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Rejection of P R T D visa application

Discussion in 'Permanent Residence in Canada' started by Venetia, Dec 7, 2019.

  1. Dear Sir,
    My husband , me n our son had got the PR status and we landed in Canada.in January, 2012 but because of certain circumstances I had to return to India along with my son in 2012 July .My parents illness forced me to return to India to stay with them as nobody was there to look after them. My brother was tooo busy to take care of my parents.My husband returned the following year in 2012 in dec.
    My husband returned back in 2016 dec aling with a job offer letter to Canada.
    He stayed for 732 days needed to stay in Canada and got his PR card in March 2019. He returned to India to take us back along with him in 2019 September. But we cannot go unless we apply for PR T D visa. We did apply under humanitarian and compassionate grounds on 9th Oct.2019.
    The reason for applying was that now though my parents are not turning younger or healthy but earlier my brother was unable to take care of my parents but now he has taken his responsibility and my parents are being looked after by my brother. They are now living with him.
    I have been livng away from my husband from 2016 dec right uptil 8th September 2019.
    He came to take us and we decided to move to Canada Permanently .
    We thought our PRTD visa willl be granted on H&C grounds as my husband has become a PR holder now.
    But the officer refused our PRTD visa and PR status.
    Reason being that we did not return after 12th July, 2012 right uptil today 7th Dec 2019.
    So our stay in Canada as of now is zero days .
    They didn't consider the 6 months I spent in Canada in 2012.
    According to them my period from 2013 right uptil dec, 2019.
    They are right in their research.....
    But they refused my PRTD and send me back my passport and rejection letter along with appeal form.
    Same kind of letter with same words they sent it to my young son who is just 115 years old along with the passport.
    I just wanted to ask the officer don't they have a family and don't they understand that how could they sent the same letter of refusal wordings to my son when he is unable to understand a word of that language.
    Why are they so hard hearted and they have no compassion they just simply follow rules and rule book.
    Thats not how life is led. Circumstances arent in our hands.
    Accepted that we did not meet the required criteria but my husband has become PR card holder after staying there.
    Now he wants to take his family his wife n son.
    Canada believes in building family life and family values.
    Supports family system.
    But today I am really sad and disappointed that our appeal for Prtd was denied and rejected and our passport was retturned back.
    Now my husband wil be forced to stay in India as he cannot go back leaving us behind.
    As it is we have seen such difficult days.
    My husband has also paid his taxes in Canada and given hisP R number as him aa proof and he has also paid my taxes but stilll we were denied visa.
    The officer could have made an exception and shown his kind gesture specially during this Christmas season
    And granted us the PR visa.now we have to appeal fo
     
  2. Your husband's status/paying taxes/PR card/blah blah is irrelevant. There is nothing hardhearted about it. They certainly do make exceptions based on H&C grounds a lot. You failed to meet the Residency Obligation and IRCC did not find that your reasons qualified under H&C grounds.

    As for your son's letter, what language did you expect it to be in? Canada's languages are English and French.

    This will started the process to revoke yours and your son's PR status. You can try appealing.
     
    k.h.p., Buletruck and soheilhs like this.
  3. You would have had a much better chance if you retained an experienced consultant in your PRTD application. You have been away for 6 continues years. The Officer made the right decision and now for you, IAD is the place to take your appeal to. IAD members also have the jurisdiction to consider H&C grounds on your file, so at this point try to retain an exprienced lawyer or consultant.

    Good luck with your application
     
  4. #4 Buletruck, Dec 7, 2019 at 8:32 PM
    Last edited: Dec 7, 2019
    You could renounce your PR status, your husband can return to Canada and sponsor you both again. Presto, you and your son can be PRs again and faster than appealing.
     
  5. I think an appeal will be a waste of time and will result in another refusal. It makes sense the PRTD was refused since you haven't been in Canada at all in the last five years. As others have suggested, it would be better if your husband sponsors you and your son for PR instead.
     
  6. Would imagine that the husband is now out of status because he only hit 732 days and has been in India. He would have to enter and wait until he met RO again. The fact that your brother was in India this whole time shows that there was someone close by that could care for your parents. You may have to hire some additional help during the daytime but he would be free in the evenings and weekend.

    RO becomes a running total after the first 5 years so at any time you must have been in Canada the 730 days in the past 5 years.
     
