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Can we get PRTD? Been out of Canada for 7 years

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kitz4uin View Drop Down
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    Posted: 26 Apr 2015 at 11:53am
We got our PR in 2004, we completed 2 years out of first 5 years and came back to our country of origin (India) in 2008 due to some unavoidable social circumstances. We could not go back to Canada and our PR expired in 2009.

Now we want to go back to Canada and also we (me & my spouse) want our son (who is Canadian by birth, born in 2004 ) to study and grow in Canada. 

My question is can we apply for PRTD and is there any chance that we can get it because this time we are 100% sure we will staying there forever ?
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pmm View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pmm Quote  Post ReplyReply Direct Link To This Post Posted: 26 Apr 2015 at 1:12pm
Hi


Originally posted by kitz4uin kitz4uin wrote:

We got our PR in 2004, we completed 2 years out of first 5 years and came back to our country of origin (India) in 2008 due to some unavoidable social circumstances. We could not go back to Canada and our PR expired in 2009.

Now we want to go back to Canada and also we (me & my spouse) want our son (who is Canadian by birth, born in 2004 ) to study and grow in Canada. 

My question is can we apply for PRTD and is there any chance that we can get it because this time we are 100% sure we will staying there forever ?


1. You can apply for PRTD, the chances of receiving are pretty close to nil, unless you can develop an excellent Humanitarian or Compassionate reason why you haven't lived in Canada in the past 7 years.
PMM
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kitz4uin Quote  Post ReplyReply Direct Link To This Post Posted: 26 Apr 2015 at 2:33pm
Thanks for your reply.

The reason for not staying in Canada was taking care of my father-in-law who was physically disabled due to osteoporosis and who finally passed away 6 months ago and my wife was taking care of him and I have to stay with her as my son was 4-year-old at that time.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kitz4uin Quote  Post ReplyReply Direct Link To This Post Posted: 29 Apr 2015 at 12:36am
Originally posted by pmm pmm wrote:

Hi


Originally posted by kitz4uin kitz4uin wrote:

We got our PR in 2004, we completed 2 years out of first 5 years and came back to our country of origin (India) in 2008 due to some unavoidable social circumstances. We could not go back to Canada and our PR expired in 2009.

Now we want to go back to Canada and also we (me & my spouse) want our son (who is Canadian by birth, born in 2004 ) to study and grow in Canada. 

My question is can we apply for PRTD and is there any chance that we can get it because this time we are 100% sure we will staying there forever ?


1. You can apply for PRTD, the chances of receiving are pretty close to nil, unless you can develop an excellent Humanitarian or Compassionate reason why you haven't lived in Canada in the past 7 years.



We have a kid born in Canada and we want to educate him in Canada. The main reason why we want to go back to Canada is our son. While I was searching the H&C ground I came through this article. Please check.

Best interests of the child

The best interests of any children directly affected by the decision made on your application will be taken into consideration in the assessment of your application.

Factors related to the best interests of the child may include but are not limited to the:

  • age of the child,
  • child’s establishment in Canada,
  • conditions in the country of origin that could impact the child,
  • medical needs of the child,
  • child’s education, or
  • child’s gender.

The best interests of a child do not outweigh all other factors in a case. The best interests of the child are only one of many important factors that will be considered by the decision maker.

Note: You must provide specific information and supporting documents to demonstrate how the child or children inside or outside of Canada would be affected.


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