Permanent Resident Determination HELP!

[algdantes]

I was 16 years old when me and my family went to Canada to get our PR cards. We stayed there for about a month but had to come back for my high school graduation. I thought we were coming back after I graduated but my mom and dad had marital issues and my dad didn't want to leave the country since our grandfather was getting chronically sick.

My parents enrolled me in university and I graduated last 2014 and attended my ceremony last February 2015. After graduating, I told my parents I want to go back to Canada and work but they were completely against it, specially my dad and my grandfather. They wanted me to take up law and inherit my grandfather's practice here but I really don't want to. My dad and mom continually went through marital issues and my dad was going through passive depression. It took a while for me to get their approval and to contact my aunt, uncle, and two cousins in Canada who are all Canadian citizens. They promised me their support and vowed they'd help me get back there and support me for 3 years max.

Now, I really want to come back and would like to stay there for good. Things aren't going well for my family--emotionally and financially--and it really bums me out that my parents didn't think about fulfilling residency before. I couldn't afford to come back and forth back then and I had to finish school.

I really want to go back. I'm 21, out of college, and I am absolutely desperate to revive the opportunity my troubled parents threw away.

 

[Leon]

So is your PR card expired? If it's not expired, you can return to Canada now, take your chances with immigration, appeal if you get reported or stay for 2 years straight and put your PR status back in good standing if you don't get reported.

If your PR card is expired, you have two options, you can apply for a PR travel document based on having been removed from Canada as a minor or you can try to get a US visa and cross from the US to Canada with your landing papers and expired PR card.

Getting a travel document used to be a sure thing in cases like yours but that has been changing and they are often refused now based on not applying right away at age 18-19 or based on not actually having any ties to Canada because as you say, you landed and then went back. You never actually lived in Canada, you did not go to school in Canada etc.

Therefore, I would rather recommend that you try bypassing a travel document if you can. If you are denied, you can appeal it but losing your appeal, you lose your PR. If you try going to Canada and dealing with immigration on entry, when you tell them your situation, it is possible that they don't report you in which case you are free to enter and stay for 2 years straight to put your PR status back in good standing. If they do report you, you can appeal it and your chances IMO are better than they are for a travel document as the appeal will take 1-2 years and they will also consider if you have stayed in Canada and are well settled at the time of your appeal hearing.

 

[algdantes]

Wow. I never even knew that was a possibility! Would it help if I had my uncle, aunt and cousins in on it? They're all Canadian Citizens. Would it help if I entered through their car, presented my expired PR card and then argue my way through? Also, when they're processing my appeal if I do get reported, could I get a job while waiting for trial?

I wish I could get a lawyer for this. Fact is I'm from the Philippines and parental consent here is a HUGE deal. Like if you start disobeying your parents, your whole family turns against you and you're completely alone. It took me a year to convince them to even consider this.

 

[Leon]

Wow. I never even knew that was a possibility! Would it help if I had my uncle, aunt and cousins in on it? They're all Canadian Citizens. Would it help if I entered through their car, presented my expired PR card and then argue my way through? Also, when they're processing my appeal if I do get reported, could I get a job while waiting for trial?

I wish I could get a lawyer for this. Fact is I'm from the Philippines and parental consent here is a HUGE deal. Like if you start disobeying your parents, your whole family turns against you and you're completely alone. It took me a year to convince them to even consider this.

Coming in with family will help. However, you don't argue with immigration. Tell the truth and be apologetic and say that you were removed as a minor, you completed your college according to your parents wishes and are now ready to settle in Canada with your family supporting you.

If they report you anyway, you will have to appeal. If you have a SIN, you can work after you first go to Service Canada and check that it's set to active status and not dormant because you have been away for some time. If you don't have a SIN, if you are under an appeal, you can apply to renew your PR card for one year at a time and with a PR card, you can get a SIN. The problem would be if you don't have a SIN and they don't report you because if that happens, you would be in a pinch. You can not get a SIN with an expired PR card. You could try to renew your PR card based on having been removed as a minor but it will likely take a long time to process your application and you can not legally work without a SIN.

 

[algdantes]

I see I also heard from my cousin who works at the Canadian visa office in Mexico that if my PRTD gets rejected here, I could file an appeal in which case they'd have to give me a temporary pass to Canada to attend my hearing in person. In the event that I don't get a US Visa and would have to settle for filing a PRTD under H&C (I also have medical documents and other evidence to prove my mother and brother's depression and financial struggle--our debt is up at $200,000 now because of my father too), would I be able to work while awaiting trial then?

Thank you for all your help btw. It's been such a relief having some people to talk about this with.

 

[PMM]

Hi

I see I also heard from my cousin who works at the Canadian visa office in Mexico that if my PRTD gets rejected here, I could file an appeal in which case they'd have to give me a temporary pass to Canada to attend my hearing in person. In the event that I don't get a US Visa and would have to settle for filing a PRTD under H&C (I also have medical documents and other evidence to prove my mother and brother's depression and financial struggle--our debt is up at $200,000 now because of my father too), would I be able to work while awaiting trial then?

Thank you for all your help btw. It's been such a relief having some people to talk about this with.

1. Your cousin may have mislead you. You would only get a PRTD to attend the appeal hearing, if you have been in Canada in the last year, which it appears you haven't. So the appeal would be over the phone.

http://www.irb-cisr.gc.ca/Eng/BoaCom/references/procedures/Pages/InfoGuideReside.aspx

 

[algdantes]

I see... So the hearing can go on with or without you depending on whether or not the people responsible requests your physical presence? Man, so really the best chance I have is to go through the US boarder. Any stats on the chance of success at that? I mean, what are the odds of the immigration officer throwing me out when I get there?

 

[keesio]

I see... So the hearing can go on with or without you depending on whether or not the people responsible requests your physical presence? Man, so really the best chance I have is to go through the US boarder. Any stats on the chance of success at that? I mean, what are the odds of the immigration officer throwing me out when I get there?

There is no chance that an immigration officer will deny you entry to Canada. You still have PR status and so you have a right to enter Canada. The bigger question is if he will report you to IRCC for not meeting your PR RO after you enter. No one can tell you the odds for that.