PR application December 2019 applicants or after that

[Armen0]

It is literally illegal and it is in the law. You don't have to count on lawyer websites. See for yourself:
Immigration and Refugee Protection Act (S.C. 2001, c. 27) Paragraph (1):

108 (1) A claim for refugee protection shall be rejected, and a person is not a Convention refugee or a person in need of protection, in any of the following circumstances:

(a) the person has voluntarily reavailed themself of the protection of their country of nationality;​

(b) the person has voluntarily reacquired their nationality;​

(c) the person has acquired a new nationality and enjoys the protection of the country of that new nationality;​

(d) the person has voluntarily become re-established in the country that the person left or remained outside of and in respect of which the person claimed refugee protection in Canada; or​

(e) the reasons for which the person sought refugee protection have ceased to exist.​

Article A is the law that forbids using your passport in international travel.

The term reavailing is explained as the following in IRB's legal resources page. If you read the whole section, you can find dozens of cases that IRB itself chose to explain. If you don't want to read the whole section, in conclusion, "Canadian jurisprudence has also emphasized in some cases that travel with a passport from the person’s country of nationality implies that the person has availed himself or herself of the “diplomatic protection” of that country." I highlighted "in some cases" because it really depends on your situation. If you read the section I mentioned above, you already know the answer, but, in conclusion, it may not mean reavailing if one of these cases is applicable to you(I took this part from a lawyer website, but it is just a condensed form of what you will find in IRB's page):

• Voluntariness:
  • Were you a minor when you applied for a passport?
  • Were you required to get a passport by the Canadian government?
  • Were you the one who applied for a passport, or did someone else do it without your instruction?
• Intent:
  • Were you aware of the meaning of a passport or a return trip under international law?
  • Were your properly advised about cessation by your former counsel?
  • Did you obtain refugee protection before 2012, when cessation was extended to affect Permanent Resident?
  • If you made a return trip, did you make efforts to protect yourself without relying on the government?
• Success:
  • Did you actually receive a usable passport?
  • If you made a return trip, were there any threats or risks you faced from your persecutors as a result?

AFAIK, you will face issues in citizenship application and not right after return from your country. You can challenge these laws in a court, but why, while you can just get travel document instead of jeopardizing your refugee status?

 

[imadeddin]

They can use it to travel to any country but not home country. I know guys who traveled around the world with their national passports with no issue.

 

[atif ali]

GUYS. FEB 2020 APPLICANTS. PLEASE SHARE YOUR TIME LINE AND PRESENT STATUS PLEASE. I AM FEB 2020. WAITING FOR PRE ARRIVAL AND REMEDICAL.

 

[mhud_83]

GUYS. FEB 2020 APPLICANTS. PLEASE SHARE YOUR TIME LINE AND PRESENT STATUS PLEASE. I AM FEB 2020. WAITING FOR PRE ARRIVAL AND REMEDICAL.

Passed Medical and submitted CV. No more updates yet.

 

[Luckyppl]

GUYS. FEB 2020 APPLICANTS. PLEASE SHARE YOUR TIME LINE AND PRESENT STATUS PLEASE. I AM FEB 2020. WAITING FOR PRE ARRIVAL AND REMEDICAL.

Are u in concurrent processing Pilot program ?

 

[Armen0]

They can use it to travel to any country but not home country. I know guys who traveled around the world with their national passports with no issue.

I, do understand that you have friends, but it is the law and having friends who were able to not get caught doesn't mean it is the right thing to do. I can do tons of illegal stuff and not get caught. I know people who cheat with their tax returns/income and they don't get caught, does that mean should you? IRB is an official government organization and you literally choose to advise people to go against the law... Telling "I have friends who did this and that" doesn't mean anything in the court. You are on your own. Law > Officials' words > Lawyer > Friends. You can document and refer to law and officials' words but not your friends. It may put them in trouble too... It is like killing people and saying but my friends do it too, which as you can guess makes no sense. On what legal platform does it say that "you can use it to travel to any country but not home country?"

