It sounds like your brother entered Canada using his landing document rather than applying for a PRTD. Is that right? If so, then he just needs to remain in Canada for two years without leaving - and then he'll be able to apply to renew his PR card. This would have been the right option for you as well. Unfortunately it's now too late since you applied for the PRTD and were refused. The appeal is your only hope now. Good luck.Earth2Mars said:
Returning to Canada as PR
- Thread starter Earth2Mars
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I don't understand the question. Anyone can apply for a PR TD if their PR card is lost or expired.Earth2Mars said:
Again the "forced by parents" excuse really only works when you're a minor. After you reach age of majority (so when you're 18-21 or so) you are able to make your own life decisions. Especially into your late 20s, it could be seen as your personal choice to keep following your father's wishes to stay outside Canada.
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Yes. The appeal process can take several years. During this time you can be issued 1-year validity PR cards while waiting. And you will have the same rights as other PRs while waiting meaning you can go to school or work wherever you like.
Sometimes establishing yourself firmly in Canada helps with the appeal process, as by the time your appeal is heard they will see you're committed to permanently living here.
Of course this is not guaranteed so if the appeal is lost, you lose PR status and your rights to work or go to school here without a proper visa. So basically you would have to drop your life in Canada and move back home unless you can find some other way to apply for PR independently afterwards.
You will not know for sure if an appeal will be successful until you actually try. Nobody here can say for sure, all we can share is how similar cases have resulted. You can do your own research of past appeals with people in your situation on the Canlii site: https://www.canlii.org/en/
Did he apply for a PR TD? Or did he just simply enter Canada?
He applied for PRTD and got approved. I did the same thinking I was the same case. I didn't do my research and was emotionally affected by him leaving, I have blown my chances with that.Rob_TO said:
I can't Believe that. I have been fighting for it for years and now I am not going anywhere. I don't have life not even in here. I would prefer to go to Canada and call it home with the little PR status I have got. A lawyer should make it work, right?
How old was your brother when he applied for a PRTD?Earth2Mars said:
A lawyer really can't do anything for you.
I would also ask how old he was when he submitted the PR TD application. Also if he submitted any additional H&C claims.Earth2Mars said:
H&C decisions though are often based largely on the feeling of the particular visa officer that happens to process the file. 2 identical files may get 2 different decisions just depending on who reviewed it.
A lawyer experienced with H&C cases should be able to offer guidance on how best to build a case for your appeal. However they can't guarantee a positive decision, that is entirely up to the appeals court.
He was 18 years old. The funny thing, I told him to go, he was not thinking about it. I told him I would need to finish first because I was one semester away.
That's why he was approved so easily. He applied in the right age range. Once you are over 21, the H&C route claiming you were removed as a minor doesn't work. We've even seen some 21 year olds refused here. So 18/19 is really the ideal age.Earth2Mars said:
Unfortunately you're too old by quite a number of years. You've been an adult for a long time now and can't argue that you haven't been able to move until now due to your parents.
Not even testifying ? My siings? My friends in Canada? My PR brother? That I was held against my will? Evidence of continuous contact and outreach with Canadian friends and activities?
I think this would be unfair if I would be denied given that I never chose any other route than what my father chose for me when I was 17, yet a minor then, my only choice back then would be steal money from him and apply and leave to Canada and forget having parents ever again. Not fair.
My gut tells me to go to Canada and I go in by land *LEGALLY* and stay until my appeal is being processed. Until then, I pursue my long time dream and hopefully finish aviation school and have this as evidence of my commitment. I'm in my early career choice life. I choose Canada, not where I am now.
I think this would be unfair if I would be denied given that I never chose any other route than what my father chose for me when I was 17, yet a minor then, my only choice back then would be steal money from him and apply and leave to Canada and forget having parents ever again. Not fair.
My gut tells me to go to Canada and I go in by land *LEGALLY* and stay until my appeal is being processed. Until then, I pursue my long time dream and hopefully finish aviation school and have this as evidence of my commitment. I'm in my early career choice life. I choose Canada, not where I am now.
Why don't you order your GCMS notes and then you can see why the Visa Office thought that it was reasonable to refuse your PRTD application. I also note that you have not posted up the reasoning in the actual refusal letter. It might be of benefit to do so, as the exact wording may convey extra information.Earth2Mars said:
You weren't held against your will. At any point when you reached legal age, you could have made your own choices, gotten a job and earned the money to return to Canada.Earth2Mars said:
How can I order those?zardoz said:
The exact reasoning was not meeting residency obligation of 730 days and H&C grounds were not compelling.
https://www.google.ca/search?&q=how+to+order+gcms+notesEarth2Mars said:
Hmm. "H&C grounds were not compelling" would appear to be within the range of reasonable outcomes.
Re:Visa application
Hi,
I would like to apply a visa would you help me, nice to hear from you soonest,.
Sincerely,
Perlita Ancheta
Hi,
I would like to apply a visa would you help me, nice to hear from you soonest,.
Sincerely,
Perlita Ancheta