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What are my chances of obtaining a PRTD

Beltex

Star Member
Jan 24, 2017
191
46
Category........
PNP
Visa Office......
London UK
Hi Guys,

Here is the deal.

We are a family with children currently aged 16 and 18. We landed for our PR at the end of 2010 and returned to our home country to sell property and wind up our business interests which we expected to take a couple of years to complete. We planned to move to Canada full time early 2013 which would have allowed us plenty of time to complete our RO. Unfortunately in January 2013 my wife's step father fell ill and died shortly afterwards. My wife felt she could not leave her elderly mother to cope on her own so soon after her husband's death so leaving for Canada was postponed. Now my wife's sister has stepped up to look after her mother and my wife is happy to return to Canada.

We would need to apply for PRTD on H&C grounds so an honest question; What are our realistic chances?
 

Beltex

Star Member
Jan 24, 2017
191
46
Category........
PNP
Visa Office......
London UK
I should add that I did set up a Canadian bank account in 2011 and have maintained it to date because its always been our intention to return to Canada as soon as we could.

Another question is the application for PRTD dealt with on an individual basis or as a family unit?
 

scylla

VIP Member
Jun 8, 2010
92,541
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You should post your question in the Permanent Residency Obligation section of the forum if you want the most answers.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Beltex said:
Hi Guys,

Here is the deal.

We are a family with children currently aged 16 and 18. We landed for our PR at the end of 2010 and returned to our home country to sell property and wind up our business interests which we expected to take a couple of years to complete. We planned to move to Canada full time early 2013 which would have allowed us plenty of time to complete our RO. Unfortunately in January 2013 my wife's step father fell ill and died shortly afterwards. My wife felt she could not leave her elderly mother to cope on her own so soon after her husband's death so leaving for Canada was postponed. Now my wife's sister has stepped up to look after her mother and my wife is happy to return to Canada.

We would need to apply for PRTD on H&C grounds so an honest question; What are our realistic chances?
My guess would be that CIC will not accept the H&C claim, and deny the PR TD request (leading to revoking your PR status).

Your H&C reasons do not account for initial 2+ years outside Canada which was your personal choice.
And for last 4 years, your wife's sister was also able to care for her mom so it will be tough to convince CIC your wife's continued stay there was absolutely required. H&C case would have a better chance if there were no other family members to take care of her mom.
And finally in order to use a medical reason of family member as H&C reason, you would be expected to show medical proofs of this. So if her mom had a specific medical condition that could be backed up by doctors assessments, hospital receipts, doctors recommendations for family support, specific instances of providing support, etc etc. Her simply being elderly, may not cut it.

Of course the only opinion that matters is that of the visa officer reviewing your file. They have discretion here and I've seen cases come out differently than expected, so you won't know the result until you try.

I should add that I did set up a Canadian bank account in 2011 and have maintained it to date because its always been our intention to return to Canada as soon as we could.

Another question is the application for PRTD dealt with on an individual basis or as a family unit?
Setting up a bank account is probably not very relevant, but no harm in mentioning it.

Not sure if PR TDs are applied as family or all sent individually.

Your children though would have good H&C reasons to keep their PR status since they were removed from Canada as minors. However I don't think this is much use to you if you and your wife's PRs were revoked.