PLease Help Me (PRTD)...

[dido123]

Hello ALL,
I was in Canada with my family till 2010 and I left Canada when I was 19 years old and reason of my leave is that my Grandfather have a brain cancer so we left all Canada to Lebanon because there is no body to take care of him except us, and we stay in Lebanon till 2014 since my grandfather died and my father have a nerve disease and my mother had a surgery in her back since she was helping my grandfather before death. So my parents were not able to arrive to Canada and I have to stay beside them regarding there critical situation and had enter the university in Lebanon.
So when I apply for the PRTD I have a refuse application and the reason was that I had not stay in Canada 730 days last 5 years and they put an appeal application.
So my question is now I'm about 24 years old and I want to send an appeal application, if this critical problems I have and with the documents and proofs I will have an approval to the application or these problems will not be taken in consideration.
And how many days the appeal processing time normally?
Thank you,

 

[Leon]

You can try appealing but since you were already an adult when you left Canada, your chances are slimmer. Immigration will say that there was no reason why you could not have stayed in Canada alone when your parents left as you were already an adult and that there was no need for you to help your parents take care of your grandfather.

 

[dido123]

Thank for your reply,

When i left Canada i was 19 years old and according to the law to that time the minor age was 22 years old and i have to go to Lebanon based on my grandfather request when he was critical reading and he was dyeing so that can help me?

 

[Leon]

Thank for your reply,

When i left Canada i was 19 years old and according to the law to that time the minor age was 22 years old and i have to go to Lebanon based on my grandfather request when he was critical reading and he was dyeing so that can help me?

You may have had to visit your grandmother upon her request but by no means did you have to stay for 4-5 years when your parents were already there helping out.

The age of majority in Canada is 18-19 depending on the province so you were not legally a minor at the time and your grandmother / parents could not have forced you to leave if you had not wanted to.

Granted, the age of minor children was under 22 for immigration purposes but this has now been changed to under 19.

Immigration is asked to consider if you had been removed from Canada as a minor (which you weren't because legally you were not a minor when you left) and if you were returning to Canada again first chance after reaching the age of 22.

You can of course appeal stating your parents medical problems as well and that you were helping them. What has changed with your parents situation? They are now able to take care of themselves again?

 

[dido123]

Thank for your reply.But i have a question that Im always asking .Before i Left Canada when i was 19 i asked a lawyer and he told me that u r minor now(2010).So changing the law must not affect the case I was since when i was there the law stated that i was a minor.minor. Im not leaving Canada now to hear that you were not Minor i left Canada when the law stated that i was minor.is that true?.New laws must affect cases after the date the law was updated right?
Thank you

 

[scylla]

The new laws apply to you because you are applying to return to Canada now. It doesn't matter what the laws were back in 2010 when you left Canada.

 

[Leon]

Thank for your reply.But i have a question that Im always asking .Before i Left Canada when i was 19 i asked a lawyer and he told me that u r minor now(2010).So changing the law must not affect the case I was since when i was there the law stated that i was a minor.minor. Im not leaving Canada now to hear that you were not Minor i left Canada when the law stated that i was minor.is that true?.New laws must affect cases after the date the law was updated right?
Thank you

The new laws apply to you because you are applying to return to Canada now. It doesn't matter what the laws were back in 2010 when you left Canada.

True. Plenty of people wanted to sponsor their children and prior to August 1st 2014 were told that they can sponsor them as long as they are under 22. However, with the stroke of a pen, the age was changed to 19 and these people can no longer sponsor their children if they are over 19, regardless of what they were told before the law changed.

Besides, you were in 2010 at age 19 a minor for immigration purposes but not legally. You can not claim that your parents "made you" leave Canada because you were an adult under Canadian law and if you wanted to, you could have stayed behind or made a short visit and then returned to Canada again alone.

This is why your case is weak. If you had been 17 when your parents returned and you were forced to go with them because you were legally a minor, you would have a different case.

If you want to appeal, your slim chance lies in having to stay outside Canada taking care of your ailing parents as well as proof but I still think your case is weak.