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PRTD…

canuck78

VIP Member
Jun 18, 2017
52,977
12,769
There was a close family member related case (marriage dispute/Divorce) exactly during same last 5 years period, started within few months of newly married couple, kept financially and mentally engaged to close one's of both side. Settled down in September 2022 in Apex court (Supreme court of India), with mutual consent of parties, my role was crucial to agree all for peaceful solution and to drop down long litigation done via lawyers of both side and to live together, Even lawyers surprised with this reverse outcome. I have submitted judgement copy and Agreed terms in my H&C ground.
I fail to see how this is an H&C reason and would justify being out of Canada for almost 10 years. You may have volunteered to be involved in a relative’s divorce but it wasn’t necessary and don’t think it took 10 years. I’m sure the relative would have understood that your priority was to meet the residency obligation to retain your PR in Canada and that you’d be able to help them remotely or return to India when needed after you’d met your RO and had a valid PR care.

As an adult your child is expected to be able to live alone. That is one of the reasons your child was granted the H&C approval. If the goal was to live together as a family he could have continued to live in India since your family has lived there for longer than in Canada and your children have attended school for most or all of their schooling. The children’s lives would not have been negatively affected by not returning to Canada since they have minimal ties to Canada. Their lives would have continued like most of the friends and classmates. A child that is close to 18 could say that they were removed against their will and tried to return to Canada as soon as possible (ie as soon as they became an adult or at least very close to when they became 18). Whether they would be able to live with their parents is not considered. Had they actually stated that they would only move to Canada if their whole family was approved they may have been denied. The rest of your family don’t have the argument that they were forced to leave Canada and live abroad and are returning as soon as they are able to. Given that the PRTD applications have started it would be hard to withdraw them at this point and the wait list to get an interview for any US visa is often over a year so unless you have a valid B1/B2 it will likely be a very long time until you can get an interview unless you are able to get a cancellation somewhere in the country or in neighbouring countries. Given that you don’t have valid PR cards there would still be a high chance of getting reported at the border. If you appealed to try to and retain your PR statuses you would be in limbo for a while. At least with the PRTD you will know whether you can return and stay in Canada or not. If approved for a PRTD based on H&C you can also renew your PR card when you return to Canada which will allow you to apply for a health card and access public healthcare, apply for college and university and pay domestic fees because many schools require proof a valid PR card, etc. If reported by the border or not reported you would be advised to not apply for a new PR card until you met your RO. So you’d be without a valid PR card for quite some time. Even if you applied for PR card renewal based on H&C you’d only get a PR card for 1 year and processing times for PR card renewal when you don’t meet RO is often over a year. All you can do is wait and see when it comes to your PRTD based on H&C applications. Most are approved/refused within a year so hopefully you will hear soon.


You also seem to be under the false impression that your work for a Canadian employer would count towards RO if you worked full-time. There are only a few ways that working for a Canadian employer abroad would count towards RO. Since you aren’t working for the Canadian military or a Canadian government department, you’d need to be transferred temporarily from the Canadian employer in Canada to the Canadian employers offices abroad. You would then have to return to Canada and continue working for the employer in Canada.
 

bricksonly

Hero Member
Mar 18, 2018
433
54
Maybe many people have never applied for US B1/B2 visa. It automatically waives your interview base on your previous travel records to US. 100%, and very quick.