PRTD H&C grounds- Different Case

[potterhead]

Greetings,

I was a child when we went to Canada in 1997. We stayed there till 1998. My sister and I joined a school. We were issued SIN cards and everything. We had to come to India to meet my grandparents who were not well. Upon arriving India, my father realized the severity of my Grandparents health. His elder brother (my uncle) was also not well, he had been diagnosed with brain tumor. My uncle was unmarried and unemployed. My father could not think of returning to Canada. He had to look after his family. However, he did ask for extension of his stay from the Canadian High Commission. He was granted a 6 months extension (which didn't prove to be sufficient). My grandparents expired by 2002. My uncle till this time had become partially blind. However, through medical treatment he regained his lost vision by 2004.

It was in 2004 when my father applied for a PR to Canada as fresh applicants. He reckoned that by this time we would've lost our PR statuses. He mentioned in his application how we had been to Canada earlier. But our application was rejected after 4 years (in 2008) as the category of occupation under which my father had applied was no longer needed by Canada. I was a 14 year old at the time of re application.

Here comes a twist in the story. We applied for a temporary tourist visa in April, 2017 to attend my cousin's marriage in Canada. We received a response from the Canadian High Commission saying:
"You cannot apply for a temporary resident visa as you are a permanent resident of Canada, if you wish to return to Canada as PR, take your request for a temporary visa application and apply for a PRTD”. These lines made me ecstatic.
We took our application for a temporary visa back and applied for a PRTD under H & C grounds. We explained them about the ill health of my grandparents and uncle. We also informed them about our intention to return to Canada once my uncle regained his lost vision and how our PR application got rejected.
We have requested them to grant us a long term multiple entry PRTD so that I can complete my MBA which I am already pursuing by mid of 2018 and then permanently settle in Canada. Also, so that we can attend my cousin's marriage which is on 1st July.

I would like to know Our chances of getting a long term multiple entry PRTD or a normal PRTD. What kind of response can I expect from them and by when? Also, why weren't we told about this option when we applied for PR in 2004.

Thank you for your patience for reading.

 

[scylla]

I can't tell you why you weren't told this in 2004.

Your chances of getting a PRTD approved are effectively zero. You've been outside of Canada for far too long and don't have sufficient H&C grounds to qualify. Your H&C reasons were back from 2004. This is far far far too long ago to help you now.

If you were 8-10 years younger, you could use the H&C argument that you were removed from the country as a child by your parents and now want to return. Unfortunately you're too old to use that argument now.

You can certainly try to apply for a PRTD under H&C - but should assume it will be refused. Note that processing will likely take several months.

 

[Rob_TO]

We took our application for a temporary visa back and applied for a PRTD under H & C grounds. We explained them about the ill health of my grandparents and uncle. We also informed them about our intention to return to Canada once my uncle regained his lost vision and how our PR application got rejected.
We have requested them to grant us a long term multiple entry PRTD so that I can complete my MBA which I am already pursuing by mid of 2018 and then permanently settle in Canada. Also, so that we can attend my cousin's marriage which is on 1st July.

As mentioned above, you probably have practically no chance to get a PR TD approved. In most likely scenario that PR TD is rejected, this would start process to officially revoke your PR status.

Also since PR TD apps on H&C grounds can take a long time to process, I wouldn't count on getting to your cousin's wedding in just over 1 week's time from now. Even the process to voluntarily renounce your PR status and then apply for a TRV, would probably take too long.

Alternatively while you're still technically a PR, your only chance to make it to Canada is most likely to travel to USA and drive into Canada via a land border. For this CBSA can determine your PR status with whatever docs you may have, however you will probably be reported for not meeting Residency Obligation and process started to revoke PR status. But at least you'd be inside Canada while you decide if you wanted to appeal.

 

[potterhead]

lternatively while you're still technically a PR, your only chance to make it to Canada is most likely to travel to USA and drive into Canada via a land border. For this CBSA can determine your PR status with whatever docs you may have, however you will probably be reported for not meeting Residency Obligation and process started to revoke PR status

I would need my passport to travel to USA. My passport is submitted to the Canadian High Commission. Can I not appeal their decision to revoke my PR while I am still in India?

