Travel Document

[Raj14]

Hi,

We landed in Jan 2008 and left after 3 weeks with PR cards. Due to stable job in the middle east I decided to live here some more time. Last year I went Canada for 1 month before expiring of my PR card and at Toronto airport I was cross checked by CBSA officer and I was reported for not meeting the residency obligation.

I left Canada after staying there 1 month without filing the appeal. Now our PR cards are expired and we decided to move to Canada on permanent basis. My question is, can we request Canadian embassy here for the TD for one time entry only or can we enter in Canada through USA border? Please advice me as I am confused what to do.

Any advice is highly appreciated.

Regards

 

[CanV]

Hi,

We landed in Jan 2008 and left after 3 weeks with PR cards. Due to stable job in the middle east I decided to live here some more time. Last year I went Canada for 1 month before expiring of my PR card and at Toronto airport I was cross checked by CBSA officer and I was reported for not meeting the residency obligation.

I left Canada after staying there 1 month without filing the appeal. Now our PR cards are expired and we decided to move to Canada on permanent basis. My question is, can we request Canadian embassy here for the TD for one time entry only or can we enter in Canada through USA border? Please advice me as I am confused what to do.

Any advice is highly appreciated.

Regards

Did they ask for address when you entered? If they havent sent you anything there and you were never given any official paper indicating you have to appeal before a certain time, then you most likely are still a PR.

Now I wouldnt apply for PRTD if I were you. You may have better chance coming thru US but you may be reported and given time to appeal. Thats if you are still a PR.

 

[scylla]

Your options are very limited.

A travel document will be refused since you don't meet the residency obligation. An appeal of the travel document appeal will fail since you have no humanitarian and compassionate reasons for having failed to meet the residency obligation (working outside of Canada isn't accepted as a reason).

If you were officially reported for failing to meet the residency obligation when you last entered Canada and failed to appeal, you have lost your PR status. So entering Canada via the US border won't work for you as a means of keeping your PR status. It's too late for you.

The US option may work for the rest of your family if they did not accompany you do Canada during this last trip and were not reported at the border along with you. However keep in mind that once they enter Canada (if they are able enter without being reported), they will have to remain in Canada for 2 years straight without leaving in order to save their PR status. They won't be able to sponsor you for PR (so that you can get your PR status back) until they have completed these two years in Canada.

 

[Raj14]

They gave me report at airport, the title of report was "Report under Subsection 44(1)".

 

[CanV]

They gave me report at airport, the title of report was "Report under Subsection 44(1)".

This is basically a recommendation by the officer for CIC to revoke your PR. You still should have receieved something in the mail. There is a goid chance you lost your PR status anyways. Call CIC in Canada and ask them about your status. Dont contact the embassy there, there is probably nothing they can do to you.

 

[scylla]

They gave me report at airport, the title of report was "Report under Subsection 44(1)".

That means you were formally reported. Since this was last year and you failed to act on the appeal, your PR status is gone.

 

[Raj14]

Hi,

I know that I have limited option because I am late but still I am hopeful. When last time I traveled to Canada I was alone, luckily no family member was with me. Important point is that I have two sons studying in Canada and their PR cards are valid and other family members are staying outside Canada and PR cards expired also.

my question, can I file appeal now even it is late or can embassy here issue us PRTD on humanitarian and compassionate ground since we have two kids in Canada and we want to join our kids and establish our life in Canada?

Regards,

 

[scylla]

I believe it's too late to appeal. Your opportunity to do that was last year and unfortunately failed to take advantage of that opportunity. But I supposed you can try applying for a TD and see if they give you the appeal option.

Your sons studying in Canada won't be accepted as grounds for H&C. To be successful with an H&C claim, you need to prove that extenuating circumstances kept you from meeting your residency obligations. The types of circumstances that are typically accepted are personal illness or the illness of a very close family member. To prove this happened you would also need to provide evidence in the form of hospitalization record, letters from doctors, etc.

