Travel Document Refused - Urgent Help

[Adam2000]

Dear members,

PLEASE PLEASE help me in my below case, i am realy confused and Frustrated
Here is my situation:
I got Canadian PR in April 2006, but I had to return after 5 months to work in Gulf Area for temprory period.

i returned back to Canada In May 2011 because my PR card has already been expired and I already submitted the renew application for my PR card as urgent but till now i didn't recive any feedback from their side and after i check my eCAS i find the following message in eCAS for PR Card Renew:

"We received your application for a permanent resident card on May 13, 2011.
We started processing your application on May 13, 2011.
We transferred your application to the local CIC office on July 12, 2011. The local CIC office may contact you"


at the same time i had appointment to set for citizenship test, but unfortuently i missed the test because the Canadian Embassy rejected my Travel document application.


and the below the message which i received in eCAS regarding my citizenship application..



"We received your application for Canadian citizenship (grant of citizenship) on May 25, 2010.

We sent you a letter acknowledging receipt of your application(s), and a study book called A Look at Canada on May 25, 2010. Please consider delays in mail delivery before contacting us.

We started processing your application on January 25, 2011.

Your file was transferred on February 23, 2011. The Citizenship Operations office will contact you if additional information is required. The Citizenship Operations office will contact you regarding your citizenship test once all the necessary checks on your file are complete.

We sent you a notice on June 15, 2011 to XXX to appear and write the citizenship test on July 14, 2011 at 8:30 AM. The notice you will receive by mail will be your official confirmation of your appointment. If you have not received this notice prior to the date of your scheduled appointment, please contact us. If we have sent the letter to the wrong address, please contact us. "


I returned back to Jordan on 18-May-2011 with expired PR Card because my father was critical illness, I have applied for canadian travel document to return to Canada on 10-July-2011 but the application is refused. I am planning to appeal to the immigration division. Could you please give me some suggestions? Is there high possibility that I can win?
and how long take the process for appeal and what is the next step if i win the appeal?
what will be happened for my citizenship test, they will set a new appointment for me?

I will really appreciate for your advise and help me.

Thanks in advance and waiting for a reply.

 

[Alabaman]

When you applied for PR card did you meet 730 days obligation in last 5 years? Also when you applied for Citizenship did you meet 1094 days physical presence in Canada obligation in last 4 years?

 

[scylla]

It doesn't sound like you qualify for citizenship. As Alabaman explained, to qualify for citizenship, you must have physically lived in Canada for three out of the last four years. I think you should forget about your citizenship application and focus on saving your PR status.

As for your PR status, if I'm not mistaken your time lines are as follows:

April 2006 - landed in Canada
September 2006 - left Canada
May 2011 - returned to Canada
May 2011 - left Canada

Is this correct?

 

[Adam2000]

no

 

[Adam2000]

yes correct syclla

 

[scylla]

Forget about the citizenship application. You don't even come close to qualifying. If you had been in Canada, they would have let you take the test and then eventually refused your application.

Your PR status is a problem as well since you didn't live in Canada long enough to qualify to keep it (this is why you were refused the travel documentation). I believe you will need to submit a Humanitarian & Compassionate application (H&C) to try and retain your PR status. However I don't know how this is done if you are not in Canada. Hopefully someone else can offer advice. I think the chances of the H&C being successful are very low because you left Canada in 2006 for economic reasons (i.e. to take a job somewhere else).

 

[Adam2000]

Thanks Syclla,

I am realy confused and frustrated, because i spent a lot of time to get the PR and now i am going to lose everything.

PLEASE PLEASE any experts can help me and let me know if there is anyway to keep my PR.

if i try the appeal there is any chance to win the appeal ...........


Leon, Please let me know what is the best solution for my case...

 

[PMM]

Hi

Thanks Syclla,

I am realy confused and frustrated, because i spent a lot of time to get the PR and now i am going to lose everything.

PLEASE PLEASE any experts can help me and let me know if there is anyway to keep my PR.

if i try the appeal there is any chance to win the appeal ...........


Leon, Please let me know what is the best solution for my case...

1. IMHO you probably don't have a hope of retaining your PR status. You have not resided in Canada during the last 5 years, you basically lied on your application for your PR card, and on the citizenship application. I don't think that CIC will have very much sympathy.

 

[Baloo]

I am realy confused and frustrated, because i spent a lot of time to get the PR and now i am going to lose everything.

PLEASE PLEASE any experts can help me and let me know if there is anyway to keep my PR.

if i try the appeal there is any chance to win the appeal ...........

If you do not meet the conditions then clearly you cannot continue to be a PR.
IMO you would be wasting time and money (both government and your own) appealing this.

 

[Adam2000]

What i shall do Now, Please PMM , Leon advice me what i can do ...

i want to return back and live there, PLEASE PLEASE what are the options now to retain my PR....


Regards,

 

[Baloo]

What i shall do Now, Please PMM , Leon advice me what i can do ...

i want to return back and live there, PLEASE PLEASE what are the options now to retain my PR....


Regards,

You can take the comments here and believe them, or talk with a lawyer and hear the same (but pay a fee).

 

[Adam2000]

Thanks alot Balooo,,

i respect and appreciate all comments which i received from all members...


i know i made a blunder because i didn't settle in Canada,,

Please Baloo, let me know if there is any hope or any way to retain my PR...

As i know , i am eligable to take a travel document to attend the appeal, it's correct....?

if i take this Travel document and stay in Canada for 3 years and submit again for the PR.... is it ok?

 

[scylla]

As i know , i am eligable to take a travel document to attend the appeal, it's correct....?

I don't think this is correct. Just because you have an appeal doesn't mean they are going to issue a travel document.

Hopefully PMM and/or Baloo can confirm.

 

[PMM]

Hi

I don't think this is correct. Just because you have an appeal doesn't mean they are going to issue a travel document.

Hopefully PMM and/or Baloo can confirm.

You can apply to the IAD for a travel document, but unless you have been in Canada during the past year or have a good excuse why you wish to appear in person at the hearing, it will most likely be refused.

 

[sherry1123]

You can appeal on Humanitarian and compassionate Grounds. But winning the case is going to be very difficult indeed. IF u can prove to the judges that there is substantial humanitarian and compassionate grounds in your particular case (For eg small children that are going to be directly affected by the decision). You can also describe your reasons for not keeping up with the residency obligation (ie the severe health problems of your father).Having myself obtained the travel document on H&C grounds i know that they give a lot of weight to the children who are directly affected by the PR annulment. So make sure that you highlight this factor in your application. Appealing for PR retainment is your fundamental right and you have nothing to loose. You are going to loose your PR anyway if you don't apply so its better to take the chance .. Who knows?? You might win. So i would recommend that you appeal independently without a lawyer and do so soon because they give you only 60 days in which to appeal. The appeal would take around 1- 1.5 years to complete. So be ready to handle all that emotional pressure.