Thank you for your reply, Rob and Scylla.

 

[scylla]

Sure - you can appeal. But probably pointless since you don't have grounds that will lead to a successful appeal. The appeal will take a long time to complete and while it's in progress, you won't be able to come to Canada.

 

[potterhead]

Sure - you can appeal. But probably pointless since you don't have grounds that will lead to a successful appeal. The appeal will take a long time to complete and while it's in progress, you won't be able to come to Canada.

Sure - you can appeal. But probably pointless since you don't have grounds that will lead to a successful appeal. The appeal will take a long time to complete and while it's in progress, you won't be able to come to Canada.

If I appealed and brought the fact to their notice that my family desperately wanted to go to Canada from 2004 to 2008, as I have correspondence letters with the High Commission of that time with me. Would it be beneficial? I would also state that we were unaware of the PRTD- H&C route, otherwise we would've taken that. Would it make any difference?

Thanks

 

[scylla]

If I appealed and brought the fact to their notice that my family desperately wanted to go to Canada from 2004 to 2008, as I have correspondence letters with the High Commission of that time with me. Would it be beneficial? I would also state that we were unaware of the PRTD- H&C route, otherwise we would've taken that. Would it make any difference?

Thanks

Won't make a difference. CIC doesn't accept the "I didn't know" excuse - it's up to people to inform themselves about the options. CIC it's responsible for this - you are.

 

[Rob_TO]

If I appealed and brought the fact to their notice that my family desperately wanted to go to Canada from 2004 to 2008, as I have correspondence letters with the High Commission of that time with me. Would it be beneficial? I would also state that we were unaware of the PRTD- H&C route, otherwise we would've taken that. Would it make any difference?

Thanks

I would say no chance. What happened back in 2008 almost 10 years ago would be completely irrelevant to today.

However you should wait until you get some official response regarding your PR TD application, as long as that may take. While most would guess you have no chance to be approved, IRCC has surprised me before so you never know what the visa officer will respond with.

Either way, I don't think you have any chance to travel to Canada anytime soon while all this is sorted out.

 

[potterhead]

IRCC has surprised me before so you never know what the visa officer will respond with.

Thank you, both of you. I just hope that this is one of those cases.

 

[nehamodha]

Hello,

Dear Sir/Madam,

I had a PR Visa for Canada which was issued on Date: 16/01/2013 and valid till date: February 2018. My application details are:

I arrived in Canada on date: 16 January 2013 with a dream and aim to settle down with my husband who is a co-applicant.


During our stay in Canada we applied and received Social Insurance Number (SIN), opened our bank account and got our Credit card, enrollment in New comer’s YMCA program. We took National Dental Examination Board (Step 1 – Assessment of Fundamental Knowledge) held in first week of February, which is initial step to get license to work as a Dentist in Canada.


Subsequent step of Licensure examination was to be held in month of June-July. So we wanted to utilize this free time to fulfill certain social responsibilities in India. And also decided that I will return and appear for Step 2 and 3 (Assessment of Clinical Skills and Assessment of Clinical Judgment) and my better half will join subsequent to winding up everything and fulfilling social duties - for instance: marriage of his younger sister, doing plan of his parents, etc.


But unfortunately, my husband passed and I failed it. So this result had disturbed our figuring and we have to reconsider our further procedures as re-appearing for Step - 1 was one year from now in February 2014.


During our stay in India some fortunate and many unfortunate events took place which forces us to stay longer:


Death of my mother in law – Date: 02 December 2013

This increased our social responsibilities, taking care of my father-in-law, my sister-in-law. My father-in-law become very ill. We conducted my sister-in-law’s marriage on 19-Jan-2014 as we had promised my mother-in-law.

My father-in-law’s health keep deteriorating, he developed severe allergies and multiple times we had to rush him to emergency room.

After that we needed to stay for my younger brother's wedding function –Date: 10 February 2014

Meanwhile we started making all necessary arrangements for my father in-law but his health problem continues to rise and he developed severe allergies like condition to unknown substances. During such kind of episodes we had to rush to emergency room for immediate medical assistance. In such condition we could not leave him alone as he needed medical and emotional support.

