5 year old in Canada and want to return as a PR at 28 not 18/19. You had minimum ties to Canada and waited until you were ready to return. Losing PR is not a surprising outcome.

 

[ibradjeb]

Thanks for answering, first what kind of ties could we ask for the child I was at 5yo paying taxes ? I had my own school, my own yellow bus that waited for me at the morning, my own friends and classroom friends, my own teacher... I was fully integrated into the Canadian life for a child of my age, then... We left Canada and it wasn't my decision. I added my school photos to my PRTD demand.

Second, I asked for return at the first REALISTIC occasion, coming back at the age of 18 while I had no diploma and no funds is not a realistic occasion it would have mean staying jobless and sleeping in the streets sidewalks of Montreal and asking for social assistance, Is that a beneficial return ? If I asked for a PRTD 10 years ago, the visa officer would have declined it with the same arguments.

any humanitarian demand has its pros and cons, could the disadvantage of weak ties and long absence be sooo decisive and outrun so many positive sides like being a young teacher with 5 years of experience and secondary school diploma that can contribute the Canadian society as some Canada isolated regions and schools really need french teachers, isn't it the objective of recruiting permanent residents ? So why they refused my demand as it wasnt my decision to leave Canada as a child I feel thats unfair

 

[canuck78]

Thanks for answering, first what kind of ties could we ask for the child I was at 5yo paying taxes ? I had my own school, my own yellow bus that waited for me at the morning, my own friends and classroom friends, my own teacher... I was fully integrated into the Canadian life for a child of my age, then... We left Canada and it wasn't my decision. I added my school photos to my PRTD demand.

Second, I asked for return at the first REALISTIC occasion, coming back at the age of 18 while I had no diploma and no funds is not a realistic occasion it would have mean staying jobless and sleeping in the streets sidewalks of Montreal and asking for social assistance, Is that a beneficial return ? If I asked for a PRTD 10 years ago, the visa officer would have declined it with the same arguments.

any humanitarian demand has its pros and cons, could the disadvantage of weak ties and long absence be sooo decisive and outrun so many positive sides like being a young teacher with 5 years of experience and secondary school diploma that can contribute the Canadian society as some Canada isolated regions and schools really need french teachers, isn't it the objective of recruiting permanent residents ? So why they refused my demand as it wasnt my decision to leave Canada as a child I feel thats unfair

Being in Canada at age 5 for only 10 months does not mean you were well integrated into Canada for your childhood. You are wanting to return to Canada as a professional so you should try to apply for PR like anyone else that has decided to go to school and develop their career before wanting to immigrate to Canada. There are plenty of people in a similar situation as you who return at 18 to go to post-secondary education because their desire was to build a life in Canada but they couldn’t remain as a minor when their parents moved. If you want to immigrate I would start researching immigration pathways since you have lost your PR for valid reasons.

 

[Seym]

What do you think should I appeal or its really the end of my story with Canada ?

That's the kind of questions that you should ask an experienced immigration lawyer. If it really matters to you, spend some money to get a professional's opinion on whether an appeal has a realistic chance to succeed.

If the lawyer tells you that chances are slim or even non existant, well, refer to @canuck78 's message. Also, since you're hinting at school teachers' shortages in remote regions, l have amazing news for you, there are specific PR pathway for immigration to remote regions : https://www.canada.ca/en/immigratio...da/rural-franco-pilots/rural-immigration.html
Have a look. One of these places may be looking for teachers, else, there's always express entry. You're still young, getting PR is absolutely doable.

 

[CanGoldDigger]

28 is way too late to apply for H&C based your parents' decision to leave. You could have applied 10 years ago, That is why you were legitimately refused.

But you have a strong profile to try to apply for PR based on your own merits.

Good luck.

 

[farazafzal]

I totally hear you, but you will have to consider the following:

1- In your country the laws and requirements might be different, however in Canada "The age of majority is the age when a person is LEGALLY considered an adult. In Canada, the age of majority is 18 or 19 years old". They will not accept your personal circumstances and reasoning for not showing up early at 18 or 19 (Depending on the Province you were considering to move to).

2- Your 10 months as a child does not make you ready for H&C. However, provided you MUST have APPLIED for H&C at the age of 18 and 19 without brining your other personal circumstances in picture.

3- Your case seems to have lowest chance due to point 1 above as there is a LEGALITY of adulthood is involved.

4- Officer observes that you could have applied when you were at the legal age and no circumstances could have prevented you from applying and show up willingness.

I think as @cancuck78 said, you could apply for PR through skilled workers channel as you can secure good points for your French related skills.

Good luck!

