PRTD on H&C Grounds

[saurabh54]

Hi There,

I would be filing my PRTD application on H & C grounds from Delhi, as wasnt able to meet residency obligation in last 5 years, my younger brother has a serious medical condition was hospitalized few times and i have to support my family here. Then the worldwide COVID pandemic restarined me from moving back and my PR card got expired in May 2021.

Would like to know what should i mention in my work history when i was in india, working for some local employerin India in my same feild IT Related job or supporting my family and not working. I want to get some weigh my applcation on H&C grounds.

I was working all the time for a candian employer when i was in canada. I only accumulated 259 days in canada last 5 years.

Would appriciate any suggestions and anyother suggestions to include in my application.
Best Rgds

 

[scylla]

Hi There,

I would be filing my PRTD application on H & C grounds from Delhi, as wasnt able to meet residency obligation in last 5 years, my younger brother has a serious medical condition was hospitalized few times and i have to support my family here. Then the worldwide COVID pandemic restarined me from moving back and my PR card got expired in May 2021.

Would like to know what should i mention in my work history when i was in india, working for some local employerin India in my same feild IT Related job or supporting my family and not working. I want to get some weigh my applcation on H&C grounds.

I was working all the time for a candian employer when i was in canada. I only accumulated 259 days in canada last 5 years.

Would appriciate any suggestions and anyother suggestions to include in my application.
Best Rgds

Working outside of Canada is generally not considered or accepted as an H&C reason for failing to meet RO.

I would focus on the fact that your younger brother had a serious medical condition that required you to remain with him and not return to Canada. You'll want to provide doctor's notes / hospitalization records and also show there was no one else available to take care of him (e.g. no other siblings in India, both parents deceased or not living in India, etc.).

 

[saurabh54]

Thanks for your quick revert and clarifying doubt regarding the work history.

he is suffering from serious phsycological medical condition, and i do have my old parents here, but they want me here as it was really tough time for the whole family and whole family was counseled by docs. For sure, i will be attaching all docs notes, hospitalization records and everything.

Also can you suggest how to also highlight the fact for global pandemic.

 

[scylla]

Thanks for your quick revert and clarifying doubt regarding the work history.

he is suffering from serious phsycological medical condition, and i do have my old parents here, but they want me here as it was really tough time for the whole family and whole family was counseled by docs. For sure, i will be attaching all docs notes, hospitalization records and everything.

Also can you suggest how to also highlight the fact for global pandemic.

I see. It will be a more difficult argument to make if your parents were there to support him. But by all means try.

I can't comment on how to highlight the global pandemic.

Good luck.

 

[saurabh54]

Appriciate it, Thanks

 

[canuck78]

Would also add the other issue will be that proof that he has recovered and is stable and when that happened. Some serious psychological conditions will be lifelong and hard to control so if he is not stable you will need to describe why you can return to Canada now. Covid flights from India were available almost all throughout covid so that wouldn’t be a reason

 

[armoured]

Covid can certainly be a reason even if flights are or were available throughout. As with other reasons, it is not a guarantee that IRCC will accept the reason as sufficient to grant H&C - will likely be considered along with other factors. (In this case for example less weight as the absence is most of the last five years...)

But absolutely an applicant can and should request that if/when the Canadian government itself is warning to minimize or not travel at all, as well as imposing constraints on flights and conditions like quarantine on arrival, etc, that is a reason that should be considered in the context of an H&C app.

 

[saurabh54]

Covid can certainly be a reason even if flights are or were available throughout. As with other reasons, it is not a guarantee that IRCC will accept the reason as sufficient to grant H&C - will likely be considered along with other factors. (In this case for example less weight as the absence is most of the last five years...)

But absolutely an applicant can and should request that if/when the Canadian government itself is warning to minimize or not travel at all, as well as imposing constraints on flights and conditions like quarantine on arrival, etc, that is a reason that should be considered in the context of an H&C app.

Thats actually my point, can not justify as COVID as an excuse for not going to Canada, but certainly it is a concern and you wouln't want to risk yourself with that.

I already wrote an email to CIC customer service having some calrity with the Covid restrictions, they simply told me

"
The Government of Canada is closely monitoring the novel coronavirus (COVID-19) and any impacts on IRCC clients.

If you are outside Canada without a valid permanent resident card and you need to obtain a Permanent Resident Travel Document (PRTD) to travel back to Canada on a commercial vehicle (e.g., plane, train, boat or bus), we invite you to follow the applicable instructions in the Permanent residents page."

So its still speculative, but definately would like to add that in my H&C application, it was certainly a factor.

 

[saurabh54]

Would also add the other issue will be that proof that he has recovered and is stable and when that happened. Some serious psychological conditions will be lifelong and hard to control so if he is not stable you will need to describe why you can return to Canada now. Covid flights from India were available almost all throughout covid so that wouldn’t be a reason

There is no proof that he is actually 100% recovered. Just can say he is quite stable, this is the best we can say atleast.

Absolutely its a lifelong condition, but I'm not sure how you can justify that that he is 100% recovered and would not relapse again. Certainly if he reapleses, i would be there to come back to help him out, He is my my family and i will do my best to support him. I'm not sure if Canada wants the person to cut the ties with him home country when you move to Canada, These are certain condition's which are out of your control and to consider these grounds they have H & C grounds.