• During this period I was blessed with son – Date: 09 May 2015

In fact we planned to move to Canada after the birth of my son as we had sufficient time according to immigration rules but we had to complete his vaccination program according to health department’s guidelines. We had also got visitor visa (Date: 29/1/16 to 24/7/16) for my son which was single entry visa keeping in mind that we will apply for his PR visa. We had applied for my father in law’s multiple entry visitor visa for Canada.

But again faith was not in our favour:

My Grandfather died on 19-Aug-2015, my father died 22-July-2016.

So my entire family was disturbed and we had to stay to make necessary arrangements for my family as we are the most elder couple of both the families.

We had applied second time for my son’s multiple entry visitor visa (date: 22/8/2017)

Meanwhile in july 2017 my father in-law had suffered from Chikangunia (Viral fever spreaded by mosquitoes) which was epidemic in our region. This viral fever has very serious during and after systemic complications especially Arthritis affecting almost all the joints of body known as Post viral arthritis. And my father in-law was more severely affected. For him, we had to consult many specialists to get rid of Chikanguniya. But unfortunately his post viral arthritis was converted into Rheumatoid Arthritis which needed medical attention. He became almost disease free after a yearlong treatment.

Amid this time I was pregnant for second time and brought forth my second youngster on 30 August 2018

During all this time our goal was always to go to Canada but unfortunately we couldn’t move away from our social responsibilities.

As industrial revolution is going on here, there is huge pollution influencing wellbeing of my family members. My elder child has suffered Pneumonia because of this contamination despite the fact that he has been vaccinated for that. So strength of my kids is straightforwardly influenced by any negative choice.

My elder child is currently of school going age (4 years old), so on the off chance that we are permitted to enter and remain in Canada, my children will experience childhood in Canadian culture which would be useful to both of my children to satisfy expectations and dreams for future life.

I have proof of events whenever possible.

So What would be my chances to getting PRTD on H&C ground. What would be processing time if I apply for PRTD? Should I apply for new application?

Please guide me in this matter.

Thank you.

 

[zardoz]

Hello,

Dear Sir/Madam,

I had a PR Visa for Canada which was issued on Date: 16/01/2013 and valid till date: February 2018. My application details are:

I arrived in Canada on date: 16 January 2013 with a dream and aim to settle down with my husband who is a co-applicant.


During our stay in Canada we applied and received Social Insurance Number (SIN), opened our bank account and got our Credit card, enrollment in New comer’s YMCA program. We took National Dental Examination Board (Step 1 – Assessment of Fundamental Knowledge) held in first week of February, which is initial step to get license to work as a Dentist in Canada.


Subsequent step of Licensure examination was to be held in month of June-July. So we wanted to utilize this free time to fulfill certain social responsibilities in India. And also decided that I will return and appear for Step 2 and 3 (Assessment of Clinical Skills and Assessment of Clinical Judgment) and my better half will join subsequent to winding up everything and fulfilling social duties - for instance: marriage of his younger sister, doing plan of his parents, etc.


But unfortunately, my husband passed and I failed it. So this result had disturbed our figuring and we have to reconsider our further procedures as re-appearing for Step - 1 was one year from now in February 2014.


During our stay in India some fortunate and many unfortunate events took place which forces us to stay longer:


Death of my mother in law – Date: 02 December 2013

This increased our social responsibilities, taking care of my father-in-law, my sister-in-law. My father-in-law become very ill. We conducted my sister-in-law’s marriage on 19-Jan-2014 as we had promised my mother-in-law.

My father-in-law’s health keep deteriorating, he developed severe allergies and multiple times we had to rush him to emergency room.

After that we needed to stay for my younger brother's wedding function –Date: 10 February 2014

Meanwhile we started making all necessary arrangements for my father in-law but his health problem continues to rise and he developed severe allergies like condition to unknown substances. During such kind of episodes we had to rush to emergency room for immediate medical assistance. In such condition we could not leave him alone as he needed medical and emotional support.

