Now what pls?

Old Aug 11th 2022, 6:44 am
  #1  
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Default Now what pls?

Hi everyone
lots has happened over the last couple years
lost my mom and dad within a year of each other, my beloved uncle followed the year after

still trying to get over it

im left in tatters now as regards my immigration to Canada

having tried to care for my parents, our PR cards expired and now we can’t go to Canada

my wife did fly out to Seattle as she had to attend a wedding there but I didn’t go

as she had a hire car, she decided to drive through to Canada as we still have landing papers and was let through into Canada

she said she was asked where her PR card was and she replied it’s expired; the border officer said she should apply to renew it asap and let her in

obviously I think she was lucky and I don’t want to try that when we go again

what do we need to do to apply for PR cards from the uk?
ive contacted a professional lawyer in Canada about my situation and he says he will apply for travel documents for us, for which his charge is C$1800

my worry is, if the travel documents are refused, then that $1800 is wasted

i don’t see any magical way that the lawyer can obtain the documents fir us, and even if he did, we still will need to apply to renew our PR cards when in Canada, which may also be refused

any ideas upon our situation please?




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Old Aug 11th 2022, 11:26 am
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Default Re: Now what pls?

You cannot apply for a new PR card from outside of Canada. You need to apply for a Permanent Resident Travel Document.

https://ircc.canada.ca/english/helpc...num=065&top=10

My questions are when did you land in Canada? How long have you spent in Canada? If applying for the PRTD they will check to see if you meet the 730 day residency obligation and if not they will not issue one. Legally you are still a PR however you either need a valid PR card or PRTD to travel directly to Canada on a plane or other commercial vehicle.
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Old Aug 12th 2022, 6:28 am
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Default Re: Now what pls?

[QUOTE=Former Lancastrian;13134277]You cannot apply for a new PR card from outside of Canada. You need to apply for a Permanent Resident Travel Document.

Thanks for your reply!

we only spent around a year there, before our parents became ill so we had to come back to care for them.

so yes, we didn’t stay the 2 year out of 5 requirements but as you say, our PR status should still be valid.

I can’t understand why travel docs won’t be issued, as we still have PR status; the lawyer has said he can apply for travel docs for us on humanitarian and compassionate grounds but if the docs are refused, we will need to reapply for PR, which we will not do now as we are both 65 and we probably have zilch chance of getting PR at our ages!

so, rather than waste the odd $2000 paying the lawyer, would we stand a chance of getting the docs by applying on our own?

any and all comments will be appreciated.

thank you!
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Old Aug 12th 2022, 10:46 am
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Default Re: Now what pls?

Although you still have PR status legally from your answer you do not meet the 730 day residency requirement or cannot meet it and therefore reportable for non compliance with the Act. Even an application for H & C grounds is an option there is no guarantee you would win. You really need to think what your next steps are. Yes your wife was lucky and no guarantees if you went the US route that on entering Canada CBSA might not notice this and if noticed then they would report it and issue a removal order that you would need to appeal within 30 days.

Your choice in how you proceed.
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Old Aug 12th 2022, 12:00 pm
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Default Re: Now what pls?

Originally Posted by GoWestYoungMan
I can’t understand why travel docs won’t be issued, as we still have PR status; the lawyer has said he can apply for travel docs for us on humanitarian and compassionate grounds but if the docs are refused, we will need to reapply for PR, which we will not do now as we are both 65 and we probably have zilch chance of getting PR at our ages!

so, rather than waste the odd $2000 paying the lawyer, would we stand a chance of getting the docs by applying on our own?

any and all comments will be appreciated.

thank you!
As FL has said above, you do still have status but only because nobody has noticed you haven't met the residency requirements yet. Once you apply for a PRTD then that will be spotted and proceedings will be started to remove your PR.

Humanitarian grounds would be something like you being in hospital long term, essentially being unable to travel. As you could travel, I don't think it would be granted. Worth a try though, if you think there's no way of you getting PR now with a new application then you might as well give it a go and see what happens.

Good luck, and do keep us posted on how you get on, we don't get many H&C applications on here so would be good for anybody else searching the forums in the future to see what happens with your case.
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