Aviator

A PR cannot make a H & C application, presumably your son would have to relinquish his PR status first? One still has PR status, even failing to meet the residency requirements, or an expired PR card does not cancel PR.

I am with Christmas on this one. Your son had PR, chose to leave the country for education and work in the UK. Now an adult (21) has decided he would like to come back to Canada, but has failed to (voluntarily) meet the residency requirements. He survived in the UK by himself, nor suffering persecution. If he were a m minor or had a wife and children living here, that would put is a different perspective on it, as it would cause emotional suffering.

As an adult he is in a situation of his own making. At worst it would be upsetting. There is always a chance, but I would think and H & C has little chance of success.

Arty

Hi Aviator,I have been informed that he can apply for a Permanent Resident Travel Document Application citing H&C Factors.Also on the IRCC website in the Policy section it say's clients should not be counselled to renounce their Permanent Resident status. That they may be given the various options open to them but that clients shouldn't be encouraged to choose one option over the other.
Its a long shot but one of two options open to us.This way is easier and cheaper ,we definitely can sponsor him so we have no issues there.

Thanks for your reply.
Art & Family

PMM

Hi

1. Okay so he applies for PRTD and is refused. Does he intend to appeal the decision? If so, by the time he gets to the Appeal stage at the IRB he will be over 22, (there is about 18 months or so to get to the appeal stage)
2. If he loses the Appeal, then he can't be sponsored as he will have aged out.

Arty

[QUOTE=PMM;12413314]Hi

Hi Pmm,If it gets rejected or the wait time is to excessive then we will withdraw the application and go down the sponsorship

Aviator

Quoting CIC
'You may not apply for H&C consideration if you:

• are a Canadian citizen,
• a permanent resident'

https://www.canada.ca/en/immigration...derations.html


How does one get around this if a person has PR and does not renounce it?

Vulcanoid

The page you're looking at is for people who wish to become PRs. If you are already a PR, or citizen, you cannot become one this way (or any way).

This is not the same as people applying for a PR Travel Document (which by definition is only done by PRs). H&C is one of the reasons people can use to explain their lack of compliance with the Residency Obligation (https://www.canada.ca/en/immigration...-document.html).

Arty

Hello all , I am not an expert and that is why I have came on here to figure out a course of action.
I have been informed that it is possible for us to appeal for an extension to his PR , If we can prove exceptional circumstances .
Cheeky Monkey I believe did the exact same thing for her daughter and two ircc consultants have also confirmed this can be done.I have also spoken in depth to an Immigration Officer who has said it is possible to go down this road.
As you know I am no expert in this and I am just hoping that this works out rather than going through the sponsor route.


Cheers
Art and Family

Vulcanoid

On a technical level, he could request a PRTD to allow him to travel to Canada and continue as a PR, despite not meeting the RO, on humanitarian & compassionate grounds. The link for that is directly above.

On a practival level, he will need to prove as part of this:
"I wanted to do a qualification over several years in another country that won't be recognised in Canada, and then I promise I'll move to Canada once I've done it" is an extremely weak case to try to argue he meets the requirements.

If he wanted to live in Canada (which his actions strongly suggest he doesn't), he should have chosen to move back earlier, when he chose not to. His choice as an adult is relevant here. If he's now changed his mind, the most likely course for success is to renounce his status, and be re-sponsored while he can be.

The choice is his and yours, although I can't imagine why you'd go for the very unlikely appeal over the very likely sponsorship.

Arty

Many thanks for your helpful advice .

Cheers
Arty and Family

carcajou

The young adult in question has to make his own choices, and accept responsibility for those choices. Reading the thread I am not sure if this is a case of him actually wanting to live in Canada, or OP wanting him to live in Canada.

If he doesn't want to live in Canada - if this does get sorted, you are going to be in the same situation just a few years down the track from now.

Arty

As his father I can assure you that he wants to come over , that wasn’t the case 3 years back .He also has never missed a Christmas ,Easter or Summer holidays since we arrived in August 2014.
Things change that’s the way of the world and we just have to dust ourselves down and get on with it.Rightly or wrongly I am there to pick up the pieces.
To be honest I firmly believe that his apprenticeship will definetly reap rewards for him in the future.I am fortunate enough to have the right contacts to get him into the Oil and Gas industry and his trade will work out well for him.

Siouxie

If he has a PR card that is still 'valid' and in his possession, then he can't apply for a PRTD.

I understand about 'mind changing' and youth, lol. It took me 3 years to persuade my son to go on my PR application - he was adamant he didn't want to come to Canada - and CIC received the application 1 week before his 22nd birthday. He now says it's the best thing he ever did and has been happily living here for 7 years.

I'd suggest he return to Canada asap and then you can determine the easiest and quickest way for him to stay in Canada - which, in honesty, I feel would be for him to relinquish his PR status and you reapply to sponsor him. I suppose, theoretically, if he remained in Canada for a couple of years he would then be able to apply for a new PR card - once he has reached the minimum time to qualify for retention of PR status.

BristolUK

I was surprised how long it took for this to come up as it seems to be suggested every time there's a similar thread.

scilly

Is he actually qualified to work in Canada, having only just finished a 3 year apprenticeship?

Aviator

No doubt it will. However to work in a regulated trade, he would need to challenge the exam in Canada, once he has sufficient provable work hours. Hours required to challenge are 1.5 x the number of hours required for the apprenticeship, 7000 to 9000. The alternative is to take the apprenticeship again in Canada. It will take several years working under supervision before he could challenge the provincial exam. There is no bypassing this.