• During this period I was blessed with son – Date: 09 May 2015

In fact we planned to move to Canada after the birth of my son as we had sufficient time according to immigration rules but we had to complete his vaccination program according to health department’s guidelines. We had also got visitor visa (Date: 29/1/16 to 24/7/16) for my son which was single entry visa keeping in mind that we will apply for his PR visa. We had applied for my father in law’s multiple entry visitor visa for Canada.

But again faith was not in our favour:

My Grandfather died on 19-Aug-2015, my father died 22-July-2016.

So my entire family was disturbed and we had to stay to make necessary arrangements for my family as we are the most elder couple of both the families.

We had applied second time for my son’s multiple entry visitor visa (date: 22/8/2017)

Meanwhile in july 2017 my father in-law had suffered from Chikangunia (Viral fever spreaded by mosquitoes) which was epidemic in our region. This viral fever has very serious during and after systemic complications especially Arthritis affecting almost all the joints of body known as Post viral arthritis. And my father in-law was more severely affected. For him, we had to consult many specialists to get rid of Chikanguniya. But unfortunately his post viral arthritis was converted into Rheumatoid Arthritis which needed medical attention. He became almost disease free after a yearlong treatment.

Amid this time I was pregnant for second time and brought forth my second youngster on 30 August 2018

During all this time our goal was always to go to Canada but unfortunately we couldn’t move away from our social responsibilities.

As industrial revolution is going on here, there is huge pollution influencing wellbeing of my family members. My elder child has suffered Pneumonia because of this contamination despite the fact that he has been vaccinated for that. So strength of my kids is straightforwardly influenced by any negative choice.

My elder child is currently of school going age (4 years old), so on the off chance that we are permitted to enter and remain in Canada, my children will experience childhood in Canadian culture which would be useful to both of my children to satisfy expectations and dreams for future life.

I have proof of events whenever possible.

So What would be my chances to getting PRTD on H&C ground. What would be processing time if I apply for PRTD? Should I apply for new application?

Please guide me in this matter.

Thank you.

So, you have been outside Canada for 5 years and never really established yourselves in Canada when you were here?
Even on H&C grounds, your chances of getting a positive PRTD decision seem low. However, you should probably apply, as this is the only way that you might be able to sponsor your children in a timely fashion.

 

[canuck78]

Hello,

Dear Sir/Madam,

I had a PR Visa for Canada which was issued on Date: 16/01/2013 and valid till date: February 2018. My application details are:

I arrived in Canada on date: 16 January 2013 with a dream and aim to settle down with my husband who is a co-applicant.


During our stay in Canada we applied and received Social Insurance Number (SIN), opened our bank account and got our Credit card, enrollment in New comer’s YMCA program. We took National Dental Examination Board (Step 1 – Assessment of Fundamental Knowledge) held in first week of February, which is initial step to get license to work as a Dentist in Canada.


Subsequent step of Licensure examination was to be held in month of June-July. So we wanted to utilize this free time to fulfill certain social responsibilities in India. And also decided that I will return and appear for Step 2 and 3 (Assessment of Clinical Skills and Assessment of Clinical Judgment) and my better half will join subsequent to winding up everything and fulfilling social duties - for instance: marriage of his younger sister, doing plan of his parents, etc.


But unfortunately, my husband passed and I failed it. So this result had disturbed our figuring and we have to reconsider our further procedures as re-appearing for Step - 1 was one year from now in February 2014.


During our stay in India some fortunate and many unfortunate events took place which forces us to stay longer:


Death of my mother in law – Date: 02 December 2013

This increased our social responsibilities, taking care of my father-in-law, my sister-in-law. My father-in-law become very ill. We conducted my sister-in-law’s marriage on 19-Jan-2014 as we had promised my mother-in-law.

My father-in-law’s health keep deteriorating, he developed severe allergies and multiple times we had to rush him to emergency room.

After that we needed to stay for my younger brother's wedding function –Date: 10 February 2014

Meanwhile we started making all necessary arrangements for my father in-law but his health problem continues to rise and he developed severe allergies like condition to unknown substances. During such kind of episodes we had to rush to emergency room for immediate medical assistance. In such condition we could not leave him alone as he needed medical and emotional support.

