PRTD refusal - residency obligation

[shawnnn]

Hi guys,
we are in a really pathetic situation here and I need your advice. My mom came to Canada as a PR in 2009 and lived in Canada for 2 years. In 2011, she and my sister returned to our home country due to personal and family issues. My mom's PR card expired in 2017. My sister was a Canadian citizen and had no problems returning to Canada. My sister, my dad, and I are currently settled in Canada and all are Canadian citizens. Now, my mom wanted to return back to Canada and since she had an expired PR card she was advised by an immigration consultant to apply for PRTD [as she was technically a PR] based on the humanitarian and compassionate category to which she did. Few days back, she received her prtd refusal stating that she did not meet the residency obligations (unable to satisfy 2 out of 5 years in Canada). She was given the option to appeal the case within the next 60 days else her PR will be revoked as per what I heard. My question is,
1.) Is it worth to appeal the PRTD refusal? If yes, how long is the waiting time for the court hearing?
2.) Or is it a better option to wait for 60 days, wait for her PR status to get revoked and start the spouse sponsorship from the scratch? But i checked the processing time is around 16 months.

Please help as we are in a desperate situation. Thankyou in advance.

 

[scylla]

Hi guys,
we are in a really pathetic situation here and I need your advice. My mom came to Canada as a PR in 2009 and lived in Canada for 2 years. In 2011, she and my sister returned to our home country due to personal and family issues. My mom's PR card expired in 2017. My sister was a Canadian citizen and had no problems returning to Canada. My sister, my dad, and I are currently settled in Canada and all are Canadian citizens. Now, my mom wanted to return back to Canada and since she had an expired PR card she was advised by an immigration consultant to apply for PRTD [as she was technically a PR] based on the humanitarian and compassionate category to which she did. Few days back, she received her prtd refusal stating that she did not meet the residency obligations (unable to satisfy 2 out of 5 years in Canada). She was given the option to appeal the case within the next 60 days else her PR will be revoked as per what I heard. My question is,
1.) Is it worth to appeal the PRTD refusal? If yes, how long is the waiting time for the court hearing?
2.) Or is it a better option to wait for 60 days, wait for her PR status to get revoked and start the spouse sponsorship from the scratch? But i checked the processing time is around 16 months.

Please help as we are in a desperate situation. Thankyou in advance.

Your mother has been outside of Canada for over a decade. I would go with option #2. IMO it will be very hard to make an argument for an appeal.

 

[bricksonly]

Never apply for prtd, use us land Poe as backdoor is much easier for returning PR

 

[shawnnn]

Never apply for prtd, use us land Poe as backdoor is much easier for returning PR

But the problem is, my mom dont have a US visa or a valid PR card. What can be done in this case?

 

[armoured]

But the problem is, my mom dont have a US visa or a valid PR card. What can be done in this case?

In that case, no choice - apply for PRTD (unless you think getting a US visa will be quicker).

 

[Naturgrl]

In that case, no choice - apply for PRTD (unless you think getting a US visa will be quicker).

PRTD already has been refused. Question was whether to appeal or apply for spousal sponsorship. Option 2 is the only option.

 

[bricksonly]

As your Mom has applied prtd and got refused, just accept it but do spouse application again. Just my personal feel.
The lawyer is no good. As your father is citizen, he can go back to your homeland to take a job, and your mom apply for prtd until she meets ro...Then everything turns smooth.

 

[shawnnn]

PRTD already has been refused. Question was whether to appeal or apply for spousal sponsorship. Option 2 is the only option.

Since we all three of us are settled here will there be a higher chance if we appeal the decision under h&c through an immigration lawyer?

 

[shawnnn]

As your Mom has applied prtd and got refused, just accept it but do spouse application again. Just my personal feel.
The lawyer is no good. As your father is citizen, he can go back to your homeland to take a job, and your mom apply for prtd until she meets ro...Then everything turns smooth.

ETA for spousal sponsorship is around 16 months. Since my mom was already a PR before, is there a chance for the process to be quicker? or is it the same timeline for all cases?

 

[Buletruck]

If you and your father has been settled here for sometime, what would the hardship be if you haven't been together for an extended period of time? Probably none In The eyes of IRCC. Id suggest get a U.S. visa, enter Canada as a PR (soon) and do an inland spousal sponsorship.

 

[shawnnn]

If you and your father has been settled here for sometime, what would the hardship be if you haven't been together for an extended period of time? Probably none In The eyes of IRCC. Id suggest get a U.S. visa, enter Canada as a PR (soon) and do an inland spousal sponsorship.

thanks for the reply. But even tho if my mom was able to get a US visitor visa, how is it possible for her to enter Canada as she doesnt have a valid PR card?She needs a valid PR card to enter canada and also her PRTD has been refused as i mentioned before.

 

[bricksonly]

thanks for the reply. But even tho if my mom was able to get a US visitor visa, how is it possible for her to enter Canada as she doesnt have a valid PR card?She needs a valid PR card to enter canada and also her PRTD has been refused as i mentioned before.

As a pr, your mom does not need a valid pr card to enter Canada by land entry with private vehicle. If you want your mom to come as early as possible, try appeal and apply for us visa at the same time. But the bad thing is, maybe to get us visa is as difficult as your appeal prtd refusal, if not more difficult as India nationals.

 

[armoured]

PRTD already has been refused. Question was whether to appeal or apply for spousal sponsorship. Option 2 is the only option.

Ah yes, mea culpa.

I go along with @scylla here - pointless to appeal if out of Canada and apart for a decade. Spousal sponsorship.

 

[Naturgrl]

thanks for the reply. But even tho if my mom was able to get a US visitor visa, how is it possible for her to enter Canada as she doesnt have a valid PR card?She needs a valid PR card to enter canada and also her PRTD has been refused as i mentioned before.

She cannot enter through the US without PR. Since PRTD has been refused, coming through the US is not an option.
Her husband can sponsor her so that is the best route.

 

[bricksonly]

She cannot enter through the US without PR. Since PRTD has been refused, coming through the US is not an option.
Her husband can sponsor her so that is the best route.

During her mom's appealing, her mom is still pr, thus still qualified to enter Canada with pr status. Refused prtd applicants can choose appeal or give up. You can also fight a remove order. It's only Ircc's intention, not the final result.