 

[Raj14]

Hi,

some more questions:

1. Can my sons sponsor me now since they PR card holder?

2. If my family is able to get PRTD and stay in Canada for 2 years and after that their PR cards are renewed then she can be able to sponsor me. Now, it is too early to be asked but I need to know before we make any decision, after 2 years when I will be leaving away from my family how long the sponsorship processing will take and when can I will be able to join my family (2-4 months or more)?

Regards,

 

[CanV]

Look up the requirements for parents sponsorship. There are more requirements now and the process definitely takes much longer than 2-4.

I would recommend your family comes thru the US cuz your loss of status isnt looking too good for your family prtd applications.

 

[Leon]

As others have said, immigration will consider humanitarian grounds related to taking care of a sick relative or your own serious medical problems. They will not consider it if you chose to work outside Canada or that you have a need to join your already grown children who are studying.

One of your sons who is PR and who meets the RO can sponsor you if they meet the income requirements to support themselves, their own spouse and children if they have any, as well as you and whoever else in your family that they'd have to sponsor along with you. The processing time for parents is definitely more than 2-4 months. The program was re-opened some time ago but before that, it was taking 5-7 years. There are more requirements now which should lead to fewer applications and faster processing but it is not a quick fix. Parents are not considered a priority.

If the rest of your family applies for travel documents, odds are that without humanitarian grounds, they would lose the PR and be in the same situation as you. Entering from the US is a little more likely to work for them. However, if your spouse makes it to Canada, she will have to stay two years to meet the RO before she can sponsor you. The processing time for the sponsorship depends on your visa office. Sponsoring a spouse takes at least a few months up to a couple of years.

 

[scylla]

No - your sons can't sponsor you.

In order to be sponsored by one of your sons, that son would have to be working full time (rather than in school) and would need to demonstrate that he has earned enough income from a Canadian job for three years in a row to meet the income requirements to sponsor you. Since both your sons are still in school, even if one of them was to quite now, they would still be 3+ years away from even meeting the criteria to sponsor you. As Leon mentioned, the sponsorship process itself is 5+ years. So you would likely be looking at 10 years before it would be possible to get your PR back via one of your sons.

I think you need to assume any option related to H&C is out. Unless there's something you're not telling us, your family cannot show H&C reasons for failing to meet the residency obligation.

Assuming your PR status is gone, one option would be for you to reapply independently again (assuming you qualify under the current rules).

 

[polara69]

Well let's be honest here.. it has been over 6 years since you landed and only spent a handful of days in Canada. It always amazes me how people go through the whole process of becoming PR's just to throw it all away by not committing to the new way of life. Tough!

 

[Raj14]

Hi Leon, Scylla and Others,

Thank you guys for all clarification and advice.

Since we have limited option to enter in Canada as our PR already expired and we did not stay in Canada for required no. of days. I am realizing that I made a mistake for not filing the appeal against the report. Now, the best option for us is to request Canadian office here for PRTD and stay in Canada for 2-3 years. If we don't get the PRTD then we will consider to enter via US. I am afraid US option could cause any problem for me, may be the Canadian Govt. will not allow me do any job since my PR card already expired and CBSA have reported.

I was considering to re-apply again for immigration as my profession is in NOC list, but the immigration criteria has been changed since when first time I applied the immigration and now I am not getting required passing 67 points.

For the time being the best option for us to request Canadian office for PRTD or try to submit the appeal and wait.

What you guys suggest in our case.

Regards,

 

[scylla]

Your wife can try applying for a PRTD. If the PRTD is refused, she can appeal.

I believe it's too late for you to do anything since you failed to appear at your appeal hearing last year (i.e. your PR status is long gone). If you try applying for a PRTD I'm sure you'll find out soon enough what your status is.

If the PRTD process and appeals fail, then entering from the US will no longer be an option since you will no longer be PRs.

If you want to try entering from the US - then you need to do this intead of applying for the PRTD. Once again, I think this only has a chance of working for your wife. Too late for you since your PR status is already gone.