Minor who lost PR status because of parent's decisions.

[Leon]

If I am refused a TD, is it worth making an appeal?
When applying for TD should I provide evidence of my abusive situation in my home country?

Yes, I think if you are refused, you should try to appeal. Minor removed from Canada by parents is one of the cases that has a pretty strong likelihood of being approved. You can also mention the abusive situation. It might help.

In case my PR is cancelled what path should I take to live in Canada after studying there as a student?
If it is refused are there any other worthwhile countries with a culture similar to Canada worth immigrating to?

You could take a 2 year course, graduate, get a post-grad work permit, work for one year in a skilled position and then apply for PR again under Canadian experience class. I do not know what other countries you might want to move to.

 

[PrincessLuna]

I've read that some people enter US with a tourist visa, then cross the border claiming they have no PR card and show the record of landing and are allowed into Canada. They then stay for 2 years and apply for a new PR card in Canada.

Does this method work and is it safer than asking for a TD?

I can't drive, so would it be possible to take a taxi or something to Canada?

 

[Leon]

I've read that some people enter US with a tourist visa, then cross the border claiming they have no PR card and show the record of landing and are allowed into Canada. They then stay for 2 years and apply for a new PR card in Canada.

Does this method work and is it safer than asking for a TD?

I can't drive, so would it be possible to take a taxi or something to Canada?

Technically you don't need a PR card to enter on the land border so if you can get a US visa, you can travel to for example Niagara Falls and cross over to Canada on foot. Then it is up to the immigration officers what they decide to do. They will let you enter Canada but they could decide to report you for not meeting the residency requirements.

If you get reported, you would have to appeal for your PR. If you do not appeal for your PR, you will lose it and be asked to leave. If you appeal, you probably have the same chance has you would have had with a travel document. You say you were removed from Canada as a minor child and now you are returning. You would have a pretty good chance of keeping your PR.

If you do not get reported, you simply enter Canada and stay for two full years without leaving and then you meet the residency requirements and can apply for a PR card. However, it is possible that you will encounter some problems staying in Canada for two years without a PR card. I have heard that for students it can be tricky to be without one. There is no law that says you must have a PR card when you are inside Canada but it is still possible that your university, the health care etc. will ask for one. If they do, you should just say that you became a PR before they started with the cards and that you never had one and offer to show them your ID and landing papers.

 

[PrincessLuna]

Technically you don't need a PR card to enter on the land border so if you can get a US visa, you can travel to for example Niagara Falls and cross over to Canada on foot. Then it is up to the immigration officers what they decide to do. They will let you enter Canada but they could decide to report you for not meeting the residency requirements.

If you get reported, you would have to appeal for your PR. If you do not appeal for your PR, you will lose it and be asked to leave. If you appeal, you probably have the same chance has you would have had with a travel document. You say you were removed from Canada as a minor child and now you are returning. You would have a pretty good chance of keeping your PR.

If you do not get reported, you simply enter Canada and stay for two full years without leaving and then you meet the residency requirements and can apply for a PR card. However, it is possible that you will encounter some problems staying in Canada for two years without a PR card. I have heard that for students it can be tricky to be without one. There is no law that says you must have a PR card when you are inside Canada but it is still possible that your university, the health care etc. will ask for one. If they do, you should just say that you became a PR before they started with the cards and that you never had one and offer to show them your ID and landing papers.

That is good to know. Which do you think is a better option? TD or US border? I might be able to arrange for a Canada resident to pick me up from US by car.

Is there a strong chance of officers not reporting me on entering via the US border?
If I don't get into a university, I could stay in Canada for 2 years then apply for a PR card and go to university losing 2 years, I presume.

 

[Leon]

If you believe that your visa office will not treat you fairly or is overworked and will take forever, you might be better off with the US but you have to wait until the time comes and see if you can get a US visa. If you can't get a US visa, you would have to try for a travel document.

If you go for the US, tell the immigration officers the absolute truth if they ask. If they ask you if you meet the residency requirements, say that you do not but you were removed from Canada as a minor and you are returning first chance as an adult to reclaim your PR. It is possible that the immigration officer has not heard of this. Print out pages 22 and 23 from this document: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf

They list reasons that should be considered on Humane and Compassionate basis like:

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?

The bold above all applies to you.

 

[Msafiri]

I've read that some people enter US with a tourist visa, then cross the border claiming they have no PR card and show the record of landing and are allowed into Canada. They then stay for 2 years and apply for a new PR card in Canada.

Does this method work and is it safer than asking for a TD?

I can't drive, so would it be possible to take a taxi or something to Canada?

1. I think your chances of getting any US visa on your own based on your profile - minor, freelance self employment (do you have invoices/taxes/company registration), student are low unless you apply with your parents whom as per your history is unlikely. Check the US Consulate in Nairobi site. What socio-economic ties to your home country would you show to the consular officer that would compel you to leave the US at the end of your visit?

2. So who is paying for your education, food, transport, clothing, accomodations and all those other necessities since your return from Canada?