There is a bit of confusion as some people saying not to use national passport for travel abroad. So I send email to cbsa to clarify this point and I will get back to you when I had an answer. As some in the forum saying we can use some saying no we can’t use. They are giving references or lawyers websites but nothing found on government website regarding this so I just send a letter to cbsa to clarify. Yes umrah you can travel with ur pr card and travel documents as well.

Let's wait for officials to respond to @luckyrefugee and move on based on that answer. Everyone is capable of calculating risk/reward. If going to country X is important enough for you to risk your status then go for it, else, just wait. However, in the meantime REFRAIN from giving advice to people with NO LEGAL GROUND AND SOURCE. Examples from friends are not legal entities that you can refer to. For that reason, IRB only uses cases that are documented. See this table of cases, you can check contents of every trial on CANLII. You can also type and search for "reavailment" and find dozens of cases. Just DON'T advise otherwise UNTIL you have some LEGAL RESOURCE that you can refer too.

Not to mention that if a trial is started for you, 88% of these trials end up with people losing their status... I am not saying you are lying or something. It is just not legal and having friends who had been able to mitigate this doesn't mean anything to government. If you have resources to prove otherwise then show it but until then just don't give advice to people without source. I hope that officials respond to luckyrefugee with a positive answer. I would like to use my passport too. I just don't want people to risk their status (which for some may even have deadly outcomes). Some of my friends claimed benefits that they were not eligible for and only one of them got caught. Does that mean should you?

 

[luckyrefugee]

I, do understand that you have friends, but it is the law and having friends who were able to not get caught doesn't mean it is the right thing to do. I can do tons of illegal stuff and not get caught. I know people who cheat with their tax returns/income and they don't get caught, does that mean should you? IRB is an official government organization and you literally choose to advise people to go against the law... Telling "I have friends who did this and that" doesn't mean anything in the court. You are on your own. Law > Officials' words > Lawyer > Friends. You can document and refer to law and officials' words but not your friends. It may put them in trouble too... It is like killing people and saying but my friends do it too, which as you can guess makes no sense. On what legal platform does it say that "you can use it to travel to any country but not home country?"

Let's wait for officials to respond to @luckyrefugee and move on based on that answer. Everyone is capable of calculating risk/reward. If going to country X is important enough for you to risk your status then go for it, else, just wait. However, in the meantime REFRAIN from giving advice to people with NO LEGAL GROUND AND SOURCE. Examples from friends are not legal entities that you can refer to. For that reason, IRB only uses cases that are documented. See this table of cases, you can check contents of every trial on CANLII. You can also type and search for "reavailment" and find dozens of cases. Just DON'T advise otherwise UNTIL you have some LEGAL RESOURCE that you can refer too.

True I agree with you after a long painful journey we need to be more careful with the steps ahead. The reason I am desperate to know is number one I have a valid USA visa on my national passport and second reason is I need to travel to a country who don’t accept refugee travel documents not my home country. Third reason is it is very difficult to meet my family in third country where RTD give me access. Apart from that I am alright to wait till citizenship to start thinking something about these options.
Hopefully will wait for official information from cbsa through email next week I will update you guys.

 

[Dretwd]

Any November 2019 applicants still waiting
Please share your timeline

 

[Robrob]

GUYS. FEB 2020 APPLICANTS. PLEASE SHARE YOUR TIME LINE AND PRESENT STATUS PLEASE. I AM FEB 2020. WAITING FOR PRE ARRIVAL AND REMEDICAL.

Hi

just medical received,nothing after that all depends here.

 

[Smartzz]

Don't use your passport to travel as a protected person permanent resident. You may lose your status. Apply for a travel document if you want to travel overseas excluding your country of citizenship.

This is what the IRB sent me via email after I was approved on spot and received my NOD two weeks after in April 2021.

Obligations as a protected person and loss of status
You are required to comply with the laws in Canada.

