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PRTD refusal - residency obligation

Naturgrl

VIP Member
Apr 5, 2020
39,680
8,164
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.
But given mother doesn’t have a US visa, has to apply for one and be approved, it may just be easier and simpler to do spousal sponsorship.
 
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bricksonly

Hero Member
Mar 18, 2018
433
54
But given mother doesn’t have a US visa, has to apply for one and be approved, it may just be easier and simpler to do spousal sponsorship.
Of cause, that's the reason most here agree. A spousal application is 100%. Just cost some time. It's much quicker than appealing with lots of uncertainty
 
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Ponga

VIP Member
Oct 22, 2013
10,085
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Another vote for her applying for Outland Spousal Sponsorship.

Even if her PRTD had been approved, she would have to wait a long time to be able to apply for a new PR Card. Being a PR in Canada without a valid PR Card (initially) makes life very difficult, if a PR needs a DL, provincial health care, etc., so Spousal Sponsorship certainly seems to be the best and only real option.
 
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armoured

VIP Member
Feb 1, 2015
15,463
7,876
Admin note here: she cannot apply until she is no longer a PR, and that basically means IRCC taking care of the administrative part. Complicated further by the current strike.

Personally I would consider completing and sending in the paperwork to renounce to ensure getting the confirmation that no longer a PR, and use the intervening time to prepare the spousal app. I cannot say if this is actually a better option than just waiting though. I recall having seen someone wait for the confimration that no longer a PR for a couple of months, and - to be clear - this is an infrequent enough situation that I won't claim to know for certain of the steps needed.
 

shawnnn

Newbie
Apr 22, 2023
7
0
thankyou all for your responses. I have a question. After 60 days, if my mom don't appeal the prtd refusal, her PR status will automatically be revoked. Is it possible to start the spouse PR application again and after getting the acknowledgement of receipt. can my mom apply for a tourist visa and come to Canada? While her spouse application is in process, can she stay in Canada as a visitor?
 

bricksonly

Hero Member
Mar 18, 2018
433
54
thankyou all for your responses. I have a question. After 60 days, if my mom don't appeal the prtd refusal, her PR status will automatically be revoked. Is it possible to start the spouse PR application again and after getting the acknowledgement of receipt. can my mom apply for a tourist visa and come to Canada? While her spouse application is in process, can she stay in Canada as a visitor?
Has no idea how long they will take to revoke your mom's pr status, that's why armoured suggests a paper application at the same time to make sure you can apply visitor visa or spousal or application. You can't make both if your mom's pr status is not revoked. But I do remember there is a online portal to revoke PR. Check how to revoke Canadian pr yourself.
 

armoured

VIP Member
Feb 1, 2015
15,463
7,876
can my mom apply for a tourist visa and come to Canada? While her spouse application is in process, can she stay in Canada as a visitor?
Once she is no longer a PR, she can apply for a tourist visa. If she gets approved, she can come to visit. She can stay as long as she is allowed to, including requesting extensions etc (which usually means can stay). Note, there is the possibility that she would not be allowed to enter if clearly intending to stay. But worry about that aspect after getting the tourist visa.
 

shawnnn

Newbie
Apr 22, 2023
7
0
Hello everyone,
If we have decided not to appeal the PRTD refusal,
My question is, Is it possible to apply for spouse sponsorship now or do we have to wait 60 days from the date of refusal in order to submit the new sponsorship application?
 

armoured

VIP Member
Feb 1, 2015
15,463
7,876
Hello everyone,
If we have decided not to appeal the PRTD refusal,
My question is, Is it possible to apply for spouse sponsorship now or do we have to wait 60 days from the date of refusal in order to submit the new sponsorship application?
You have to either a) wait for the appeal period to expire AND IRCC to actually revoke the PR status, OR b) you might be able to speed the process up somewhat by renouncing the PR status (there's a form and procedure). Don't know how long this will take in either case, but likely a couple of months either way. You can try to contact the visa section from which the refusal was issued, but as you likely know, getting responses is not easy.