Failed to Fulfil PR obligations
Hi All ,
My son Lewis who is 21 this coming April has failed to keep his 2 Years out of 5 requirements to renew his PR this coming June. The reasons being he decided to go back to finish his schooling in the UK and ultimately took an a 3 years Apprenticeship with BAE Systems as a welder. We have got an immigration Lawyer to advice us ,who is basically telling us we have two options . 1 He can apply for a PR Travel Document and ask for an extension for his PR on Humanitarian grounds. 2. Or he can relinquish his PR and for us to apply to sponsor him as he is under 21. Unfortunately this Lawyer won't give us advise on which is the better option, which is bloody weird. Has anyone came across this situation before and what option do you think is the best option. Best regards Arthur |
Re: Failed to Fulfil PR obligations
It's not up to the lawyer to make decisions for you. The lawyer's job is to present you with the options so you can make an informed decision and then instruct the lawyer to proceed.
I'm sure the lawyer will have presented you with the pros and cons of each option and told you there's no perfect solution (there usually isn't). What are you/your son minded to do? Another Q: how committed is your son to Canada? As an aside, it's his PR card which expires in June not his PR staus. Is he ready to move back to Canada immediately? Or is it some time in the future that he wants to move? I assume the latter or he'd have moved back to Canada already. I'm asking these Qs not because I'm heartless and I don't care but because I think the answers are important in terms of how you decide to proceed. I do remember you posting about your son some time ago and at the time, it was still possible for him to meet his residency obligation, if I recall correctly. So I suppose I'm just wondering what is in your son's mind as to what he wants to do. |
Re: Failed to Fulfil PR obligations
Originally Posted by Snowy560
(Post 12409614)
It's not up to the lawyer to make decisions for you. The lawyer's job is to present you with the options so you can make an informed decision and then instruct the lawyer to proceed.
I'm sure the lawyer will have presented you with the pros and cons of each option and told you there's no perfect solution (there usually isn't). What are you/your son minded to do? Another Q: how committed is your son to Canada? As an aside, it's his PR card which expires in June not his PR staus. Is he ready to move back to Canada immediately? Or is it some time in the future that he wants to move? I assume the latter or he'd have moved back to Canada already. I'm asking these Qs not because I'm heartless and I don't care but because I think the answers are important in terms of how you decide to proceed. I do remember you posting about your son some time ago and at the time, it was still possible for him to meet his residency obligation, if I recall correctly. So I suppose I'm just wondering what is in your son's mind as to what he wants to do. Yes the lawyer has explained both options, to be honest I am still unsure as to what is the best way forward.I was hoping for her to help to guide us in the right direction. He is wanting to move back after his apprenticeship which finishes this September.I think our best option is for Lewis to relinquish his PR and for us to sponsor him and how long thats takes is anyones guess. Thanks for Replying. |
Re: Failed to Fulfil PR obligations
Originally Posted by Arty
(Post 12409819)
Hi Snowy560,
Yes the lawyer has explained both options, to be honest I am still unsure as to what is the best way forward.I was hoping for her to help to guide us in the right direction. Don't forget you need to apply to sponsor him whilst he's still a dependent child. So he can't dilly dally about it for much longer!
Originally Posted by Arty
(Post 12409819)
He is wanting to move back after his apprenticeship which finishes this September.I think our best option is for Lewis to relinquish his PR and for us to sponsor him and how long thats takes is anyones guess.
Originally Posted by Arty
(Post 12409819)
I think our best option is for Lewis to relinquish his PR and for us to sponsor him and how long thats takes is anyones guess.
HTH. |
Re: Failed to Fulfil PR obligations
I don't think the lawyer's referring to an H&C Application as such (which is an in Canada Application) but rather citing H&C factors in the context of a PRTD app or PR RO appeal.
