PRTD Refused, Need to Enter Canada by June 2024 to Attend Son's Wedding - Next Steps?

[tanjih96]

Hello,

My father did not satisfy his PR residency obligations and is currently outside Canada. He was physically present in Canada for 0 days in the last 5 years. We applied for a PRTD on humanitarian and compassionate grounds which was refused. The refusal letter mentions that we have 60 days to appeal this decision.

I am a Canadian citizen and planning my wedding in June 2024. The main reason we decided to apply for this PRTD right now was so that my father can attend my wedding. However, he would prefer to have the flexibility to be able to travel out of Canada after attending my wedding. What do you recommend will be the best steps to take next given our situation?

I would also really appreciate if you have any opinions on the following questions I have.

1. Is it worth appealing the PRTD refusal? How long does it usually take to get a hearing date? My father's attendance at my wedding is my main priority.

2. To apply for a visitor visa now, does he need to renounce his PR first? Is his PR already lost, or will it be lost after the 60 days?

3. How easy/difficult is it to get a visitor visa after a PRTD is refused?

4. What is a good amount of bank balance that will help my father get a visitor visa for one month of stay in Canada? Can I show my Canadian bank balance to reinforce my father's foreign bank balance in the visitor visa application?

Thanks in advance!

 

[Simba112]

Hello,

My father did not satisfy his PR residency obligations and is currently outside Canada. He was physically present in Canada for 0 days in the last 5 years. We applied for a PRTD on humanitarian and compassionate grounds which was refused. The refusal letter mentions that we have 60 days to appeal this decision.

I am a Canadian citizen and planning my wedding in June 2024. The main reason we decided to apply for this PRTD right now was so that my father can attend my wedding. However, he would prefer to have the flexibility to be able to travel out of Canada after attending my wedding. What do you recommend will be the best steps to take next given our situation?

I would also really appreciate if you have any opinions on the following questions I have.

1. Is it worth appealing the PRTD refusal? How long does it usually take to get a hearing date? My father's attendance at my wedding is my main priority.

2. To apply for a visitor visa now, does he need to renounce his PR first? Is his PR already lost, or will it be lost after the 60 days?

3. How easy/difficult is it to get a visitor visa after a PRTD is refused?

4. What is a good amount of bank balance that will help my father get a visitor visa for one month of stay in Canada? Can I show my Canadian bank balance to reinforce my father's foreign bank balance in the visitor visa application?

Thanks in advance!

1. With 0 day spent in Canada, I don't see other argument to overturn the decision. It is not worth it.
2. Officer will determine/ decides whether your father is no longer a permanent resident. Usually after inquiry or appeal of PRTD following refusal. More likely officer will wait for the 60days to lapse and complete the process. Once this happens, he can apply for visitor visa. Curious, what was your father pathway to become a PR?
3. I cant speculate the easy or hard, it depends on supporting documentation and processing officer
4. Yes you can show your bank balance and his. No harm to do so. Not sure how much, but enough to cover his stay in Canada for 30days

 

[tanjih96]

1. With 0 day spent in Canada, I don't see other argument to overturn the decision. It is not worth it.
2. Officer will determine/ decides whether your father is no longer a permanent resident. Usually after inquiry or appeal of PRTD following refusal. More likely officer will wait for the 60days to lapse and complete the process. Once this happens, he can apply for visitor visa. Curious, what was your father pathway to become a PR?
3. I cant speculate the easy or hard, it depends on supporting documentation and processing officer
4. Yes you can show your bank balance and his. No harm to do so. Not sure how much, but enough to cover his stay in Canada for 30days

Thanks Simba112 for the reply!

We do not want to wait 60 days to apply for the visitor visa. We want to apply for it immediately. Should his next step be renouncing his PR then?

About his pathway, we became PR together back in 2013 but he had to leave Canada due to some family issues. He is still the only caregiver for his father back home, so he would still prefer the flexibility to travel back and forth between home and Canada.

 

[Simba112]

Thanks Simba112 for the reply!

We do not want to wait 60 days to apply for the visitor visa. We want to apply for it immediately. Should his next step be renouncing his PR then?

About his pathway, we became PR together back in 2013 but he had to leave Canada due to some family issues. He is still the only caregiver for his father back home, so he would still prefer the flexibility to travel back and forth between home and Canada.

So I assume he became PR under Economic Pathway and not as Conventional Refugee. Voluntary renouncing could be an option here...

Voluntarily giving up (renouncing) permanent resident status
We won’t change your PR status automatically and we’ll always inform you of the change.
In some cases, you may decide you don’t want to be a PR of Canada anymore. For example, you may want to renounce your PR status in the following situations:

• You have not met your residency obligations by being outside of Canada for a long period of time.
• You plan to visit Canada and want to avoid the processing delays from a formal assessment of your PR status when you arrive.

In these cases, you may not be able to enter Canada until your PR status is resolved either by applying for a PRTD or by voluntarily giving up (renouncing) your PR status.

 

[canuck78]

Thanks Simba112 for the reply!

We do not want to wait 60 days to apply for the visitor visa. We want to apply for it immediately. Should his next step be renouncing his PR then?

About his pathway, we became PR together back in 2013 but he had to leave Canada due to some family issues. He is still the only caregiver for his father back home, so he would still prefer the flexibility to travel back and forth between home and Canada.

Are your parents married and where is your mother? How much time did he spend in Canada after landing as a PR or did he leave right after coming to Canada and never lived or worked in Canada? How old were you when you landed?

 

[tanjih96]

Are your parents married and where is your mother? How much time did he spend in Canada after landing as a PR or did he leave right after coming to Canada and never lived or worked in Canada? How old were you when you landed?

My parents got divorced in 2018 and that's the main reason he decided to not return at the time. He was physically present in Canada for 369 days between 2013 to 2016. I was 17 when we landed.

 

[YVR123]

My parents got divorced in 2018 and that's the main reason he decided to not return at the time. He was physically present in Canada for 369 days between 2013 to 2016. I was 17 when we landed.

Trying to think out of the box, does he already have US visitor visa? If so, he could try to travel vai US and cross the land border.

He will be allowed to enter eve if he is being reported for not meeting his RO ( 0 days in last 5 years is a very high chance of being reported).

Then he could choose to just give up his PR status. And he may or may not get visitor visa in the future but at least he will be able to enter the ONE important time that you mentioned.

Alternative, host another celebration in your home country. May be better for your dad... after the divorce and not seeing your mother for so long.

edited: Missed that he already got refusal of his PRTD with H&C... never mind. The crossing US land border won't work in this case.

 

[tanjih96]

Trying to think out of the box, does he already have US visitor visa? If so, he could try to travel vai US and cross the land border.

He will be allowed to enter eve if he is being reported for not meeting his RO ( 0 days in last 5 years is a very high chance of being reported).

Then he could choose to just give up his PR status. And he may or may not get visitor visa in the future but at least he will be able to enter the ONE important time that you mentioned.

Alternative, host another celebration in your home country. May be better for your dad... after the divorce and not seeing your mother for so long.

edited: Missed that he already got refusal of his PRTD with H&C... never mind. The crossing US land border won't work in this case.

Thanks for your comment YVR123! Unfortunately he does not have a US visitor visa. It is seeming to me that renouncing his PR immediately and applying for a Canadian visitor visa is the only practical option.