Seeking Advice: PRTD Application from India while in Breach of Residency Obligation

[sam_99]

Hello
I am looking for some realistic advice on my situation. I know I am in breach of the residency obligation, and I want to know how an IRCC officer will look at my PRTD application. Here are my exact dates:

• PR Status Opened: December 2020
• First Landing: January 10, 2021
• Departed Canada: May 2021 (Stayed ~4 months)
• Second Entry: July 2024
• Second Departure: October 2024 (Stayed ~3 months)
• Current Location: India (PR Card is now expired)

By my calculations, I only have around 120–130 days physically spent in Canada over the last 5 years. My first stay in early 2021 falls completely out of the rolling 5-year window if I apply today.

My Questions:

1. PRTD via H&C: My children are 5 and 6 years old and they are Canadian Citizens. Can I successfully apply for a PRTD by heavily emphasizing the "Best Interests of the Child" (BIOC)? What kind of proof do I need to show that keeping them out of Canada or separating us causes extreme hardship?
2. Has anyone with Canadian citizen minors successfully overturned a massive residency obligation breach from India recently?

Thank you in advance for your insights.

 

[Naturgrl]

Where are your children? They cannot have hardships if not living in Canada now because what would their hardships be if not living in Canada. They are 5 & 6 so not sure why they can't grow up in India.

 

[canuck78]

Hello
I am looking for some realistic advice on my situation. I know I am in breach of the residency obligation, and I want to know how an IRCC officer will look at my PRTD application. Here are my exact dates:

• PR Status Opened: December 2020
• First Landing: January 10, 2021
• Departed Canada: May 2021 (Stayed ~4 months)
• Second Entry: July 2024
• Second Departure: October 2024 (Stayed ~3 months)
• Current Location: India (PR Card is now expired)

By my calculations, I only have around 120–130 days physically spent in Canada over the last 5 years. My first stay in early 2021 falls completely out of the rolling 5-year window if I apply today.

My Questions:

1. PRTD via H&C: My children are 5 and 6 years old and they are Canadian Citizens. Can I successfully apply for a PRTD by heavily emphasizing the "Best Interests of the Child" (BIOC)? What kind of proof do I need to show that keeping them out of Canada or separating us causes extreme hardship?
2. Has anyone with Canadian citizen minors successfully overturned a massive residency obligation breach from India recently?

Thank you in advance for your insights.

How are your children Canadian? Have they spent their whole lives in India? Where is the other parent?

 

[sam_99]

Where are your children? They cannot have hardships if not living in Canada now because what would their hardships be if not living in Canada. They are 5 & 6 so not sure why they can't grow up in India.

They are in Indai

How are your children Canadian? Have they spent their whole lives in India? Where is the other parent?

Where are your children? They cannot have hardships if not living in Canada now because what would their hardships be if not living in Canada. They are 5 & 6 so not sure why they can't grow up in India.