I think I know how I'd approach it but a lot would depend on the son's commitment to Canada. |
Re: Failed to Fulfil PR obligations
Originally Posted by Arty
(Post 12409605)
Hi All ,
My son Lewis who is 21 this coming April has failed to keep his 2 Years out of 5 requirements to renew his PR this coming June. The reasons being he decided to go back to finish his schooling in the UK and ultimately took an a 3 years Apprenticeship with BAE Systems as a welder. We have got an immigration Lawyer to advice us ,who is basically telling us we have two options . 1 He can apply for a PR Travel Document and ask for an extension for his PR on Humanitarian grounds. 2. Or he can relinquish his PR and for us to apply to sponsor him as he is under 21. Unfortunately this Lawyer won't give us advise on which is the better option, which is bloody weird. Has anyone came across this situation before and what option do you think is the best option. Best regards Arthur |
Re: Failed to Fulfil PR obligations
Let's be clear about this. Your Permanent Resident status does not just lapse. A PR remains a PR until an official process happens or they become a citizen even if they have not met the Residency Obligation. You don't just lose your status until it is officially determined that you are no longer a PR.
How often does your son come to Canada (Q to Arty)? |
Re: Failed to Fulfil PR obligations
Originally Posted by christmasoompa
(Post 12409822)
Most foreign apprenticeships are useless without a certain number of years work experience anyway (depending on the job), so he may not be able to work in the job he's trained hard for in Canada.
To validate a trade qualification, give or take it is about 5 years full time work experience to challenge the trade and sit the exam. The alternative is to re take the apprenticeship in Canada (as a PR). The provincial training authority may grant some hours from overseas apprenticeship and work towards the Canadian apprenticeship, however this would not be a certainty. The only way to assess this is to meet with the provincial training authority and put a case forward. |
Re: Failed to Fulfil PR obligations
Originally Posted by Aviator
(Post 12410092)
No foreign apprenticeship is valid, or transferable to Canada. Some cannot be transferred across Canada. Only Red Seal endorsed are interprovincial.
To validate a trade qualification, give or take it is about 5 years full time work experience to challenge the trade and sit the exam. The alternative is to re take the apprenticeship in Canada (as a PR). The provincial training authority may grant some hours from overseas apprenticeship and work towards the Canadian apprenticeship, however this would not be a certainty. The only way to assess this is to meet with the provincial training authority and put a case forward. |
Re: Failed to Fulfil PR obligations
Originally Posted by Snowy560
(Post 12410006)
Let's be clear about this. Your Permanent Resident status does not just lapse. A PR remains a PR until an official process happens or they become a citizen even if they have not met the Residency Obligation. You don't just lose your status until it is officially determined that you are no longer a PR.
How often does your son come to Canada (Q to Arty)? Lewis has came over at Christmas for 2 weeks and every summer for 3 weeks since he decided to head back to the UK in Oct 2014. Cheers Arthur |
Re: Failed to Fulfil PR obligations
I was just wondering whether he would be entitled to a travel document to go to Canada to appeal a negative PRTD decision:
http://www.irb-cisr.gc.ca/Eng/BoaCom...essResObl.aspx I'm not saying that's the road I'd go down. I'm just thinking about the consequences of any decision you (or rather your son) make(s). |
Re: Failed to Fulfil PR obligations
Hi
Originally Posted by Snowy560
(Post 12410308)
I was just wondering whether he would be entitled to a travel document to go to Canada to appeal a negative PRTD decision:
http://www.irb-cisr.gc.ca/Eng/BoaCom...essResObl.aspx I'm not saying that's the road I'd go down. I'm just thinking about the consequences of any decision you (or rather your son) make(s). |
Re: Failed to Fulfil PR obligations
Arty's son doesn't need a PRTD right here right now because his PRC hasn't expired yet (I don't think).
|
Re: Failed to Fulfil PR obligations
Originally Posted by Snowy560
(Post 12410319)
Arty's son doesn't need a PRTD right here right now because his PRC hasn't expired yet (I don't think).
Thanks everyone for there replies ,much appreciated.I remember telling my son the consequences of his actions just before he flew home from Ottawa in Oct 2014.It was a hard decision at his age to come over ,but he made his mind up and now we need to try and secure his future here. Arthur & Family |
Re: Failed to Fulfil PR obligations
Hi all,
many thanks to all who replies and pm us .We have decided to go through the H & C route failing that then we still have time to sponsor Lewis as the age limit has been increased to 21. Art and Family |
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