travel document on H&C grounds /desperate for help

[adbob]

Hello all!
I am a 19 year old university student in Toronto. My mother and father are divorced and I am living with my father in Canada. I have a citizenship application (minor) in process which started more than a year ago together with my father's citizenship application. I got my PR in 2010 when I was 15. However I had to go back to my native country due to family issues which forced me to live with my mother. I came back to Canada last year and started at UoT. My PR has recently expired and I cannot renew it because I stayed in Canada much less than 2 yrs in the past 5 year period. Now I'm facing a TERRIBLE situation... My elder brother in my native country is unfortunately very ill. I need to see him and he needs to see me at least for a very short time and hope not for the last time... I've found out that I can try to come back to Canada thru applying for a travel document on H&C grounds if I travel to see my brother. Does anyone has an idea about my chances of getting a TD and how long it can take to get it? Please keep in mind that I have to come back to my university in Toronto to carry my studies on. Any tiny input or information will help me a lot. Thank you all.

 

[dpenabill]

Hello all!
I am a 19 year old university student in Toronto. My mother and father are divorced and I am living with my father in Canada. I have a citizenship application (minor) in process which started more than a year ago together with my father's citizenship application. I got my PR in 2010 when I was 15. However I had to go back to my native country due to family issues which forced me to live with my mother. I came back to Canada last year and started at UoT. My PR has recently expired and I cannot renew it because I stayed in Canada much less than 2 yrs in the past 5 year period. Now I'm facing a TERRIBLE situation... My elder brother in my native country is unfortunately very ill. I need to see him and he needs to see me at least for a very short time and hope not for the last time... I've found out that I can try to come back to Canada thru applying for a travel document on H&C grounds if I travel to see my brother. Does anyone has an idea about my chances of getting a TD and how long it can take to get it? Please keep in mind that I have to come back to my university in Toronto to carry my studies on. Any tiny input or information will help me a lot. Thank you all.

Since you are currently in Canada, it would be best to consult with a reputable, licensed legal professional about this before planning any departure.

Once abroad without a currently valid PR card, the presumption is that you are not a PR. Thus, traveling abroad is, at best, risky.

H&C cases can be tricky. The details matter, they matter a great deal. Lots of circumstances and elements of context matter. There are way, way too many factors in play for anyone in a forum like this to offer a reliable opinion. And, frankly, even a lawyer will not be able to offer anything near a guarantee.

My gut sense is that if you put together a good case, the risks can be reduced to well within a reasonable range. But that is merely my gut sense, and you really should talk to a lawyer about this, in detail, a paid for consultation (to get an opinion you can trust is based on an actual assessment of your situation).

Timeline for PR TD applications abroad vary considerably depending on which country you are in, which visa office you are dealing with, and so on. Obviously, in some parts of the world, the timeline can be much longer, and indeed, in some visa offices the risks are greater as well. Again, there are many, many factors involved and it is better to gather all your information and go to a lawyer to get at least a professional opinion.

 

[Alurra71]

Hello all!
I am a 19 year old university student in Toronto. My mother and father are divorced and I am living with my father in Canada. I have a citizenship application (minor) in process which started more than a year ago together with my father's citizenship application. I got my PR in 2010 when I was 15. However I had to go back to my native country due to family issues which forced me to live with my mother. I came back to Canada last year and started at UoT. My PR has recently expired and I cannot renew it because I stayed in Canada much less than 2 yrs in the past 5 year period. Now I'm facing a TERRIBLE situation... My elder brother in my native country is unfortunately very ill. I need to see him and he needs to see me at least for a very short time and hope not for the last time... I've found out that I can try to come back to Canada thru applying for a travel document on H&C grounds if I travel to see my brother. Does anyone has an idea about my chances of getting a TD and how long it can take to get it? Please keep in mind that I have to come back to my university in Toronto to carry my studies on. Any tiny input or information will help me a lot. Thank you all.

The biggest problem you will face with trying the 'removed as a minor' approach for a TD using H&C is the fact that you are already in Canada now. You came back already and chose to leave again, that is a decision you made as an adult and it is likely they won't hear your reasons. Also, if you leave and are denied a TD to return to Canada you are now not only risking your PR but also the citizenship application.

I wish I had some better advice to give you about what you should be doing, but I'm afraid your options are very limited in the current situation you have described.

 

[adbob]

The biggest problem you will face with trying the 'removed as a minor' approach for a TD using H&C is the fact that you are already in Canada now. You came back already and chose to leave again, that is a decision you made as an adult and it is likely they won't hear your reasons. Also, if you leave and are denied a TD to return to Canada you are now not only risking your PR but also the citizenship application.

I wish I had some better advice to give you about what you should be doing, but I'm afraid your options are very limited in the current situation you have described.

Thank you Alurra71. When I came back to Canada I was a minor. Would this make any change?

 

[torontosm]

Thank you Alurra71. When I came back to Canada I was a minor. Would this make any change?

Sorry to hear about your brother's health.

In response to your question, it unfortunately doesn't make a difference, and that was exactly Aluura71's point. You have already used that opportunity, and can not use the same excuse again if you voluntarily leave.

 

[adbob]

Thank you for your replies. I unfortunately need to go to see my brother and I need to come back to Canada in a short while to attend to my university. The only option I found is to cross the Canadian border by car. I'll show my passport and my landing documents together with my confirmation of PR paper. Any idea about the best and worst cases that I'll face at Canadian border with the officials? Any advice? Thank you all in advance.

 

[eileenf]

You should really speak to a lawyer because your ability to return and remain in Canada hangs on the particulars.

At least go to the legal clinic for U of T students: http://downtownlegalservices.ca/our-services/

 

[Rob_TO]

Thank you for your replies. I unfortunately need to go to see my brother and I need to come back to Canada in a short while to attend to my university. The only option I found is to cross the Canadian border by car. I'll show my passport and my landing documents together with my confirmation of PR paper. Any idea about the best and worst cases that I'll face at Canadian border with the officials? Any advice? Thank you all in advance.

If you are able to travel back via a US city close to the border, you can attempt to drive back across the border. You could show the CBSA officer your passport and COPR to prove you are a PR.

Best case scenario is they don't question you about your residency obligation, and simply let you into Canada.

Worst case scenario is they do question your RO, find you don't meet it, don't accept your H&C reason, and report you to CIC. In this case you'd still be allowed to enter Canada but would have to attend a meeting with CIC shortly after, during which they could decide to revoke your PR status due to RO.

It's impossible to say what will actually happen.