Flights were there, but would you take that risk to expose yourself to the unknown enemy when half of the world was underlockdown and which have swept over 4.8 million people so far.

 

[armoured]

So its still speculative, but definately would like to add that in my H&C application, it was certainly a factor.

You certainly can include it in your PRTD application. It's my belief that it will be taken into consideration, both on original consideration and on appeal (if it ever comes to that).

But 'taken into consideration' does not mean that it will be accepted as sufficient (at either stage), even combined with your other matters. No-one can tell you that.

 

[Neuro]

There is no proof that he is actually 100% recovered. Just can say he is quite stable, this is the best we can say atleast.

Absolutely its a lifelong condition, but I'm not sure how you can justify that that he is 100% recovered and would not relapse again. Certainly if he reapleses, i would be there to come back to help him out, He is my my family and i will do my best to support him. I'm not sure if Canada wants the person to cut the ties with him home country when you move to Canada, These are certain condition's which are out of your control and to consider these grounds they have H & C grounds.

Flights were there, but would you take that risk to expose yourself to the unknown enemy when half of the world was underlockdown and which have swept over 4.8 million people so far.

https://chat.whatsapp.com/CKEZXrSQTHR3ysJBHExOqU

 

[Neuro]

There is no proof that he is actually 100% recovered. Just can say he is quite stable, this is the best we can say atleast.

Absolutely its a lifelong condition, but I'm not sure how you can justify that that he is 100% recovered and would not relapse again. Certainly if he reapleses, i would be there to come back to help him out, He is my my family and i will do my best to support him. I'm not sure if Canada wants the person to cut the ties with him home country when you move to Canada, These are certain condition's which are out of your control and to consider these grounds they have H & C grounds.

Flights were there, but would you take that risk to expose yourself to the unknown enemy when half of the world was underlockdown and which have swept over 4.8 million people so far.

Saurabh ,

Hi There,

I would be filing my PRTD application on H & C grounds from Delhi, as wasnt able to meet residency obligation in last 5 years, my younger brother has a serious medical condition was hospitalized few times and i have to support my family here. Then the worldwide COVID pandemic restarined me from moving back and my PR card got expired in May 2021.

Would like to know what should i mention in my work history when i was in india, working for some local employerin India in my same feild IT Related job or supporting my family and not working. I want to get some weigh my applcation on H&C grounds.

I was working all the time for a candian employer when i was in canada. I only accumulated 259 days in canada last 5 years.

Would appriciate any suggestions and anyother suggestions to include in my application.
Best Rgds

हेलो सौरभ जी ऊपर वाले दिए गए व्हाट्सएप लिंक पर ज्वॉइन करें आपको अपनी पी आर वापस मिल सकती है आपके जैसे बहुत सारे लोगों को पी आर डी मिला है कुछ लोगों की तो 5 या 6 साल पहले खत्म हुई पी आर वापस मिल गई है इस फोरम पर यह लोग कोई खास अच्छी सलाह नहीं देते

 

[canuck78]

There is no proof that he is actually 100% recovered. Just can say he is quite stable, this is the best we can say atleast.

Absolutely its a lifelong condition, but I'm not sure how you can justify that that he is 100% recovered and would not relapse again. Certainly if he reapleses, i would be there to come back to help him out, He is my my family and i will do my best to support him. I'm not sure if Canada wants the person to cut the ties with him home country when you move to Canada, These are certain condition's which are out of your control and to consider these grounds they have H & C grounds.

Flights were there, but would you take that risk to expose yourself to the unknown enemy when half of the world was underlockdown and which have swept over 4.8 million people so far.

Canada allows a lot of flexibility when moving to Canada with RO of 2 out of 5 years but eventually it does require a commitment. If you think you will need to play an active role in supporting your sibling for the rest of your life than moving to Canada may not be your best option.

 

[saurabh54]

Canada allows a lot of flexibility when moving to Canada with RO of 2 out of 5 years but eventually it does require a commitment. If you think you will need to play an active role in supporting your sibling for the rest of your life than moving to Canada may not be your best option.

Absolutely agree to that, and certainly i'm comitted to canada as have spent over 6 years in Canada in last 10 years as a Student and then as a Temprory worker in Canada, its just wasnt able to reside in canada for 2 years in period of last 5 years, is it justifiable that last 5 years can show my comittement towards Canada, even Citizen also counts half the time spent as a temprory resident/student within Canada.

 

[scylla]

Absolutely agree to that, and certainly i'm comitted to canada as have spent over 6 years in Canada in last 10 years as a Student and then as a Temprory worker in Canada, its just wasnt able to reside in canada for 2 years in period of last 5 years, is it justifiable that last 5 years can show my comittement towards Canada, even Citizen also counts half the time spent as a temprory resident/student within Canada.

Unfortunately only time after you became a PR is counted towards the RO for PR card renewals.

However if you are applying under H&C, then you should certainly use all of the arguments you can. I would focus on your brother's condition as the strongest argument. COVID/working abroad is not as strong an argument.

Good luck and let us know how it turns out.