Minor residency appeal

[amr95]

Hello

I read several stories about this forum about minors who were removed by their parents but were able to keep their PR based on H and C grounds.

I was wondering how realistic would it be to count on that ? I'm asking because a qualified immigration attorney strongly warned me against that and refused to take my case

I'm in pretty much a similar situation except for the fact that I had to leave because my mother was my only guardian. My father died when I was 6 years old.

So I was wondering if such appeals are automatically allowed or does it depend on the judges ?

Thanks

 

[dpenabill]

Hello

I read several stories about this forum about minors who were removed by their parents but were able to keep their PR based on H and C grounds.

I was wondering how realistic would it be to count on that ? I'm asking because a qualified immigration attorney strongly warned me against that and refused to take my case

I'm in pretty much a similar situation except for the fact that I had to leave because my mother was my only guardian. My father died when I was 6 years old.

So I was wondering if such appeals are automatically allowed or does it depend on the judges ?

Thanks

H&C cases are never automatic. They are, by their nature, an exception, an exception based on compelling humane and compassionate grounds.

They are very dependent on the particular facts, all the circumstances, in the individual case.

So the outcome will vary greatly from one person to the next, even though some of the key factors are largely the same.

Thus, for example, while for minors one of the biggest factors is how soon they made the effort to return to Canada, that is not the only factor. A minor who makes the effort to return to Canada the day after his or her 18th birthday may be denied H&C relief while another who did not make the effort until he or she was 19 might be allowed H&C relief. It will depend on all the other circumstances, other factors, for the individual involved.

For example, it may make a difference what other ties, or roots in Canada, the minor has. How long the minor lived in Canada before being taken abroad. The minor's ties or circumstances where they have lived abroad. Among other factors.

A lawyer's opinion is worth a lot, worth paying attention to. That said, obtaining a second lawyer's opinion will only cost you the price of a consultation. Then you can compare their opinions, compare their reasons, and go from there.

 

[Leon]

You don't need a lawyer. You can apply for a travel document on your own. State your history, why you had to leave with your mother at age 6 and that you now wish to return, first chance possible as an adult.

Some people have been granted travel documents for example if they chose to complete studies outside Canada but the younger you are when you apply, the better.

OP10 (operational manual 10) still says one of the factors to weigh and consider is that you are under 22 or returning at the earliest opportunity after turning 22:

14.1. Examples of factors to weigh and consider

The extent of the non-compliance:
 How long beyond three years in the last five-year period was the person outside of Canada?
 Was the person employed outside Canada by other than a "Canadian business" as
described in the Regulations? If so, why and for what length of time?
 Was the person outside of Canada for more than three years in the last five-year period
because of a medical condition or the medical condition of a close family member?
 Could alternative arrangements have been made or was it the applicant’s choice to remain
outside Canada?

Circumstances beyond the person’s control:
 Are the circumstances that led to the person’s remaining outside of Canada compelling and
beyond their control?
 Was the person prevented from returning to Canada? Why? By whom or by what event?
 Are they now returning to Canada at the earliest possible opportunity?
 Did the person leave Canada as a child accompanying a parent?
 Are they now over 22 years of age and are returning at the earliest opportunity since
becoming 22 years of age?
 Is the person over 22 years of age dependent on the parent they are accompanying because
of a mental or physical disability?

Establishment outside Canada:
 Is the person a citizen or permanent resident of a country other than Canada?
 Has the person taken steps to establish permanently in a country other than Canada?
 To what degree has the person established in Canada?
 What linkages has the person maintained to Canada?

This will likely at some point be changed to 19 because earlier this year, immigration changed the age of what they consider to be depended children from under 22 to under 19.

However, you have the right to apply. State that you were removed as a minor by a parent and that you now wish to return and settle in Canada.

 

[scylla]

You don't need a lawyer. You can apply for a travel document on your own. State your history, why you had to leave with your mother at age 6 and that you now wish to return, first chance possible as an adult.

I believe the OP is already in Canada and therefore can't apply for a TD.

 

[Leon]

I believe the OP is already in Canada and therefore can't apply for a TD.

In that case, wait until he has two years and then apply to renew the PR card.

Trying to apply to renew the PR card based on H&C grounds will likely take so long that he would be better off waiting until he has his 2 years.

 

[eileenf]

Hello

I read several stories about this forum about minors who were removed by their parents but were able to keep their PR based on H and C grounds.

Are you currently in Canada? What is your status here? If you are overseas with your mother, does she have Canadian citizenship? How old are you now?

Finally, I'm sorry to hear about your father.

Good luck going forward.

 

[jan01]

Minor residency

HI ALL

if any body can help.
my citizen application under process and i am going to applying for PR Card renewal soon.
and i want to apply PR card renewal of my 2 sons with me.
the problem is that they stay here in Canada less then two years(almost a year).
now they are in Canada and want to stay here permanently.
it's ok to apply there PR renewal with me.
thanks

 

[amr95]

Thank you for all the replies.

So if I apply for PR renewal which will obviously be rejected and then appeal. Is it likely to take more than 2 years for a decision ?

 

[Leon]

Thank you for all the replies.

So if I apply for PR renewal which will obviously be rejected and then appeal. Is it likely to take more than 2 years for a decision ?

It could take 1-2 years for an appeal and you could lose while if you stay in Canada and don't apply, you don't risk losing your PR, you can simply renew your PR card when you meet the RO again.