It may not take 2 years to get your appeal heard. If you are denied your PRTD and enter via the US you need to understand that you risk not being able to finish your studies in Canada if a study permit is denied. There is also a good chance that you will need to stop your studies for a certain period of time to attempt to apply for a study permit. It will become difficult to show that you have strong ties to your home country and will return home after your studies if you have fought hard to retain PR. If you do get a study permit you may encounter issues with obtaining a PGWP if there is a break in your studies. As long as you realize the risks involved then it is up to you to decide what is your best option.
PRTD APPLICATION H & C grounds
- Thread starter Antares923yt
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It may not take 2 years to get your appeal heard. If you are denied your PRTD and enter via the US you need to understand that you risk not being able to finish your studies in Canada if a study permit is denied. There is also a good chance that you will need to stop your studies for a certain period of time to attempt to apply for a study permit. It will become difficult to show that you have strong ties to your home country and will return home after your studies if you have fought hard to retain PR. If you do get a study permit you may encounter issues with obtaining a PGWP if there is a break in your studies. As long as you realize the risks involved then it is up to you to decide what is your best option.
Thanks for your answer canuck78. I don't know what to do. I am waiting for the PRTD response. I had lawyers support me in my application and I am 19 years old. I showed ties, commitment, hardship, and suplementary documentation to show that I would be very valuable for Canada.I don't know if i will be lucky to come back to Canada. What are the chances right now for people like me getting the PRTD accepted? And what would the chances be if I were to cross the border?
Impossible for any of us today what are the chances. They aren’t zero but given that your family only stayed for a brief time 15 years ago you have minimal ties to Canada.
I have ties through my uncle, my aunt and my cousins who live there. I have family in Toronto and Family in Montreal. So are you suggesting me to give up? That I have low chances to make it?
In the first instance, logical to wait and see what happens with your PRTD application. If approved, this is all for nought.
But if I have little chances in the PRTD, should I better interrupt the process and instead cross the border?
I don't think that I can suggest any particular course of action - and can only note that you've gone from 'giving up' a post before to cancelling and crossing at border.
Deep breath. No quick decisions.
Just to note also - my guess is that cancelling the PRTD will make less of a difference than it might have now, because by your application, they now have info and a flag on your file of some kind. (Not sure what effect that would have - but there's much less chance now that it's 'incognito.')
Removed as a minor H&C cases are, generally, about as strong as H&C cases get (there are some particular circumstances otherwise, but generally) . . . except, they are not quite that strong, and thus more difficult to forecast, if the PR had minimal time and ties in Canada to begin with. Typically, well worth it for those with a strong desiring to move to Canada. And if granted the PR can usually proceed to apply for and obtain a PR card, which makes settling in Canada a whole lot easier than having to manage for two years without a PR card (if waived through at the border). It seems the risk of being denied a PR TD is greater than the risk of being issued a Removal Order upon arrival (such as by traveling via the U.S.), but this is not for sure and probably is only incrementally so.
Once the application is made, IRCC can proceed to adjudicate status. Whether IRCC will do that, despite a formal request to withdraw the application, is not at all clear (in contrast, once a PR card application is made, it appears that for a PR in breach of the RO, withdrawing that application generally will NOT avoid a RO assessment and being issued a 44(1) Report, unless there is a H&C decision to allow the PR to retain status despite the breach). But as @armoured observed, this would not help much in your situation.
Once the application is made, IRCC can proceed to adjudicate status. Whether IRCC will do that, despite a formal request to withdraw the application, is not at all clear (in contrast, once a PR card application is made, it appears that for a PR in breach of the RO, withdrawing that application generally will NOT avoid a RO assessment and being issued a 44(1) Report, unless there is a H&C decision to allow the PR to retain status despite the breach). But as @armoured observed, this would not help much in your situation.
Those are not real ties (they are relatives, not family) . Specially if you have never visited after and only stayed briefly.
BUT again none of us can say if your H&C will be approved. It's up to the case officier.
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