Travel Docuement for PR holder / H&C

[bahaar]

Hi,

My father`s PR who is 80 years old has expired in 2018 and he is outside Canada. He has not fulfilled RO. Can someone here help me with a good argument that I can put forward for IRCC to grant him travel document to return to Canada?
He is living by him self outside Canada. My mother and all his children are here in Canada and Canadian Citizens. We don't want to apply for super visa and want him to keep his PR status and come to Canada.
would being old and not being able to take care of himself due to health issue grant H&C consideration?

 

[k.h.p.]

What are the reasons why he did not come back to Canada?

Being old and not able to take care of himself is not a good argument when he's living on his own.

 

[bahaar]

My sister who sponsored him was not able to provide a place for both him and my mother at the time but now her circumstances has changed and she can take care of both of them.

Can we argue a case of family reunification?

 

[k.h.p.]

The argument is not "why is he returning now" but "why did he not return earlier."

 

[bahaar]

can circumstances of his sponsor be a point?

 

[k.h.p.]

He needs to answer why he was not able to return to Canada. That's the point of H&C considerations.

Better care available in Canada is certainly an element that can be considered, but the first question that will be asked is "why did he not try to return sooner." If the answer is just that he didn't want to, then the case is harder to make.

 

[bahaar]

He did not come earlier:

1- unemployment of his sponsor
2- his sponsor was taking care of her cancer patient sister
3- his sponsor was under treatment for depression

I am just not too sure if his sponsor circumstances will be considered as part of H&C.

 

[k.h.p.]

In my opinion, those are not reasons why he could not return. But I could totally be wrong - and my opinions are worth about as much as any other random internet stranger.

A PR has the responsibility to ensure that they meet the RO. The status of their sponsor is no reason why they could not return to Canada.

Reasons generally accepted for H&C include things like care of a child, care of parents - by the PR outside the country - or otherwise things like war, natural disaster, etc.

 

[bahaar]

This is what we planning to do:

Apply for TRD and argue H&C , if rejected not to appeal but denounce his PR and my mother files an application of sponsorship for him.

Does this sound reasonable?

 

[k.h.p.]

I'm not a lawyer. Can't tell you.

 

[bahaar]

In my opinion, those are not reasons why he could not return. But I could totally be wrong - and my opinions are worth about as much as any other random internet stranger.

A PR has the responsibility to ensure that they meet the RO. The status of their sponsor is no reason why they could not return to Canada.

Reasons generally accepted for H&C include things like care of a child, care of parents - by the PR outside the country - or otherwise things like war, natural disaster, etc.

I appreciate your input and online brain storming with me.

 

[k.h.p.]

This is what we planning to do:

Apply for TRD and argue H&C , if rejected not to appeal but denounce his PR and my mother files an application of sponsorship for him.

Does this sound reasonable?

If your mother was sponsored by you, it may be challenging for her to sponsor him.

 

[bahaar]

I'm not a lawyer. Can't tell you.

haha.. lawyers are over rated! we paid $300 for a visit to one of the most prestigious immigration law firm and all that we got out of the consultation appointment was a retainer email that they sent us for 1,500$ just to submit a PRD application. No real advise or recommendation!

 

[k.h.p.]

Them wanting to charge you that much is a good indication that they think it will fail. It's their polite way of telling you to not bother.

 

[bahaar]

If your mother was sponsored by you, it may be challenging for her to sponsor him.

usually spouse sponsorship is easier and faster. At least this is my understanding. maybe I am mistaken.