Guys, have joined this forum hearing great things about the valuable advice available.Please help me in my situation. I became PR in 2010 and landed with my husband and two sons. We stayed in canada for 2 months and returned to Pakistan. We were having family problems and as a result i returned to canada with my kids without my husband in 2011 and stayed for 8 months, got my license, children went to schools and have evidence of my residential address. My children then suffered from anxiety disorder which prompted me to return to Pakistan (have doctors certificate on my childrens condition primarily due to family disputes). My husband had by then moved to dubai and agreed to sponsor us and I have been living in Dubai since returning from canada. My husband still does not live with us but we are on his visa sponsorship. Now my husband has decided to move back to pakistan and refused to finance the childrens education any further. I've practically got nowhere to go. I'll can't live in dubai after my husband cancels the visa, don't have a home in pakistan and due to expired PR can't enter canada. Stuck in this situation i have applied for a PRTD on H&C grounds since my children's education and future is at stake. It has been 3 months since my application but no response. Can someone advise what are my chances to get a PRTD? On this forum some have advised that entry from US border is a better route. Should i withdraw my PRTD application and try the US route. What will be the affects of with drawing my PRTD application on my US entry chances and subsequent renewal pf PR. I know its a long read but request your opinion please. I am in a desperate situation here
PRTD on H&C grounds case
- Thread starter Sobr
- Start date
To me, it seems you stand very little chance to get anything on H&C grounds. First off, pretty sure that from their perspective your children could have been treated here in Canada. Secondly, choosing to follow your husband for working outside Canada instead of Canada suggests yet another reason that you did not really intend to settle here.
I agree with above, that most likely scenario is your PR TD will be denied and PR status will be revoked. This does not sound like true H&C case to me (of course ultimately it's up to CIC) Of course if this happens you can try to appeal the decision if you choose.
You can certainly try to cancel PR TD app, though it may already be in progress so your RO violation may already be noted and under investigation by CIC. So even withdrawing it now may not help.
If you did withdraw it successfully and tried to cross by land into Canada, there is a good chance again you would just be reported upon entry by CBSA for not meeting RO and end up in same situation.
If you made it into Canada without being reported, you would then need to stay in Canada 2 straight years before you could apply to renew PR card.
There are too many variables here to know what you should do. Ultimately you should prepare for the reality that your PR status may be gone soon.
You can certainly try to cancel PR TD app, though it may already be in progress so your RO violation may already be noted and under investigation by CIC. So even withdrawing it now may not help.
If you did withdraw it successfully and tried to cross by land into Canada, there is a good chance again you would just be reported upon entry by CBSA for not meeting RO and end up in same situation.
If you made it into Canada without being reported, you would then need to stay in Canada 2 straight years before you could apply to renew PR card.
There are too many variables here to know what you should do. Ultimately you should prepare for the reality that your PR status may be gone soon.
Sobr said:
Keep in mind that all we are giving here are opinions, as i said only CIC can determine if your H&C evidence you submitted with your PRTD app is suitable to be approved. None of us here can say for sure what will happen if you continue with the PRTD app.
Sobr said:
If you apply your sons now, it's likely that they'll be rejected given that they are minors and have no other relatives in Canada (unless they do). When they reach 18, they could apply for a PRTD under H&C for having been removed as a minor and being a dependent. That is if they don't change the law by the time they reach that age.
If you want to push through with H&C and appeal, your best chance is to play on a.) the unecessary suffering your children will go through given that you guys have no other home and your husband has abandoned you, and b.) how the rejection of your H&C will directly affect your children given that they have no where else to go and Canada is their only chance, and you would have to be with them since they are minors.
Hire a lawyer if you can afford it. If you can't, I suggest you read up on previous cases posted online and find one similar to your case and read what made them lose or win. I feel you, I really do. Which is why I don't want to shoot you down just yet. If you really want this, you have options. You just have to work them to the best of your ability.
I noticed PRTD cases take longer in places around Saudi, Dubai, etc. I don't know why, but it probably just takes a while in that area given the large influx of asylum/refugees applying for permanent residence.
Here's a link to all the public cases: http://www.canlii.org/en/ca/irb/nav/date/2016_01.html
algdantes said:
If the current PRTD in process is denied now then the children's PR status will be revoked (assuming any appeal is also denied). So it will be impossible for them for apply for PRTD when they turn 18, since they will not be PRs at that time.
Dear Algdantes, I feel so much better after your response. It gives me strength to fight it through. Irrespective of the outcome I want to thank you sincerely for understanding my situation and offering such detailed advice and support. May god bless you wherever u go.
Guys i have been denied PRTD on H&C grounds. Not giving up yet I will appeal. They give two choices, one over phone and other in person for which I need to apply for PRTD. I need your help in deciding whether applying to travel to Canada to appeal in person would improve my chances. If they allow me to come to canada for appeal, how long will it take approximately. Secondly instead of applying to IAD for a PRTD for in person hearing, is it better that i cross from US border for the appeal. How long is the process, please advise, thanks in advance
I am in the same situation as yours .
what happened of your case .
Any update on your case will be very helpful for me
I have a very different situation.
I have spent a total of 11 months in Canada after I landed as PR. I came back to Canada in June Last year and applied for renewal of my PR card in July 2022 on H&R Grounds (specifying my wives medical treatment being underway in home country) and her spousal application taking long time.
My gc key says application received on 21 july 2022. After that i am yet to receive any update. Now after waiting for that long I am planning to return to Canada via land border .
what are the possible scenarios I can witness and what I need to say to the immigration officer at the port of entry . My wife has a Valid PR Card and she would be travelling with me.
Thank you
I have spent a total of 11 months in Canada after I landed as PR. I came back to Canada in June Last year and applied for renewal of my PR card in July 2022 on H&R Grounds (specifying my wives medical treatment being underway in home country) and her spousal application taking long time.
My gc key says application received on 21 july 2022. After that i am yet to receive any update. Now after waiting for that long I am planning to return to Canada via land border .
what are the possible scenarios I can witness and what I need to say to the immigration officer at the port of entry . My wife has a Valid PR Card and she would be travelling with me.
Thank you
Do you both meet RO? How many years had you spent in Canada as a PR when you applied for PR card Newell based on H&C?
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