Returning to Canada as PR

[Earth2Mars]

Hello,

I landed with my parents in 1998. My parents decided to leave Canada and I was 9 years old.
I applied for PRTD and I was refused with the ability to appeal the decision. I am sending my appeal papers.

I have Record of Landing (IMM1000), expired Health card and my SIN card.
Will I be allowed to enter Canada by land?
If I was allowed to get it, will this affect my appeal process? or my stay in Canada while processing appeal? I assume that I have been reported, will this affect my SIN card, my PR title and status?

Thank you,

 

[scylla]

Yes - you should be able to enter Canada by land using your record of landing.

Note that it's pretty much certain your appeal will be refused. Appeals such as yours are typically only successful if an individual applies for a PRTD while they are in their late teens or very very early twenties (20 or 21). Once the appeal is refused, you will be forced to leave Canada and your SIN, health card number, etc. will no longer be valid. If you want to settle in Canada, I would recommend you start researching Canada's economic immigration programs since the most likely outcome is that you're going to formally lose your PR status and will have to reapply from scratch. Good luck.

 

[zardoz]

Hello,

I landed with my parents in 1998. My parents decided to leave Canada and I was 9 years old.
I applied for PRTD and I was refused with the ability to appeal the decision. I am sending my appeal papers.

I have Record of Landing (IMM1000), expired Health card and my SIN card.
Will I be allowed to enter Canada by land?
If I was allowed to get it, will this affect my appeal process? or my stay in Canada while processing appeal? I assume that I have been reported, will this affect my SIN card, my PR title and status?

Thank you,

When you applied for the PRTD, did you request that H&C consideration be given, based on being removed as a minor?

 

[Earth2Mars]

Hello,

Yes. I did. I was forced out of Canada by my parents when I was 9 years old. and then when I was 17 after finishing high school, my father never allowed me to return to Canada under any circumstances until I have finished my university degree. I graduated a month ago and before I did I applied for the PRTD explaining all of this, I provided proof that I was tied to university obligations and that my father wanted me to study here and I could not possibly leave on my own (no money on me). Now I can, and this is the my first ever chance for me to choose what I wanted in my life, and I choose to leave to Canada to study aviation and stay there. I was refused a week ago.

I am confident that I can provide enough evidence for this during appeal. I have had no way of leaving to Canada on my own, applying was not possible because I was prevented to do so.

I thought being in Canada can show my desire to stay and be integrated in Canada as I will be studying for a year for a commercial pilot license and stay with my brother who is a PR.

 

[zardoz]

Hello,

Yes. I did. I was forced out of Canada by my parents when I was 9 years old. and then when I was 17 after finishing high school, my father never allowed me to return to Canada under any circumstances until I have finished my university degree. I graduated a month ago and before I did I applied for the PRTD explaining all of this, I provided proof that I was tied to university obligations and that my father wanted me to study here and I could not possibly leave on my own (no money on me). Now I can, and this is the my first ever chance for me to choose what I wanted in my life, and I choose to leave to Canada to study aviation and stay there. I was refused a week ago.

I am confident that I can provide enough evidence for this during appeal. I have had no way of leaving to Canada on my own, applying was not possible because I was prevented to do so.

I thought being in Canada can show my desire to stay and be integrated in Canada as I will be studying for a year for a commercial pilot license and stay with my brother who is a PR.

Hmm, this may actually make it less likely to win the appeal. As H&C has already been considered, the appeal would need to focus on mistakes in that consideration, rather than it not being considered at all. We were suspecting that these types of PRTD application were getting harder. Please let us know how it all works out for you.

 

[Earth2Mars]

I think H&C grounds are reviewed during appeal, since I think and is obvious that they were not weighed into considerations.
I applied on the my first earliest possible chance. My father was unfair to have held me back from going all this time and I could not have possibly gone by myself.


I would like to know if my IMM1000 would let me in Canada by land. am I going to be illegal? is this going to be looked down upon for my appeal? Am I going to be entitled to join a school or work while waiting for my appeal.

I really really really want to live in Canada (I have connections there for long years with aviation communities and friends living there), I have no idea how I could show this desire in me at my stage other than stating them with documents that show me staying in one spot for one thing and then right after choosing to go back on my own.

 

[scylla]

Yes. I did. I was forced out of Canada by my parents when I was 9 years old. and then when I was 17 after finishing high school, my father never allowed me to return to Canada under any circumstances until I have finished my university degree. I graduated a month ago and before I did I applied for the PRTD explaining all of this, I provided proof that I was tied to university obligations and that my father wanted me to study here and I could not possibly leave on my own (no money on me). Now I can, and this is the my first ever chance for me to choose what I wanted in my life, and I choose to leave to Canada to study aviation and stay there. I was refused a week ago.

