PRTD for 17 years intended to study in Canada

[SNSCanada]

Dear Experts of group, Please advise based on these facts:
1) Minor was having Canadian PR status during age 1 to 15 till February 2024.
2) PRTD was declined in Feb 2024 with Parents on ground that RO not complied in last 5 years, H&C ground was not allowed in IAD Appeal,
3) Status of Minor was mentioned as neutral factor in judgement, that minor was having no role to stay or leave Canada, current best interest quoted to remain with parents.
4) Elder sibling is PR of Canada and University student.
5) Whether minor child can apply for PRTD after 2 years in age of 17 when need to apply for admission in Canadian Universities? By stating that PR status was lost not due to fault as minor and request for consideration under H&C grounds ? Eligible funds will be shown to carry and can join under guardianship of sibling in same University .
6) Whether small shareholding of family members in Canadian Company (with social and health focus) will have any significant for her application as financial tie up with Canada?

 

[scylla]

Dear Experts of group, Please advise based on these facts:
1) Minor was having Canadian PR status during age 1 to 15 till February 2024.
2) PRTD was declined in Feb 2024 with Parents on ground that RO not complied in last 5 years, H&C ground was not allowed in IAD Appeal,
3) Status of Minor was mentioned as neutral factor in judgement, that minor was having no role to stay or leave Canada, current best interest quoted to remain with parents.
4) Elder sibling is PR of Canada and University student.
5) Whether minor child can apply for PRTD after 2 years in age of 17 when need to apply for admission in Canadian Universities? By stating that PR status was lost not due to fault as minor and request for consideration under H&C grounds ? Eligible funds will be shown to carry and can join under guardianship of sibling in same University .
6) Whether small shareholding of family members in Canadian Company (with social and health focus) will have any significant for her application as financial tie up with Canada?

Not possible.

The minor child is no longer a PR. PR status was lost in Feb 2024 when the PRTD with the parents was refused and the IAD appeal was not allowed.

It's only possible to apply for a PRTD when someone is still a PR. It is not possible to use a PRTD to restore PR status.

If the minor child wants to study in Canada in 2 years, then will need to come to Canada as an international student on a study permit and pay international student fees to attend school here.

 

[Naturgrl]

1/2/3 If PRTD was refused then no longer PR.
4. Not relevant
5. Again if PRTD was refused, minor is no longer PR. H&C not possible because not PR. Minor applies as an international student.
6. Not relevant to minor.

 

[SNSCanada]

Not possible.

The minor child is no longer a PR. PR status was lost in Feb 2024 when the PRTD with the parents was refused and the IAD appeal was not allowed.

It's only possible to apply for a PRTD when someone is still a PR. It is not possible to use a PRTD to restore PR status.

If the minor child wants to study in Canada in 2 years, then will need to come to Canada as an international student on a study permit and pay international student fees to attend school here.

Thanks @scylla for quick response. News are flashing that more restrictions are imposed recently on limited visa for International students with longer process time, that's a concern too.

 

[Naturgrl]

Thanks @scylla for quick response. News are flashing that more restrictions are imposed recently on limited visa for International students with longer process time, that's a concern too.

Yes it is difficult to get a study permit. Student needs PAL and select a program that is eligible for PGWP, if student wants to stay beyond studies. Pay first year tuition (international fees) and show $21k minimum. If a degree, show that can afford studies beyond first year.

 

[scylla]

Thanks @scylla for quick response. News are flashing that more restrictions are imposed recently on limited visa for International students with longer process time, that's a concern too.

Yes, additional rules were imposed recently. There was too much abuse of the student visa process so this was bound to happen sooner or later.

However that doesn't change this minor's situation in any way. The minor is no longer a PR and cannot apply for a PRTD. Student visa is the only option if the minor wants to study in Canada in 2 years.

 

[canuck78]

People need to realize immigration policies and implementation can change over time. 10 years ago it was easy for any PR under 25 to get PRTD based on H&C based on being removed as a minor sometimes with minimal time ever spent in Canada. As this became better known many started abusing this and IRCC started be more strict. In general if you don’t meet RO you always risk your status and assume IRCC is going to become more strict as they try to reduce immigration numbers.

 

[Copingwithlife]

Thanks @scylla for quick response. News are flashing that more restrictions are imposed recently on limited visa for International students with longer process time, that's a concern too.

As mentioned if that pathway hadn’t been so blatantly abused , then more restriction s wouldn’t have been imposed

I’d lay the blame on some of the international students that did this, this affects those now

 

[steaky]

Dear Experts of group, Please advise based on these facts:
1) Minor was having Canadian PR status during age 1 to 15 till February 2024.
2) PRTD was declined in Feb 2024 with Parents on ground that RO not complied in last 5 years, H&C ground was not allowed in IAD Appeal,
3) Status of Minor was mentioned as neutral factor in judgement, that minor was having no role to stay or leave Canada, current best interest quoted to remain with parents.
4) Elder sibling is PR of Canada and University student.
5) Whether minor child can apply for PRTD after 2 years in age of 17 when need to apply for admission in Canadian Universities? By stating that PR status was lost not due to fault as minor and request for consideration under H&C grounds ? Eligible funds will be shown to carry and can join under guardianship of sibling in same University .
6) Whether small shareholding of family members in Canadian Company (with social and health focus) will have any significant for her application as financial tie up with Canada?

Why didn't apply for Canadian citizenship when minor was 7 in 2014? Could have save all the trouble.

 

[SNSCanada]

Why didn't apply for Canadian citizenship when minor was 7 in 2014? Could have save all the trouble.

@steaky, past mistakes can only give lessons of life, way forward positive action should be focus with intent to correct errors and no benefit from regret.

 

[canuck78]

Why didn't apply for Canadian citizenship when minor was 7 in 2014? Could have save all the trouble.

They wouldn’t have qualified. Believe it was still 4 out of 6 years with intent to remain in Canada which typically required remaining in Canada during processing.

 

[Naturgrl]

@steaky, past mistakes can only give lessons of life, way forward positive action should be focus with intent to correct errors and no benefit from regret.

So child applies as an international student paying international fees, and hopefully is approved. Child must get PR based on own merit. Tell him/her to learn French now because PR is no longer guaranteed if a student.

 

[SNSCanada]

So child applies as an international student paying international fees, and hopefully is approved. Child must get PR based on own merit. Tell him/her to learn French now because PR is no longer guaranteed if a student.

Thanks a lot @Naturgrl for advise to learn French for better chance.

For future visa application reference, What would be taken as Last date of PR status: (1) Date of IAD decision or 1 day prior to that date or (2) Actual receipt of the Judgement as per letter (Received 10 days after the Judgement)?