reclaiming P R STAUS BY MINORS After becomin Major |
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harinder3538
Junior Member Joined: 10 Sep 2012 Status: Offline Points: 15 |
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Posted: 25 Sep 2017 at 3:59pm |
MR A GOT THE PR OF CANADA AS A MINOR CHILD ACCOMPANING THE PRINCIPAL APPLICANT IN 2010. THE WHOLE FAMILY WENT BACK TO INDIA AFTER STAYING IN CANADA FOR 11 MONTHS.THEIR PR CARDS WERE VALID UPTO JUNE 2015. THE PARENTS NEVER WANTED TO COME BACK.BUT MR A WHO WILL BE COMPLETING 18 YEARS OF AGE IN JAN 2018 (TURNING MAJOR ) WANTED TO COME BACK TO CANADA AT THE VERY FIRST INSTANCE AND RECLAIM AND REVOKE HIS PR STATUS AND WANT TO LIVE IN CANADA.
WHAT WILL BE THE PROCEDURE AND GUIDELINES WHEN HE APPLIES FOR A TRAVEL DOCUMENT FROM CANADIAN EMBASSY IN INDIA AND WHAT DOCUMENTS HE SHOULD ENCLOSED. SENIOR MEMBERS OF THE FORUM PL HELP.
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colin
Moderator Group Immigration Attorney Joined: 29 Nov 2009 Location: Canada Status: Offline Points: 133 |
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Mr. A lost his permanent residence, as he did not meet with the residency obligation of section 28 of the IRPA. As he was a minor, he can apply for a travel document at the nearest Canadian embassy or consulate. The officer reviewing the application will assess if the candidate met with his residency obligation and if there are any humanitarian and compassionate grounds on which a travel document could be issued to Mr. A. In this specific case, Mr. A's failure to meet with the residency obligation was not his own doing, but his parents. Moreover, Mr. A should insist on his desire to stay permanently in Canada, to study, or work and on any existing ties he might have with Canada, such as other family members, etc. The decision to issue a travel document will be at the entire discretion of the immigration authorities. If the application is refused, Mr. A should seek other options to come to Canada, through a study permit per example.
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Colin Singer, Canada Immigration Lawyer & Managing Partner, immigration.ca |
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