  7. Its sad that an officer revi
     
  8. When I said language Sir, I meant the words used in English only vocabulary used was something that only adults will understand how will an eleven year old understand the terminology of an adult.
    So my son tried reading his letter and there were so many things that he couldn't understand.
    I had to show n make him read the letter as it was addressed to him also.
    What is the meaning of H and C .
    It means becoz of some problems n circumstances we were unable to move to Canada earlier .
    We wanted to live in Canada thats the reason my husband applied n got P R .
    Status n number in 2012.
    But we couldn't stay for long as there were unforeseen family issues to be seen to So I had to return.
    The very fact that again my husband went back in dec 2016 and stayed back till September 2019 and got his PR card renewed and then came to take us and started the prtd process states that we are much interested to return back.....
    But we cannot unless we follow the r correct process.
    The fact that now my husband has got PR card and we thought its time what we have sacrificed staying away from my husband since 2016 dec to September 2019 abd a child staying away from his father from dec 2016 to September 2019 .
    Now we willl stay together as a family in one place in Canada.
    Dont the officers think and understand that yes we did not follow the procedure of The rules required for PR.
    Thats where H and C feelings come.....
    They could have given us a second chance not for my sake but for the sympathy of my son who wants to stay with his father in the place where his father is staying in Canada
    But by refusing our PRTD visa they have made things so difficult for us.....
    Now my husband has to think what to do next......
    Again it willl take months to see what can be done.....next.
    As it is the IRCC officers took 2 months to decide on our case.

    Thats the reason H and C criteria is jept
    And mine was a genuine concern which was overlooked by the officer concerned he didn't even think about a child's welfare and his being away from his father since 2016 and now we just wanted to live together as a family .
    In one place.
    Anyways God is good...
    Im not being philosophical here....
    But He willl lead us and guide us what is best for us We just have to have faith in Jesus .
    Amen
     
  9. When I said language Sir, I meant the words used in English only vocabulary used was something that only adults will understand how will an eleven year old understand the terminology of an adult.
    So my son tried reading his letter and there were so many things that he couldn't understand.
    I had to show n make him read the letter as it was addressed to him also.
    What is the meaning of H and C .
    It means becoz of some problems n circumstances we were unable to move to Canada earlier .
    We wanted to live in Canada thats the reason my husband applied n got P R .
    Status n number in 2012.
    But we couldn't stay for long as there were unforeseen family issues to be seen to So I had to return.
    The very fact that again my husband went back in dec 2016 and stayed back till September 2019 and got his PR card renewed and then came to take us and started the prtd process states that we are much interested to return back.....
    But we cannot unless we follow the r correct process.
    The fact that now my husband has got PR card and we thought its time what we have sacrificed staying away from my husband since 2016 dec to September 2019 abd a child staying away from his father from dec 2016 to September 2019 .
    Now we willl stay together as a family in one place in Canada.
    Dont the officers think and understand that yes we did not follow the procedure of The rules required for PR.
    Thats where H and C feelings come.....
    They could have given us a second chance not for my sake but for the sympathy of my son who wants to stay with his father in the place where his father is staying in Canada
    But by refusing our PRTD visa they have made things so difficult for us.....
    Now my husband has to think what to do next......
    Again it willl take months to see what can be done.....next.
    As it is the IRCC officers took 2 months to decide on our case.

    Thats the reason H and C criteria is jept
    And mine was a genuine concern which was overlooked by the officer concerned he didn't even think about a child's welfare and his being away from his father since 2016 and now we just wanted to live together as a family .
    In one place.
    Anyways God is good...
    Im not being philosophical here....
    But He willl lead us and guide us what is best for us We just have to have faith in Jesus .
    Amen
     
  10. If my husband wished us to continue staying in India then my husband wouldn't have returned back to canada in dec 2016 and stayed alone n faced alll the hardships for 2 n half years and then once he got his P R card n returned to take
     
  11. Why would you even give the letter to an 11 year old?? Seriously, that's ridiculous. You are the parent and it is entirely your responsibility.

    Again, IRCC did not find that you had credible H&C grounds. You and your spouse made the choices that you did and whatever impact that has on your child is your responsiblity. If you wanted your son to be with his father, he could have gone with him to Canada or your husband could have remained in your country.
     
    Copingwithlife and Buletruck like this.
  12. You basically have 2 choices. Stay in India or your husband can return to Canada and sponsor you and your son. That will take around 1 year. It sounds like your husband got lucky and was able to return in 2016 while not compliant with his RO so had already been shown compassion.
     

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