 

[PrincessLuna]

1. I think your chances of getting any US visa on your own based on your profile - minor, freelance self employment (do you have invoices/taxes/company registration), student are low unless you apply with your parents whom as per your history is unlikely. Check the US Consulate in Nairobi site. What socio-economic ties to your home country would you show to the consular officer that would compel you to leave the US at the end of your visit?

2. So who is paying for your education, food, transport, clothing, accomodations and all those other necessities since your return from Canada?

1. I was thinking of entering as tourist
2. I have sufficient funds to take care of myself.

 

[Msafiri]

1. I was thinking of entering as tourist
2. I have sufficient funds to take care of myself.

1. What will you show to the US consular officer as proof of strong ties to return to your country?
2. Why can't you use these funds to get away from the abusive situation you describe - you appear independent enough?

 

[PrincessLuna]

1. What will you show to the US consular officer as proof of strong ties to return to your country?
2. Why can't you use these funds to get away from the abusive situation you describe - you appear independent enough?

1. I didn't know that was necessary for visiting the US as a sightseeing tourist.

2. I can't afford to waste money, due to the situation in my current country I will likely still be harassed. I want to move back to Canada and make my life there.

 

[farid-]

Really sorry,to hear your whole situation first of all. I,will suggest go step by step apply for td which you have a fair,chance to get one as you were removed as a minor. I will suggest as you mentioned you,are physically abused recently as well start collecting evidences. I don't know how hard it will be for you to go to the dr. and get medical report as an evidence of abuse. You still have time so these proofs you can use at time of,appeal or td. Because,in canada based on my personal experience ( if you read my previous posts I have been through interview,for h&c) whatever you say if,you have evidence or documents to prove it. They will believe you. So that medical proofs will further make your case strong and can be considered as a factor towards h&c grounds. Plus,you are right don't waste your hard earned money you will definetly need it once you are in canada. Rather be very careful with it as in your situation your family can try to take it n that's all you have to establish yourself in future. Be strong, be brave n hopefully soon u will be in canada. Best of luck.

 

[Josh21]

If is the visa office that makes the decision on the travel document. They are instructed to look at certain points such as having been removed from Canada as a minor and returning first chance after becoming an adult.

Showing funds in Canada vs. funds at home makes no difference because like I said, you can easily withdraw your funds at home and take them with you to Canada.

Showing funds in Canada certainly does make a difference since its not all that simple to just "withdraw" money back from Canada as you will be dealing with foreign currency exchange in both Canada and the country of residence. I mean hypothetically no one is going to lend you money if they knew its going to be sent abroad with the risk of it getting stuck. Domestic money transfers are easy.

It shows more commitment if you have funds in a Canadian bank.

Anyway, all this aside, you will never be able to open a bank account in Canada without being there in person and having legal status in the country ( visitor,student,PR). I assume though that while you were in Canada all those years ago, atleast one of your parents opened a bank account. You can use those to show the funds if your mother is willing to help you since I dont think your father will by what your explaining here.

Also, about your question regarding the U.S visa. Your required to show home ties to your country of residence because believe it or not people try to stay there illegally if things dont pan out the way they expect it to. In your case, thats exactly what they are going to think of since its quite clear you dont want to stay in your country of residence. In some visa offices, they are more lax then others but I can assure you that you will not be able to get a U.S visa based on your profile at the Nairobi visa office.

 

[steaky]

Showing funds in Canada certainly does make a difference since its not all that simple to just "withdraw" money back from Canada as you will be dealing with foreign currency exchange in both Canada and the country of residence. I mean hypothetically no one is going to lend you money if they knew its going to be sent abroad with the risk of it getting stuck. Domestic money transfers are easy.

You have no idea what you are talking about. With HSBC Premier banking, international money transfer between HSBC bank accounts in two or more countries are very simple. Just some clicks and your money can transfer from one country to another instantly! You don't have to deal with foreign currency exchange if don't want to. Besides, there will always be banks lending money even if they know its going to be sent abroad as long as the borrower meet their requirements.

 

[Msafiri]

1. I didn't know that was necessary for visiting the US as a sightseeing tourist.

2. I can't afford to waste money, due to the situation in my current country I will likely still be harassed. I want to move back to Canada and make my life there.

1. As per US Immigration Law visitors are deemed to be intending immigrants unless they can show otherwise...(Sec 214b INA).

2. I guess its personal choice but I'd rather be safe. You have shown to be able to make money as a freelancer so would be able to do the same if you were on your own.

Where is your mother in all this?

 

[PrincessLuna]

1. As per US Immigration Law visitors are deemed to be intending immigrants unless they can show otherwise...(Sec 214b INA).

2. I guess its personal choice but I'd rather be safe. You have shown to be able to make money as a freelancer so would be able to do the same if you were on your own.

Where is your mother in all this?

2 Years back, I gave my Mum some funds so that she can move out of here. For security reasons I have not mentioned the country I am in and where she is. She now has a job that makes move to different places in the world. She is Spanish.

 

[Leon]

If your mother is Spanish, do you have Spanish citizenship through her? If you do, you can move to any country in the EU without a problem, that is if your plan to return to Canada doesn't work out.