Originally Posted by Arty (Post 12413271)

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

Originally Posted by Aviator (Post 12413278)

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.

Originally Posted by Arty (Post 12413289)

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

Originally Posted by Arty (Post 12413289)

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

Originally Posted by Aviator (Post 12413426)

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?

Originally Posted by Arty (Post 12413452)

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

Originally Posted by Vulcanoid (Post 12413456)

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.

Originally Posted by carcajou (Post 12413461)

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.

Originally Posted by Siouxie (Post 12413896)

I'd suggest he return to Canada asap...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...

Originally Posted by Arty (Post 12413470)

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.

Originally Posted by Arty (Post 12413470)

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.