• During this period I was blessed with son – Date: 09 May 2015

In fact we planned to move to Canada after the birth of my son as we had sufficient time according to immigration rules but we had to complete his vaccination program according to health department’s guidelines. We had also got visitor visa (Date: 29/1/16 to 24/7/16) for my son which was single entry visa keeping in mind that we will apply for his PR visa. We had applied for my father in law’s multiple entry visitor visa for Canada.

But again faith was not in our favour:

My Grandfather died on 19-Aug-2015, my father died 22-July-2016.

So my entire family was disturbed and we had to stay to make necessary arrangements for my family as we are the most elder couple of both the families.

We had applied second time for my son’s multiple entry visitor visa (date: 22/8/2017)

Meanwhile in july 2017 my father in-law had suffered from Chikangunia (Viral fever spreaded by mosquitoes) which was epidemic in our region. This viral fever has very serious during and after systemic complications especially Arthritis affecting almost all the joints of body known as Post viral arthritis. And my father in-law was more severely affected. For him, we had to consult many specialists to get rid of Chikanguniya. But unfortunately his post viral arthritis was converted into Rheumatoid Arthritis which needed medical attention. He became almost disease free after a yearlong treatment.

Amid this time I was pregnant for second time and brought forth my second youngster on 30 August 2018

During all this time our goal was always to go to Canada but unfortunately we couldn’t move away from our social responsibilities.

As industrial revolution is going on here, there is huge pollution influencing wellbeing of my family members. My elder child has suffered Pneumonia because of this contamination despite the fact that he has been vaccinated for that. So strength of my kids is straightforwardly influenced by any negative choice.

My elder child is currently of school going age (4 years old), so on the off chance that we are permitted to enter and remain in Canada, my children will experience childhood in Canadian culture which would be useful to both of my children to satisfy expectations and dreams for future life.

I have proof of events whenever possible.

So What would be my chances to getting PRTD on H&C ground. What would be processing time if I apply for PRTD? Should I apply for new application?

Please guide me in this matter.

Thank you.

Not great. There were many opportunities to return to Canada or even remain in Canada between your dental exams. You also have siblings who could have supported your family members as you returned to Canada. You also have the issue that none of your children are PRs. You can of course try for a PRTD. Processing time is many months. You may also want to see if you qualify for PR again. On top of that Canada has a surplus of dentist so finding jobs as dentist if you get licensed may be very difficult. Who will take care of your FIL? He may not get a visitor visa and that is only a temporary solution.

 

[nehamodha]

Hello,
if you read my post thoroughly i have mentioned that my siblings were not mature enough to take care of my family. And unfortunate event (Death of my mother in law) happened just in month of December 2013 just before my next examination in Feb 2014. And we were already short of time (to residency obligation) after the death of my father. All the circumstances mentioned were beyond our control. My elder son and my father in law have multiple entry visitor visa. And now my sister in law will be taking responsiblity of my father in law. And another query is can I apply for new application? And let me know how valid are my reasons for H&C ground?

 

[canuck78]

Hello,
if you read my post thoroughly i have mentioned that my siblings were not mature enough to take care of my family. And unfortunate event (Death of my mother in law) happened just in month of December 2013 just before my next examination in Feb 2014. And we were already short of time (to residency obligation) after the death of my father. My elder son and my father in law have multiple entry visitor visa. And now my sister in law will be taking responsiblity of my father in law. And another query is can I apply for new application? And let me know how valid are my reasons for H&C ground?

There were many instances where other family members could have taken the lead after 2014/2015. Yes if you don't get approved for PRTD you can always reapply for PR if qualify.

 

[nehamodha]

So, you have been outside Canada for 5 years and never really established yourselves in Canada when you were here?
Even on H&C grounds, your chances of getting a positive PRTD decision seem low. However, you should probably apply, as this is the only way that you might be able to sponsor your children in a timely fashion.

So, Do I need to renounce my existing PR status before applying for new application or Can I file new application directly?