TRAVEL Document

[HOH]

All,

From instruction guide 5529 (last page) , I understand that a travel document can be  issued based on H&C grounds and PR status is retained. Once in Canada, one should apply for PR card.
My question:
1) Based on above info, my understanding is that one does not need to wait 2  out of 5 years to become eligible for PR residency application and can apply at earliest convenience. I presume that supporting documents must include positive outcome of travel document application.  Please advise?

Thanks

[Leon]

I find it very likely in any case that if you have been approved for a travel document already on H&C grounds that you will be able to renew your PR card on the same grounds.  However, if you succeed, you should not feel that you are now like a newly landed PR and can go away again for up to 3 years.  If you do and something happens to your new PR card, lost, stolen etc. and you must apply for a travel document again, they will not be happy that you went to Canada only to renew the card and then left again and they may not give you a travel document again.

If your PR card is still valid, you do not need to apply for a travel document.  Rather you would go to Canada and present your case to the immigration officers who will usually let you in without a problem.  Then you have a choice of either applying to renew your PR card on expiry without meeting the residency requirements but using your H&C reasons or stay until you meet the requirements again and then apply to renew without H&C reasons.

[PMM]

Hi

I find it very likely in any case that if you have been approved for a travel document already on H&C grounds that you will be able to renew your PR card on the same grounds.  However, if you succeed, you should not feel that you are now like a newly landed PR and can go away again for up to 3 years.  If you do and something happens to your new PR card, lost, stolen etc. and you must apply for a travel document again, they will not be happy that you went to Canada only to renew the card and then left again and they may not give you a travel document again.

If your PR card is still valid, you do not need to apply for a travel document.  Rather you would go to Canada and present your case to the immigration officers who will usually let you in without a problem.  Then you have a choice of either applying to renew your PR card on expiry without meeting the residency requirements but using your H&C reasons or stay until you meet the requirements again and then apply to renew without H&C reasons.

Your assumption is right.  There have been a number of cases in CanLawII where the person was issued a TD overseas on H.& C grounds or retained their PR status at appeal on H.& C., and then left Canada.  They were again reported as not meeting their PR residency on return and lost at appeal. 

[HOH]

Dear all,
Your feedback is greatly appreciated.

From reading various posts and cic documents, I understand that the only way one can restore PR status is on H&C grounds if not meeting residency obligations. H&C grounds comes into effective in following cases when applying 1) for travel document (outside Canada) 2) for PR card renewal and also at POE if one is subjected to immigration assessment (inside canada). Do you agree?
Therefore, why would someone take chances trying to sneak into Canada without meeting residency obligations when  can be reported for not meeting residency obligations by immigration officers at airport and might get removal order?  Moreover, if one gets in without any problems at POE and decides to renew his PR card on H&C grounds, one is taking another risk.  Not to mention the waiting time for the outcome of application.  From previous posts, I understand it can take longer than indicated on cic website.
Perhaps it is better solution to apply for a travel document on the same H&C grounds before coming to Canada.

1) I might be mistaken, but isn't better to apply for travel document on H&C grounds at the first place?
2)  What are your thoughts on the following .....  If Canada could have a benefit from an applicant (e.g. who has job offer, educated in Canada at graduate level) seeking to renew his PR status as was away more than 3 years out of Canada, there might be good chances for one to get a positive response from CIC and permitted to get into Canada without problems.

Thanks

[Leon]

H&C grounds comes into effective in following cases when applying 1) for travel document (outside Canada) 2) for PR card renewal and also at POE if one is subjected to immigration assessment (inside canada). Do you agree?

I agree

Therefore, why would someone take chances trying to sneak into Canada without meeting residency obligations when  can be reported for not meeting residency obligations by immigration officers at airport and might get removal order?

Some people don't have any H&C grounds for not meeting their requirements or very shaky ones in which case they may like their chances better if they simply enter Canada with their still valid PR card, take a lecture from an immigration officer or not, enter Canada in most cases without being reported, wait for 2 years until they meet the requirements again and then apply to renew.

Perhaps it is better solution to apply for a travel document on the same H&C grounds before coming to Canada.

1) I might be mistaken, but isn't better to apply for travel document on H&C grounds at the first place?

You can not apply for a travel document if your PR card is still valid.  If your PR card is still valid, you are expected to go to Canada and present your case to the IO or just enter without presenting your case if nobody asks as you will have to deal with it anyway at PR renewal (unless you wait for 2 years). 

2)  What are your thoughts on the following .....  If Canada could have a benefit from an applicant (e.g. who has job offer, educated in Canada at graduate level) seeking to renew his PR status as was away more than 3 years out of Canada, there might be good chances for one to get a positive response from CIC and permitted to get into Canada without problems.

I do not think that they would look at your credentials to decide if you get to keep your PR or not.  You already presented your credentials when you applied for PR.  You got your chance but you decided not to stay.

By the way, here is the immigration manual for PR Status determination: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf

[HOH]

Your feedback is greatly appreciated.
Cheers

[Tarry27]

Hi

I have applied for pr card and my file is under review.
I landed in canada on march 2006 and left in Nov 2006, I came back in October 2009. I travelled outside canada for office purpose in between oct 2009 and Jan 2011.
I applied for Pr renewal by feb 2011 , will all the documents supporting my travel between oct 2009 to Jan 2011. I was short of 11 days for 730 days residency obligation and give proof of travel for office purpose for those 11 days. Now my file is under review and its been 10 months I am wait to hear from local immigration office.
I have to travel again for office purpose.What should I do, Can I apply travel doucment while I am in Canada and then travel or there is any other option.
Please advise/help
Thanks
Tarry

[Leon]

I have applied for pr card and my file is under review.
I landed in canada on march 2006 and left in Nov 2006, I came back in October 2009. I travelled outside canada for office purpose in between oct 2009 and Jan 2011.
I applied for Pr renewal by feb 2011 , will all the documents supporting my travel between oct 2009 to Jan 2011. I was short of 11 days for 730 days residency obligation and give proof of travel for office purpose for those 11 days. Now my file is under review and its been 10 months I am wait to hear from local immigration office.
I have to travel again for office purpose.What should I do, Can I apply travel doucment while I am in Canada and then travel or there is any other option.
Please advise/help

You can not apply for a travel document while you are still in Canada.  If you must leave, you would have to apply for the travel document at the Canadian embassy or visa office serving the country you are going to.  The processing time, depending on the location could be anywhere from 1 day to 6 weeks.  If you don't get the travel document, you are stuck.  Since you are working for a Canadian employer, I think it is likely that you will get it but no guarantees.  Better tell your boss to send someone else or you may not be able to return.