PR Card expired living outside

[asim2k20]

PR Card Expired 5 years back and i am living outside Canada , I want to travel back to Canada and live their along with my kids , i have briefly explained my case ;

1. We have got Immigration in April 2009 along with my 2 kids , my husband was the primary applicant.
2. after staying in Canada we came back as he was not getting jobs and we had financial issues.
3. once back in India we had our 3rd child born in October 2010
4. unfortunately after my pregnancy i was diagnosed with Avascular Necrosis Of Hip Bone(AVN) it was advance stage. and I was having continuous pain and needed Hip replacement surgery due to this we couldn't travel back to Canada though we wanted to.
5. My Husband traveled alone to Canada 2 to 3 times and tried to start business in Canada but he failed as he is not talented compare to other business people and he unsuccessfully tried sponsoring our 3rd kids which got refused as he was not staying in Canada
6. Now i want to go back to Canada along with my 2 Kids (we 3 have PR) since my PR Card expired in 2014 and we do not meet the Residency Requirement, can i apply for Travel Documents on H&C Grounds ?

please advice if my application qualifies for H&C.
thank you all for your replies and guidance in Advance.

 

[jddd]

PR Card Expired 5 years back and i am living outside Canada , I want to travel back to Canada and live their along with my kids , i have briefly explained my case ;

1. We have got Immigration in April 2009 along with my 2 kids , my husband was the primary applicant.
2. after staying in Canada we came back as he was not getting jobs and we had financial issues.
3. once back in India we had our 3rd child born in October 2010
4. unfortunately after my pregnancy i was diagnosed with Avascular Necrosis Of Hip Bone(AVN) it was advance stage. and I was having continuous pain and needed Hip replacement surgery due to this we couldn't travel back to Canada though we wanted to.
5. My Husband traveled alone to Canada 2 to 3 times and tried to start business in Canada but he failed as he is not talented compare to other business people and he unsuccessfully tried sponsoring our 3rd kids which got refused as he was not staying in Canada
6. Now i want to go back to Canada along with my 2 Kids (we 3 have PR) since my PR Card expired in 2014 and we do not meet the Residency Requirement, can i apply for Travel Documents on H&C Grounds ?

please advice if my application qualifies for H&C.
thank you all for your replies and guidance in Advance.

When was your surgery? My guess is it was over 5 years ago? Why didn’t you return after recovering from surgery?

In my opinion, H&C will fail for your scenario but you can certainly try.

 

[zardoz]

PR Card Expired 5 years back and i am living outside Canada , I want to travel back to Canada and live their along with my kids , i have briefly explained my case ;

1. We have got Immigration in April 2009 along with my 2 kids , my husband was the primary applicant.
2. after staying in Canada we came back as he was not getting jobs and we had financial issues.
3. once back in India we had our 3rd child born in October 2010
4. unfortunately after my pregnancy i was diagnosed with Avascular Necrosis Of Hip Bone(AVN) it was advance stage. and I was having continuous pain and needed Hip replacement surgery due to this we couldn't travel back to Canada though we wanted to.
5. My Husband traveled alone to Canada 2 to 3 times and tried to start business in Canada but he failed as he is not talented compare to other business people and he unsuccessfully tried sponsoring our 3rd kids which got refused as he was not staying in Canada
6. Now i want to go back to Canada along with my 2 Kids (we 3 have PR) since my PR Card expired in 2014 and we do not meet the Residency Requirement, can i apply for Travel Documents on H&C Grounds ?

please advice if my application qualifies for H&C.
thank you all for your replies and guidance in Advance.

You only have 2 options.

1) apply for the PRTD and take your chances, with or without H&C consideration.
2) cross the land border from the USA via private transport. Obviously, you will need a US visa.

Regardless, your third child will need a separate visa for Canada.

 

[Tubsmagee]

PR Card Expired 5 years back and i am living outside Canada , I want to travel back to Canada and live their along with my kids , i have briefly explained my case ;

1. We have got Immigration in April 2009 along with my 2 kids , my husband was the primary applicant.
2. after staying in Canada we came back as he was not getting jobs and we had financial issues.
3. once back in India we had our 3rd child born in October 2010
4. unfortunately after my pregnancy i was diagnosed with Avascular Necrosis Of Hip Bone(AVN) it was advance stage. and I was having continuous pain and needed Hip replacement surgery due to this we couldn't travel back to Canada though we wanted to.
5. My Husband traveled alone to Canada 2 to 3 times and tried to start business in Canada but he failed as he is not talented compare to other business people and he unsuccessfully tried sponsoring our 3rd kids which got refused as he was not staying in Canada
6. Now i want to go back to Canada along with my 2 Kids (we 3 have PR) since my PR Card expired in 2014 and we do not meet the Residency Requirement, can i apply for Travel Documents on H&C Grounds ?

please advice if my application qualifies for H&C.
thank you all for your replies and guidance in Advance.

