PRTD Rejected....what do i do now??????

[AmyM]

Hi Guys,

I applied for the prtd through the embassy here in Kenya and my application was rejected. My pr card expired in dec 2015 and was last in canada in 2012. I live here with my husband and two kids. My daughter is 5 and she is a canadian citizen by birth.

I have 60 days to file the appeal but in the meantime what are my options? My parents and sister are canadian citizens. I have a valid visa to the US and was thinking of crossing by land with my husband and kids.

Guys what do you think?

 

[scylla]

It's too late to cross by land to keep your PR status since your PRTD has been refused. This would only have been an option if you had not applied for a PRTD. At this point your only option is to appeal if you want to save your PR status. Based on your past posts, it's unlikely an appeal will succeed since you don't have H&C reasons for having failed to meet the residency requirement.

You should expect that the appeal will be refused and may want to start investigating what it will take to apply for PR from scratch.

Good luck.

 

[Rob_TO]

Hi Guys,

I applied for the prtd through the embassy here in Kenya and my application was rejected. My pr card expired in dec 2015 and was last in canada in 2012. I live here with my husband and two kids. My daughter is 5 and she is a canadian citizen by birth.

I have 60 days to file the appeal but in the meantime what are my options? My parents and sister are canadian citizens. I have a valid visa to the US and was thinking of crossing by land with my husband and kids.

Guys what do you think?

You don't meet the Residency Obligation, and you don't have any valid H&C reason, so your PR TD was correctly rejected.

As mentioned you can choose to appeal if you want. However since you made a personal decision to remain outside Canada all this time, the most likely scenario is that your appeal would be rejected and your PR status will be officially revoked. Your Canadian parents/sister and daughter should not have any impact on the appeal decision, it was still your personal decision to not meet the RO.

You can attempt to travel into Canada by land if you wanted to wait in Canada during the appeal. If your husband and other child are not PRs also they will need a TRV approved to travel to Canada by land or air. And while waiting for the appeal you can't sponsor anyone so your husband would only be able to stay as a visitor and unable to work. If the appeal is rejected, you'll be asked to leave Canada.

 

[Buletruck]

Keep in mind that time spent in Canada at this point will no longer count towards RO until you appeal is decided. And unless your husband and youngest child already have a TRV/ETA, I would suspect that IRCC will be in no hurry to issue them one at this point. Personally, I doubt IRCC will make it easy for them to enter Canada until the appeal is decided.

 

[rish888]

Once you appeal you and your family can enter Canada by land. CBSA will have to let you in (as you are still a PR until the IAD rules) While in Canada, you can live as a PR. (but cannot do certain things like sponsor etc) Should your appeal be unsuccessful, you will be issued a departure order and will need to leave Canada in 30 days.

 

[Buletruck]

Once you appeal you and your family can enter Canada by land.

Unless the husband and youngest child have a PR or TRV/ETa (and it doesn't sound that way) CBSA does not have to let those particular family members into Canada. Only the mother and oldest daughter have that right. Another consideration is the information sharing between the US and Canada. If she is flagged by IRCC as under appeal, there is a possibility the US will deny her entry as well.........my 2 cents.

The other thing to consider is whether it is really worthwhile to split a family for an extended period during an appeal, that with no obvious H&C reasons is most likely to fail. Why appeal something you will most likely loose anyway.

 

[rish888]

Unless the husband and youngest child have a PR or TRV/ETa (and it doesn't sound that way) CBSA does not have to let those particular family members into Canada. Only the mother and oldest daughter have that right. Another consideration is the information sharing between the US and Canada. If she is flagged by IRCC as under appeal, there is a possibility the US will deny her entry as well.........my 2 cents.

The other thing to consider is whether it is really worthwhile to split a family for an extended period during an appeal, that with no obvious H&C reasons is most likely to fail. Why appeal something you will most likely loose anyway.

The choice is up to the OP.

Entry to Canada by land is subject to proper papers of course.