Your refugee status may be lost if:
1. One of the following occurs (these are referred to as cessation):
a) you voluntarily accept protection from your country of nationality (the country against which you claimed protection). For example, you use or renew a passport from your country of nationality in order to either return to that country, or to travel to another country (this is known as re-availment);
b) you voluntarily reacquire your nationality (this only applies if you had lost your nationality)
c) you acquire a new nationality and enjoy the protection of that country;
d) you voluntarily become re-established in the country against which you claimed protection; or
e) the reasons for which you sought refugee protection no longer exist;

2. You obtained protected person status by directly or indirectly misrepresenting or withholding material facts relating to a relevant matter (this is referred to as vacation). In other words, when you made your refugee claim, if you, or someone on your behalf, provided false information or withheld relevant information.
Persons whose refugee protection status is lost based on any of the situations outlined above (cessation or vacation) will not be eligible to apply for permanent residence status or may lose the permanent residence status obtained as a protected person and may face removal from Canada.

Travelling outside of Canada

It is recommended that a protected person obtain a Refugee Travel Document before leaving Canada. The Refugee Travel Document is valid for travel to all countries except the country of persecution.
In order to apply for a Refugee Travel Document, please visit this website:

www.canada.ca/apply-refugee-travel-document

 

[Andftoe]

They can use it to travel to any country but not home country. I know guys who traveled around the world with their national passports with no issue.

It depends of your case itself. Some cases don't have to do it. But can do it for sure.

 

[Smartzz]

Don't use your passport to travel as a protected person permanent resident. You may lose your status. Apply for a travel document if you want to travel overseas excluding your country of citizenship.

This is what the IRB sent me via email after I was approved on spot and received my NOD two weeks after in April 2021.

Obligations as a protected person and loss of status
You are required to comply with the laws in Canada.

Your refugee status may be lost if:
1. One of the following occurs (these are referred to as cessation):
a) you voluntarily accept protection from your country of nationality (the country against which you claimed protection). For example, you use or renew a passport from your country of nationality in order to either return to that country, or to travel to another country (this is known as re-availment);
b) you voluntarily reacquire your nationality (this only applies if you had lost your nationality)
c) you acquire a new nationality and enjoy the protection of that country;
d) you voluntarily become re-established in the country against which you claimed protection; or
e) the reasons for which you sought refugee protection no longer exist;

2. You obtained protected person status by directly or indirectly misrepresenting or withholding material facts relating to a relevant matter (this is referred to as vacation). In other words, when you made your refugee claim, if you, or someone on your behalf, provided false information or withheld relevant information.
Persons whose refugee protection status is lost based on any of the situations outlined above (cessation or vacation) will not be eligible to apply for permanent residence status or may lose the permanent residence status obtained as a protected person and may face removal from Canada.

Travelling outside of Canada

It is recommended that a protected person obtain a Refugee Travel Document before leaving Canada. The Refugee Travel Document is valid for travel to all countries except the country of persecution.
In order to apply for a Refugee Travel Document, please visit this website:

www.canada.ca/apply-refugee-travel-document

Sorry guys, some of the information was missing when I posted yesterday. I have edited my post above.

 

[Armen0]

Does anybody here have dependants processed in Ankara? I sent the documents they asked on 11 April but haven't heard anything since then. I asked them whether they got the documents or not but they said I should check the website but I can't link the application and on eCAS there is nothing regarding the documents.

 

[Andftoe]

We received your application for permanent residence on November 1x, 2019.
We started processing your application on October 2x, 2020.
We sent you correspondence on November 1x, 2020. If you have not yet provided the information or the requested documents, please do so as soon as possible. Please wait until you receive the correspondence before sending us additional information, as the correspondence will outline all information that is required.
Medical results have been received.
We sent you correspondence on March 1x, 2021 about the decision on your application.
You entered Canada at the Etobicoke IRCC office on May 1x, 2021 and became a Permanent Resident.

 

[Armen0]

Congrats on becoming PR!