Sounds like you made the decision that Canada wasn’t right for you. I don’t see any H&C.

 

[asim2k20]

When was your surgery? My guess is it was over 5 years ago? Why didn’t you return after recovering from surgery?

In my opinion, H&C will fail for your scenario but you can certainly try.

Thank you for your reply, I didn't go for surgery, and managing the pain. I work as Sr.Recruiter for a IT Company.

 

[jddd]

Thank you for your reply, I didn't go for surgery, and managing the pain. I work as Sr.Recruiter for a IT Company.

Working as a senior recruiter does not give you H&C grounds either. Basically, you and your family chose not to settle in Canada and has no extenuating circumstance that kept you where you are.

 

[asim2k20]

You only have 2 options.

1) apply for the PRTD and take your chances, with or without H&C consideration.
2) cross the land border from the USA via private transport. Obviously, you will need a US visa.

Regardless, your third child will need a separate visa for Canada.

regarding third child for time being he will be staying with my Parents till he gets his own visa.
now my Husband doesn't stay with me and though we are not officially separated, but for my and my kids future I want to settle in Canada. based on responses i guess H&C consideration is hopeless. i will be thankful for any further advice.

 

[asim2k20]

Working as a senior recruiter does not give you H&C grounds either. Basically, you and your family chose not to settle in Canada and has no extenuating circumstance that kept you where you are.

I just mention about my working status as now i am on my own not with Husband and can adapt when i got to canada also.
thank you for your response, Could I try through H&C or apply again as news applicant. please help.

 

[scylla]

regarding third child for time being he will be staying with my Parents till he gets his own visa.
now my Husband doesn't stay with me and though we are not officially separated, but for my and my kids future I want to settle in Canada. based on responses i guess H&C consideration is hopeless. i will be thankful for any further advice.

Based on the information you've provided, you do not have H&C grounds for failing to meet the residency requirement. You lived outside of Canada by choice.

If you want to try to save your PR status, your best option would be to obtain an US visitor visa, fly to the US and try to enter Canada through a land border without being reported for failing to meet the residency requirement.

The chances of being able to keep your PR status are likely very low.

If you happen to have enough points for Express Entry (i.e. 440 or more), the best option would be to renounce your PR status and apply again from scratch.

 

[jddd]

I just mention about my working status as now i am on my own not with Husband and can adapt when i got to canada also.
thank you

Yeah, and I am saying your job and being able to adapt when you get here does not give you H&C grounds.

 

[asim2k20]

Based on the information you've provided, you do not have H&C grounds for failing to meet the residency requirement. You lived outside of Canada by choice.

If you want to try to save your PR status, your best option would be to obtain an US visitor visa, fly to the US and try to enter Canada through a land border without being reported for failing to meet the residency requirement.

The chances of being able to keep your PR status are likely very low.

If you happen to have enough points for Express Entry (i.e. 440 or more), the best option would be to renounce your PR status and apply again from scratch.

thank you for answering me on point
All these years I was dependent on my Husband and he didnt allow me to pursue on my own for traveling to Canada , now there is change in circumstances as I am on my own, i can independently travel, and before I reapply from Scratch, I want to try for PRTD on H&C as its my Husband fault he never wanted me to settle in Canada.

 

[scylla]

thank you for answering me on point
All these years I was dependent on my Husband and he didnt allow me to pursue on my own for traveling to Canada , now there is change in circumstances as I am on my own, i can independently travel, and before I reapply from Scratch, I want to try for PRTD on H&C as its my Husband fault he never wanted me to settle in Canada.

It's highly unlikely this will be accepted under H&C - but you can certainly try. Note that if and one you are ready to move to Canada, you will need the written permission of your husband to take your children with you.

 

[asim2k20]

It's highly unlikely this will be accepted under H&C - but you can certainly try. Note that if and one you are ready to move to Canada, you will need the written permission of your husband to take your children with you.

ok, If i apply on H&C and it get rejected what will be the option I will have? can I appeal ? if yes , will they provide me with Visit visa to go to Canada and apeal?

 

[jddd]

ok, If i apply on H&C and it get rejected what will be the option I will have? can I appeal ? if yes , will they provide me with Visit visa to go to Canada and apeal?

You can appeal but you will not be provided a temporary PRTD to do so because you were not in Canada the past year.

 

[scylla]

ok, If i apply on H&C and it get rejected what will be the option I will have? can I appeal ? if yes , will they provide me with Visit visa to go to Canada and apeal?

As said above, you can certainly appeal. However you will have to appeal from outside of Canada. You will not be able to come to Canada for the appeal.