 

[Copingwithlife]

Thanks for answering, first what kind of ties could we ask for the child I was at 5yo paying taxes ? I had my own school, my own yellow bus that waited for me at the morning, my own friends and classroom friends, my own teacher... I was fully integrated into the Canadian life for a child of my age, then... We left Canada and it wasn't my decision. I added my school photos to my PRTD demand.

Second, I asked for return at the first REALISTIC occasion, coming back at the age of 18 while I had no diploma and no funds is not a realistic occasion it would have mean staying jobless and sleeping in the streets sidewalks of Montreal and asking for social assistance, Is that a beneficial return ? If I asked for a PRTD 10 years ago, the visa officer would have declined it with the same arguments.

any humanitarian demand has its pros and cons, could the disadvantage of weak ties and long absence be sooo decisive and outrun so many positive sides like being a young teacher with 5 years of experience and secondary school diploma that can contribute the Canadian society as some Canada isolated regions and schools really need french teachers, isn't it the objective of recruiting permanent residents ? So why they refused my demand as it wasnt my decision to leave Canada as a child I feel thats unfair

You’ve got to be kidding
You were five bloody years old

 

[zardoz]

If you had applied for a PRTD at age 23, as soon as you finished graduating, and got your qualifications, I can imagine a possible acceptance of your reasoning. This might be especially true had you started that before you reached the age of 18.
However, delaying for another 5 years was probably the "kiss of death" to your application, because it indicates that you were not desperate to return to Canada.

 

[canuck78]

If you had applied for a PRTD at age 23, as soon as you finished graduating, and got your qualifications, I can imagine a possible acceptance of your reasoning. This might be especially true had you started that before you reached the age of 18.
However, delaying for another 5 years was probably the "kiss of death" to your application, because it indicates that you were not desperate to return to Canada.

These days even 23 may have been too late especially given how little time OP spent in Canada and at what age. Used to be fairly easy to get approved if you applied before the age of 25 but that changed a few years ago. Anecdotally it appears as though many more people became aware of this “loophole” so I wouldn’t be surprised if more and more people were applying which could be the reason for the change. Many applicants and their families had spent minimal time in Canada. Remember seeing so applicants that had landed with their families and left as soon as they had received their PR cards. Their families had never settled in Canada, they had never attended school in Canada, etc. and so had never established a life that they were claiming they had been removed from against their will. It appears as though some families started viewing securing PR as longterm financial plan to secure more affordable post secondary education for their children.

 

[armoured]

These days even 23 may have been too late especially given how little time OP spent in Canada and at what age. ... It appears as though some families started viewing securing PR as longterm financial plan to secure more affordable post secondary education for their children.

On the latter point, that clearly doesn't apply in all cases - including this one, where the OP completed post-secondary (and then some) - which I mention mostly to warn off anyone thinking that their post-secondary plans or completion will have much impact on IRCC decisions in such cases.

As far as we can tell: the main criteria seems to be how soon after reaching age 18 one applies, followed by 'other' such as how long in Canada, degree of attachment to Canada, how recent/age that this experience (for someone 'removed from Canada' as an infant, it's harder to argue the degree of attachment as a conscious being is strong, compared eg to someone that completed high school in Canada), and the vague aspects such as how much hardship not moving to Canada will be (probably low priority for those not strong on other points - after all, if one has lived almost all of one's childhood in a country, prima facie they're going to assume you can adjust to living there).

Therefore, fully agree with your point overall: given what appears to be the current consideration practice for such applications, I would warn ANYONE considering this to apply as soon as possible once reaching 18 years of age (for those not aware, the age at which one is generally considered a legal adult in Canada, and hence responsible).

 

[armoured]

Therefore, fully agree with your point overall: given what appears to be the current consideration practice for such applications, I would warn ANYONE considering this to apply as soon as possible once reaching 18 years of age (for those not aware, the age at which one is generally considered a legal adult in Canada, and hence responsible).

Sorry to add to my own post but left out important closing point on that and my list of 'things that count': for those who think 'well I'll just do [college / university / medschool / work experience / whatever] before returning to Canada by this route, keep in mind that this will probably NOT be considered a reason for 'humanitarian and compassionate consideration.' And it could be decisive in leading to a rejection of the PRTD/H&C request.

If you are so attached and comfortable in your non-Canada residence that you wish to complete education (or whatever) before returning to Canada, it cuts completely against the H&C considerations for 'removed as minor' (that it is somehow against your will to leave) and 'hardship outside of Canada.' (Let alone the most obvious, that it ends up being several years AFTER becoming an adult legally).

And yes, I'm aware sometimes schools outside Canada are less expensive or easier to get into or even just plain better. You can make that choice, and it may even be a rational one - but it could undermine any chances of keeping PR status. If you're not prioritising returning to Canada/remaining a PR at that point, you've pretty much informed them that it's not a priority and your H&C arguments will look weak.