PR Status, need for applying for a Travel Document

[vjdua]

Landed as PR in Oct/Nov 2010, came back to India, received PR for self, wife and one major daughter andfor minor daughter aged 17+ will be 18 in december, 2013. Elder daughter already in Canada pursuing Masters. Self, wife and younger daughter could not urngo back. Want to send younger daughter in May-June, 2014 and undertake undergraduate studies in one of the universities as she would be completing high school in India and will turn 18+ by then. Do we need to apply Travel document of for younger daughter and will that be granted as she will fall short udysome period required under residency regulations. She wants to study and live with her sister and we also might join within the validity of our PR cards.

Kindly give your expert opinion to proceed with necessary procedure.

Thanks,

Vjdua

 

[Leon]

As her PR card will still be valid, she should not apply for a travel document but simply enter Canada. If the immigration officer reports her on entry for not meeting the residency requirements, she can appeal this based on being removed from Canada as a minor by her parents.

If she isn't reported, by the time her PR card expires, she can either apply to renew it on H&C grounds or she can wait until she has reached 2 years in Canada and then apply to renew.

She should not leave Canada again after her first entry until she has met the 2 year residency obligation and has her PR card renewed.

 

[vjdua]

In fact, she is the only one whose PR card was not received and there was a communication saying come again for a fresh photograph. But she could not go as she was not there at that time.

Thanks,

vjdua

 

[Leon]

In that case, she would need a travel document. If she applies for it now while she still meets the residency obligation, she would have to move now and do her last year of high school in Canada which is actually not a bad idea if she wants to go to university in Canada. If she doesn't want to go until next year, she will need to claim H&C grounds like being removed from Canada as a minor by her parents and wanting to return first chance. She will most likely get it. She should apply for it in time before she wants to go. Travel documents tend to be valid for 6 months so she can apply 3-4 months before she wants to go so she will have it in time. If the travel document is denied, she would need to appeal within 60 days or she would lose her PR.

 

[leorods]

Hi Leon,

Need your expert advise on the following situation for my minor son:

- Me , my wife and my minor son landed in Canada as new immigrants in August 2010
- After staying in Canada for 16 days we left Canada to attend to work and personal obligations in UAE and India.
- Soon after we left we received correspondence from CIC informing us that our minor son has to attend in person with a new photo at CIC office in Toronto for PR card.
- Since we were outside of Canada he was unable to attend and therefore did not receive his PR Card. However he has his COPR document.
- My wife and myself both received our PR cards. They were sent to our relative's address in Canada and she forwarded them to us in UAE.
- During the time that we were outside of Canada, our second child was born in India in June 2012
- I returned back to Canada alone in April 2013 to settle permanently and maintain my residency obligations. My wife and my two kids could not join me as my second child did not have PR status. My wife being the primary caregiver to both our minor kids had to stay back in India. My son being a minor too had to stay back with my wife.
- Soon after I returned to Canada I applied for sponsorship for my second child in May 2013 under the dependent child category.
- However, this process took a long time and was delayed moreover due to the strike at the Canadian Visa offices. After a long wait of more than 13 months, my second child who is now 2 years old was finally issued her PR visa and COPR in July 2014.
- My family is now eager to return back to Canada at the earliest opportunity. Since my son was never issued a PR card, we have applied for a Travel Document for him to return to Canada.
- I am currently living in Canada since April 2013 and am within the residency obligation requirements till date. I am also employed in Canada since July 2013.
- I plan to will to India for 2 weeks after my son's travel document is issued and then my family will accompany me back to Canada.
- I have submitted all supporting documents showing my residency ties and employment details in Canada since April 2013 and we have explained the above situation in the TD application for my son who is now 5 years old.

Would this be good enough reasons for my son to be granted a TD on H & C grounds to return to Canada with my wife and my second child so that we can settle permanent as a family?? Since my wife has not met her residency obligations due to this situation , will it affect the TD application for my son???
How long does issue of TD normally take at the New Delhi VO. We have sent the application through VFS about 2 days ago.
What are our options if the TD is refused?? Can we file an appeal and try to enter through the US border after obtaining a US visit visa.

Would appreciate your advice urgently??

 

[Leon]

Hi leorods.

It seems that you have good grounds for your wife and son not being able to meet the RO. I can not tell you how long a TD would take for your son. One thing is, you can not afford to wait too long for it because your younger child must land before their PR visa expires.

If the TD is taking too long, you should apply for a US visa and attempt to bring your family from the US. If you collect them from the US in a private car, your son can enter on his COPR.

However, if his TD is denied in the meantime, you would have to make sure you appeal that because otherwise, his PR might be revoked.

 

[leorods]

Thanks for the quick response Leon.

My younger child can make her entry to Canada latest by May 2015. So we have a lot of time there.

We have sent our elder child's passport to the NDVO with the PRTD application , so cannot apply for the US visa right away.

This would mean that we will have to wait for the outcome of the PRTD application.

Incase the PRTD is denied , can we still enter through the US border during the 60 day appeal period???

Thanks.

 

[Leon]

Thanks for the quick response Leon.

My younger child can make her entry to Canada latest by May 2015. So we have a lot of time there.

We have sent our elder child's passport to the NDVO with the PRTD application , so cannot apply for the US visa right away.

This would mean that we will have to wait for the outcome of the PRTD application.

Incase the PRTD is denied , can we still enter through the US border during the 60 day appeal period???

Thanks.

In case the PRTD is denied, if you have the COPR, you could still enter through the US border. However, I have no idea what would happen to the status of your child if he were reported on entry and you appealed that and in the meantime, you appeal for the travel document and possibly win or lose that appeal. You could have two appeals going on at the same time.

However, I think you have good grounds so you will hopefully get your TD for your son.

 

[leorods]

Thanks for the valuable insights Leon.

Hopefully the PRTD should come through. I understand that it usually takes 10- 30 days for issue of PRTD from New Delhi VO.

If anyone on this forum has a better idea on the timelines at NDVO, then please share your experience.

Thanks