Unfortunately I still think the appeal is very unlikely to succeed. Again, if you were 21 year old or under, the chances would be excellent. But you're 27 or 28 by my calculations. That's very old for an H&C application under these circumstances. Good luck - hope something works out for you.

 

[Rob_TO]

Hello,

Yes. I did. I was forced out of Canada by my parents when I was 9 years old. and then when I was 17 after finishing high school, my father never allowed me to return to Canada under any circumstances until I have finished my university degree. I graduated a month ago and before I did I applied for the PRTD explaining all of this, I provided proof that I was tied to university obligations and that my father wanted me to study here and I could not possibly leave on my own (no money on me). Now I can, and this is the my first ever chance for me to choose what I wanted in my life, and I choose to leave to Canada to study aviation and stay there. I was refused a week ago.

Schooling and money issues are in most cases not accepted as valid H&C reasons to not meet the RO. They are seen as personal choices.

In previous cases of minors removed from Canada, they were able to keep PR status on H&C grounds due to returning to Canada very soon after reaching age of majority.

You will find it very hard to convince an appeals board you were under your parents control still into your late 20s. Due to this, I also agree an appeal is most likely to be rejected. However ultimately the final choice is up to the appeals court.

 

[canuck_in_uk]

I landed with my parents in 1998. My parents decided to leave Canada and I was 9 years old.
I applied for PRTD and I was refused with the ability to appeal the decision. I am sending my appeal papers.

How old are you?

You say you landed in 1998 but haven't actually said what year you left Canada.

 

[zardoz]

I think H&C grounds are reviewed during appeal, since I think and is obvious that they were not weighed into considerations.
I applied on the my first earliest possible chance. My father was unfair to have held me back from going all this time and I could not have possibly gone by myself.


I would like to know if my IMM1000 would let me in Canada by land. am I going to be illegal? is this going to be looked down upon for my appeal? Am I going to be entitled to join a school or work while waiting for my appeal.

I really really really want to live in Canada (I have connections there for long years with aviation communities and friends living there), I have no idea how I could show this desire in me at my stage other than stating them with documents that show me staying in one spot for one thing and then right after choosing to go back on my own.

H&C grounds may be reviewed during the appeal but they will already have been taken into consideration during the initial PRTD application, especially after you have confirmed that they were identified at that time. Unless the appeal identifies that the visa office made a mistake in law or did not correctly process the H&C factors, a negative determination has already been made on the H&C grounds.

 

[Earth2Mars]

Schooling and money issues are in most cases not accepted as valid H&C reasons to not meet the RO. They are seen as personal choices.

In previous cases of minors removed from Canada, they were able to keep PR status on H&C grounds due to returning to Canada very soon after reaching age of majority.

You will find it very hard to convince an appeals board you were under your parents control still into your late 20s. Due to this, I also agree an appeal is most likely to be rejected. However ultimately the final choice is up to the appeals court.

How could someone possibly be able to apply for PRTD on their own?
I find it very difficult to accept that my grounds are not solid. My university study was forced by my father, I did not change schools or move to different countries or anything. And I applied right before I finished. Like exactly right before I finished not after a while or after work experience to be seen as personal choice. No way I could find the money to support myself or join a university in Canada. No possible way.
I am so saddened by this...

There is no why I could go through more years where I am now.

Is it possible to enter Canada by land and actually estaish myself in a flight school, flight instructor job, while processing my appeal?

This is actually unfair. My brother just went right in. Watching him do that was devastating. :'(

 

[Earth2Mars]

How old are you?

You say you landed in 1998 but haven't actually said what year you left Canada.

My parents removed me about a month later. I was 9 years old.

 

[scylla]

My parents removed me about a month later. I was 9 years old.

So you're around 27 years old now?

 

[scylla]

Is it possible to enter Canada by land and actually estaish myself in a flight school, flight instructor job, while processing my appeal?

You can join a school or take a job while you wait out the appeal process. However as soon as the appeal is refused, you'll be ordered to leave Canada and will have to do so or face removal.

 

[Earth2Mars]

You can join a school or take a job while you wait out the appeal process. However as soon as the appeal is refused, you'll be ordered to leave Canada and will have to do so or face removal.

Yes. 27.

Ok thank you for your responses. I wish I hadn't felt too confident and never applied before I attempted to enter. Well, I think Canada is over for me.