Travel Document

[Raj14]

Hi Scylla,

are you suggesting that I should not apply for PRTD and apply it only for my wife? It seems to me it is difficult for us to return back to Canada unless Canadian Govt. announce some change in their current rules to allows us to enter in Canada.

I have only one option left for me to apply for PRTD on H&C ground basis. I will be trying to arrange all medical certificates for my mother's treatment and my wife's mother as both they were seriously ill and hospitalized for some times during last 2-3 years. I think I should apply for myself first to get PRTD on H&C ground basis, if PRTD is provided to me then I let my wife to apply for PRTD for herself. I think this option can work for us otherwise we cannot enter in Canada.

Regards,

 

[CanV]

Not sure why you keep saying "us". Your wife is a PR, you are not. But check with CIC in Canada or go to the embassy just to know for sure if you lost your status. Now regardless, you may want to let your family travel without you as you have been reported before and will most likely put in question the status of everyone travelling with you.

 

[scylla]

What I am saying is that applying for PRTD only works if your PR status hasn't already been officially revoked.

Your wife can definitely try to apply for PRTD since her PR status hasn't get been revoked.

However I believe your PR status has likely already been officially revoked since you failed to go through with the appeal when you were reported for failing to meet the residency requirement last year. For this reason I don't believe you even qualify to apply for PRTD. I believe your only option at this point is to reapply from scratch. You'll certainly find out if you try to apply for a PRTD. If you're no longer a PR, CIC will tell you.

 

[scylla]

Not sure why you keep saying "us". Your wife is a PR, you are not. But check with CIC in Canada or go to the embassy just to know for sure if you lost your status. Now regardless, you may want to let your family travel without you as you have been reported before and will most likely put in question the status of everyone travelling with you.

Exactly. I completely agree. I think your wife is still a PR but you are not. If you are no longer a PR you can't apply for a PRTD. All you can do is reapply again from scratch for PR.

 

[Raj14]

Hi CanV,

Thanks for your clarification you made regarding the status of my family, it is clear now that my family are still PR even though their PR have already expired. The issue is with me, I was reported and did not file the appeal and now I would not be allowed PRTD.

Please correct me if I am wrong.

Regards,

 

[scylla]

Hi CanV,

Thanks for your clarification you made regarding the status of my family, it is clear now that my family are still PR even though their PR have already expired. The issue is with me, I was reported and did not file the appeal and now I would not be allowed PRTD.

Please correct me if I am wrong.

Regards,

Correct.

 

[Msafiri]

Raj14,

1. On the presumption you are not visitor visa exempt to Canada and neither is your wife she is better to enter Canada via a land border.

2. As advised you are no longer a PR. In fact you may have a bigger problem in that if you did not notify CIC of your departure by telling CBSA at the airport you were leaving before the 30 day appeal period then the departure order you were issued on the day you were reported may now be a deportation order. You should not travel to Canada before clearing this issue with CIC either through the visa post in ME and/or getting hold of your GCMS notes. Type ATIP/GCMS in the forum search function. The GCMS notes should have the report and outcome.

3. Your spouse applying for a PRTD is a risk. You seem to be in the ME for lifestyle reasons and the courts bounces such appeal type cases.

4. If your spouse re-enters Canada without report then she can sponsor you when she is back in within the RO (so eligible based on current rules after 730 days).

5. Parental sponsorship is long winded and there is a quota - as I recall this was used up within a few days of this PR stream re-opening in Jan 2014.

The courts are of the view and the general public in Canada agree that PR status is to reside in Canada not a glorified visitors visa. You can't have your cake and eat it - some do and get away but many don't and get reported as you have.

 

[scylla]

2. As advised you are no longer a PR. In fact you may have a bigger problem in that if you did not notify CIC of your dpearture by telling CBSA at the airport you were leaving before the 30 day appeal period then the departure order you were issued on the day you were reported may now be a deportation order. You should not travel to Canada before clearing this issue with CIC either through the visa post in ME and/or getting hold of your GCMS notes. Type ATIP/GCMS in the forum search function. The GCMS notes should have the report and outcome.

Excellent catch. Agreed - this is likely an added complication.

 

[Raj14]

Hi Msafiri,

Should I apply for PRTD for my wife or not since she is still PR though her PR also expired? If she gets PRTD why can she be reported at airport? For my case I need to check CIC in ME and get their recommendation.

Regards,

 

[Msafiri]

Hi Msafiri,

Should I apply for PRTD for my wife or not since she is still PR though her PR also expired? If she gets PRTD why can she be reported at airport? For my case I need to check CIC in ME and get their recommendation.

Regards,

1. Sure your wife as an adult can apply for a PRTD - you can't apply for her unless she authorizes you to act as her unpaid representative by filling in the relevant sections of the PRTD application form.

2. I'm not sure why you don't understand though despite repeatedly being advised that doing this is risky because the reasons for her breach of the RO are lifestyle reasons (on the presumption she was in the ME with you due to your job). PRs that are in breach of the RO are better off taking their chance with CBSA at the Canadian border. You are more likely to be admitted and not reported for the breach. Mostly because the border agent has less time to deal with you as they clear multiple arrivals through the immigration lines. He/she may also decide the paperwork and hassle isn't worth it or just decides to give you the mother of all breaks by feeling sorry for your story whatever that is.

3. The visa officer at the overseas post hasn't got the same time pressures as CBSA in 2 above. He/she deals daily with significant numbers of ME based PRs who want the ME lifestyle but a Canadian PR status 'insurance' (playing the roulette gamble)...they will bounce your wife's PRTD. What are her breach reasons?

4. If she gets her PRTD by somehow convincing the visa post she has valid reasons for the breach then she won't get reported when she arrives at the border. Federal Court case law limits these valid reasons (Humanitarian and Compassionate grounds) to being seriously ill e.g cancer or taking care of a seriously ill close relative where you have justifiable reasons for being the carer.

5. I suggest based on the extensive feedback on this forum from non visitor visa exempt PRs in breach (with expired PR Cards) who re-entered Canada without being reported that your wife forget about a PRTD application and try her luck at a land border unless US visa issuance is a problem. She needs to cross via non commercial carrier so she can cross by foot, private vehicle etc and show her landing papers. She may be lucky and not get reported.

How fast those 5 years of PR Card validity go eh!