PRTD H&C grounds- Different Case

[nehamodha]

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.

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

We are nuclear family and don't have very close relatives to support for long term. And I have sufficient proofs about all the mentioned events. I could have been planned my child birth over there. But it was also not possible due to social circumstances.

 

[canuck78]

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

And I have sufficient proofs about all the mentioned events. I could have been planned my child birth over there. But it was also not possible due to social circumstances.

Would you have met the residency requirements to receive healthcare coverage? You never qualified for healthcare based on the fact that you never remained in a province for 6 months. You would need to stay for 6 months or you could be asked to repay any funds used. All provinces would need you to qualify again for healthcare coverage and some provinces have a 3 month wait period so people can't arrive and use the health system right away.

You may have sufficient proof but there are long periods between events. You could have returned for a year here and there. Other families have to return home for deaths or family emergencies but return a few weeks or a month later. Sometimes one spouse stays but the other spouse returns to work in Canada. You established a life in India. I assume your husband was working, you had 2 children and it seems like you may have spent a few months maximum in Canada in 2013/2014 which is 5+ years ago. You could have even tried to return last year. Canada has vaccination programs as well. Now that your child is school aged you seem to want to return to Canada. I encourage you to apply for PRTD on H&C to see what happens. If you are refused you will have the option to appeal and if refused again you will lose your PR and you can apply again. When applying for PRTD based on H&C you have to show that there was no other family member who could have helped in the situation and that you were needed for ongoing medical care. You will need records like hospitalizations. doctors visit describing that the person is seriously ill or dying, etc. In terms of funerals and marriages those will not be accepted as a reason that you couldn't return to Canada for a full year.

 

[nehamodha]

Would you have met the residency requirements to receive healthcare coverage? You never qualified for healthcare based on the fact that you never remained in a province for 6 months. You would need to stay for 6 months or you could be asked to repay any funds used. All provinces would need you to qualify again for healthcare coverage and some provinces have a 3 month wait period so people can't arrive and use the health system right away.

You may have sufficient proof but there are long periods between events. You could have returned for a year here and there. Other families have to return home for deaths or family emergencies but return a few weeks or a month later. Sometimes one spouse stays but the other spouse returns to work in Canada. You established a life in India. I assume your husband was working, you had 2 children and it seems like you may have spent a few months maximum in Canada in 2013/2014 which is 5+ years ago. You could have even tried to return last year. Canada has vaccination programs as well. Now that your child is school aged you seem to want to return to Canada. I encourage you to apply for PRTD on H&C to see what happens. If you are refused you will have the option to appeal and if refused again you will lose your PR and you can apply again. When applying for PRTD based on H&C you have to show that there was no other family member who could have helped in the situation and that you were needed for ongoing medical care. You will need records like hospitalizations. doctors visit describing that the person is seriously ill or dying, etc. In terms of funerals and marriages those will not be accepted as a reason that you couldn't return to Canada for a full year.

Regarding healthcare coverage and childbirth I was ready even for paying the hospital fees but our SOCIAL circumstances were not in favor. We were 5 family members - my husband, in-laws (3 members). After the death of my mother in law and marriage of my sister in law we were only 3 members left in family. And my father in law has health issue for which only we had to take care about him. There were no family to support him. And if we could have returned or make here and there - in such circumstances who would give us jobs with so many in between leaves! And we had not completed our Dentistry licensing process, so no jobs in Canada. So my husband has to continue earning in India compulsorily.

And my first child was born on May 2015. and second child was born on August 2018. There were many unfortunate events that if we could have shifted to Canada, we could not stay more than 2-3 months there in between.

And we were in assumption that we would have sufficient time after 2016 that we could meet the residency obligation even to extend/continue our PR status. And just before few month my father in law has become good in his health. So now we decided to move there. Hope our destiny favors us.

 

[canuck78]

Regarding healthcare coverage and childbirth I was ready even for paying the hospital fees but our SOCIAL circumstances were not in favor. We were 5 family members - my husband, in-laws (3 members). After the death of my mother in law and marriage of my sister in law we were only 3 members left in family. And my father in law has health issue for which only we had to take care about him. There were no family to support him. And if we could have returned or make here and there - in such circumstances who would give us jobs with so many in between leaves! And we had not completed our Dentistry licensing process, so no jobs in Canada. So my husband has to continue earning in India compulsorily.

And my first child was born on May 2015. and second child was born on August 2018. There were many unfortunate events that if we could have shifted to Canada, we could not stay more than 2-3 months there in between.

And we were in assumption that we would have sufficient time after 2016 that we could meet the residency obligation even to extend/continue our PR status. And just before few month my father in law has become good in his health. So now we decided to move there. Hope our destiny favors us.

Your priorities don't necessarily coincide with what Canada feels are acceptable reasons not to meet RO. When planning only to relocate at the end of your RO you risk not being able to meet the very lenient RO. There was plenty of time to meet the RO between 2013-2018 but you prioritized only moving when your were licensed dentists and then prioritize social obligations. Yes there were some health events but tha wasn't the majority of the time. These were your personal choices so now you will likely have to apply for PR again.

 

[21Goose]

You should apply for a PRTD under H&C grounds. If you get denied (as is likely), then you go through the whole process again.

If by some lucky chance you get a PRTD, you come to Canada and stay put for two years.

 

[Buletruck]

You’ll also have to figure out what to do about your children if you do get a PRTD. They may not necessarily get a TRV to come to Canada. They may have to remain in India while you sponsor them.

 

[nehamodha]

You’ll also have to figure out what to do about your children if you do get a PRTD. They may not necessarily get a TRV to come to Canada. They may have to remain in India while you sponsor them.

my children already have multiple entry TRV

 

[nehamodha]

You’ll also have to figure out what to do about your children if you do get a PRTD. They may not necessarily get a TRV to come to Canada. They may have to remain in India while you sponsor them.

My children already have multiple entry TRV.