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prtd rejected..got a notice for appeal ..please help!

dpenabill

VIP Member
Apr 2, 2010
6,252
3,018
My questions is if we got prtd under h&c do we have to stay in Canada for 2 years for getting pr card .??
There should be rather little risk in making an application for a new PR card after arriving and SETTLING in Canada following the receipt of a PR Travel Document which EXPLICITLY is based on H&C reasons. Odds are good a new card will be issued so long as the underlying facts in the PR TD and PR card applications are both consistent and, of course, accurate.

If it is NOT clear the reason for granting the PR TD was H&C reasons, the prudent approach would be to wait to apply for the new card only after living in Canada for two years within the previous five. And to be cautious about the duration or frequency of traveling abroad in the meantime.

And remember, of course a PR must always have spent TWO of the last FIVE years in Canada to be in compliance with the PR RO. An H&C decision can, in some respects, start the clock again, but any lengthy absence after the H&C decision can invite a PR RO compliance examination and the decision-maker is NOT totally obligated to do a calculation based on actual compliance as of the date of the H&C determination.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,759
As far as i know you just need to renew it once you are there.
Given that you have to be compliant with the 2 out of 5 rule at any time it would be a good idea to stay for 2 years. You likely won't get another chance if you don't make your RO so be cautious.
 

mahtab54

Full Member
Feb 3, 2015
21
1
Hello everyone,
I have a question. I have applied for the PRTD on H&C grounds and unfortunately IRCC rejected it due to not meeting Residency obligations. I am going to submit an appeal to the IAD. there is two questions:
1- Can I enter to Canada from US border while I have submitted my appeal?
2- and, I should apply for submitting an appeal by the lawyer? Can I submit by myself when I am out of Canad or by my relatives within Canada?
Thank you in advance for your reply
 

Jasskaur102

Star Member
Dec 7, 2018
147
2
29
Your age is definitely the reason. If you had applied for the PRTD when you were still in your teens, that would have guaranteed approved.

You can certainly appeal. But keep in mind that education reasons are not accepted as a reason for failing to meet the residency requirement. If you are trying to argue that you should be allowed to keep your PR status because you were removed from Canada as a child, then this argument really only works if you tried to revive your PR status as soon as you became an adult. Unfortunately you waited too long. I think your chances of success are probably less than 50%.

Having said that, by all means give it a go and appeal. You have nothing to lose. Provide as much evidence as you can about why you were unable to apply for the PRTD sooner. The process is not short. I would count on many months to over a year.

Good luck - hope it works out for you.
M eighteen years old . I hv same story but my prtd is also refused.they give me right to appeal.will i need to appeal,?is there any chances of successful result.
 

Buletruck

VIP Member
May 18, 2015
6,667
2,521
There is a chance for a successful appeal, but how good a chance is impossible to say. Apart from your age, significant weight is given your establishment and ties to Canada. How long did you remain in Canada after you and your parents landed in 2006.
 

Jasskaur102

Star Member
Dec 7, 2018
147
2
29
There is a chance for a successful appeal, but how good a chance is impossible to say. Apart from your age, significant weight is given your establishment and ties to Canada. How long did you remain in Canada after you and your parents landed in 2006.
2 or 3 months...actually i m thinking for student visa..nd i have recieved my offer letter for sep intake..can i apply for student visa now?..m totally confused this time!...how much tym it take to give decision if i appeal for prtd..?please tell me which is better for student visa or prtd?if prtd appeals would take time then i will apply for student visa because i had completed my 12thgrade 2018 and i want to study in canada?but now m totally confused ,please tell me the right path! Please reply soon
Also my offer letter's validity will expire in feb so i have less tym to take decision .also tell me can i apply for student visa now
 

Buletruck

VIP Member
May 18, 2015
6,667
2,521
It can take a year or more for the appeal process. If you plan to apply for a student visa, you will either need to renounce now or wait until the revocation takes effect after the 30 days. Not sure how long the process would take before it would show up in the system as no longer being a PR.
 

Jasskaur102

Star Member
Dec 7, 2018
147
2
29
2 or 3 months...actually i m thinking for student visa..nd i have recieved my offer letter for sep intake..can i apply for student visa now?..m totally confused this time!...how much tym it take to give decision if i appeal for prtd..?please tell me which is better for student visa or prtd?if prtd appeals would take time then i will apply for student visa because i had completed my 12thgrade 2018 and i want to study in canada?but now m totally confused ,please tell me the right path! Please reply soon
Also my offer letter's validity will expire in feb so i have less tym to take decision
It can take a year or more for the appeal process. If you plan to apply for a student visa, you will either need to renounce now or wait until the revocation takes effect after the 30 days. Not sure how long the process would take before it would show up in the system as no longer being a PR.
can i process my offer letter now? I have wasted my whole year in this prtd.now it is only the chance for me!
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,759
can i process my offer letter now? I have wasted my whole year in this prtd.now it is only the chance for me!
As previous replied you have to renounce your PR before you can apply for a study permit. If that is what you want to do you can go ahead. 'not sure what grounds you would really have for appeal given that your only possible argument would be that you were removed as a minor.
 

Jasskaur102

Star Member
Dec 7, 2018
147
2
29
As previous replied you have to renounce your PR before you can apply for a study permit. If that is what you want to do you can go ahead. 'not sure what grounds you would really have for appeal given that your only possible argument would be that you were removed as a minor.
Approximately how much time it take to renounce pr status.i want to start my study there as soon as possible
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,759
Approximately how much time it take to renounce pr status.i want to start my study there as soon as possible
A few weeks maximum. Submitting a study permit can take a few weeks to a few months so I would start the process if that is your plan. You can gather the documents required and write your statement of purpose while you wait.
 

Jasskaur102

Star Member
Dec 7, 2018
147
2
29
A few weeks maximum. Submitting a study permit can take a few weeks to a few months so I would start the process if that is your plan. You can gather the documents required and write your statement of purpose while you wait.
I am a medical student.i completed my 12th in 2018 and also scored 7bands in june 2018 . Is may intake is available for any 2 years course ?or only sep intake is possible?
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,759
Canada doesn't have streaming when it comes to secondary school. Yes there should be 2 year degrees that start in May. Had you not been accepted into a program before applying for prtd?
 

Jasskaur102

Star Member
Dec 7, 2018
147
2
29
Canada doesn't have streaming when it comes to secondary school. Yes there should be 2 year degrees that start in May. Had you not been accepted into a program before applying for prtd?
Yes but that is for sep intake. I also had applied for 2 more offer letters and the i also recieved it but there validity is expired now to file. So i has only one offr lettr that is for sep intake. I want to go to canada and want to start my studies as soon as possible.so i want to take may intake.