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Appeal -- application for travel document was refused

jessie

Newbie
Dec 16, 2009
3
0
I have applied for canadian travel document to return to Canada but the application is refused. I am planning to appeal to the immigration division. Could you experts give me some suggestions?

My experience is: My husband and I got the PR in July 2004. After a short term landing, we went back to native country. Between July 2004 and Nov 2006, we sometimes lived in our native country and sometimes in third country because I studied there. My husband came back to canada at Nov 2006 and we decided to stay. But at that time, I haven't finished my study yet. From March 2007 to Nov 2008, I went to Canada three times, totally around 10 months. July 2009, my study was finished and I went back to Canada. At that time, I was told that I am a PR and can keep this status if I live in Canada. But in Nov I have to leave Canada for my defense. My application for travel document to go back was refused and I got a temporary visa for going back and appeal.

I believe I have good reasons for not meet the requirements for 730 days:
1. My husband works in Canada (since 2007 to now)
2. We bought a house in 2008 and I regard Canada as my home.
3. I found a job in Oct 2009. Before I went out of Canada, I've worked there for 2 months.
4. I am pregnant now (about 4 months). If I cannot go back, my baby cannot be born in Canada and my husband cannot stay with us (doesn't have long holidays).

But all these reasons seem not enough for the Visa Officer. I don't know what kind of reasons they require.

I plan to appeal. Could any one give me suggestions? Is there high possibility that I can win?

What status do I have before the final decision is made (appeal)? Can I work during that period? Can I use the OHIP card to cover the maternaty examinations and cost of giving a birth?

If I reapply for PR again under sponsor class (my husband), is the possibility of getting PR higher or lower than win an appeal?

Thanks a lot for any suggestion or comments.

Jessie
 

Suin

VIP Member
Sep 14, 2008
4,037
285
Ontario, Canada
Category........
Visa Office......
CIC Etobocoke, H&C Grounds
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Pre-Assessed..
App. Filed.......
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24-02-2015, PR Card Received: 02-04-2015
is your spouse PR holder? you can apply for sponsorship again - timelines depend on the visa office. let's wait and see what senior members say about your chances for appeal.
don't give up.
 

AAZH

Newbie
Nov 20, 2009
5
0
I think you have enough Humanitarian and compassionate grounds to win the appeal, specially when you are expecting a baby. Applying again is an option but i think during that time your baby will be delivered and after his/her birth you have to again live away from your spouse for atleast 6-8 months.

Rgds,
 

jessie

Newbie
Dec 16, 2009
3
0
Suin said:
is your spouse PR holder? you can apply for sponsorship again - timelines depend on the visa office. let's wait and see what senior members say about your chances for appeal.
don't give up.
Thanks.

Yes, my husband is a PR holder and he is applying for the citizenship.
I am worrying that whether or not I can use the OHIP card before appeal. If not, give birth to a baby in Canada is really expensive. After a couple of months, I may not be able to take long distance flight to travel back to my own country (totally 20 hours flight and about 4 hours transit). But I heard I need to wait a long time for hearing.
 

jessie

Newbie
Dec 16, 2009
3
0
AAZH said:
I think you have enough Humanitarian and compassionate grounds to win the appeal, specially when you are expecting a baby. Applying again is an option but i think during that time your baby will be delivered and after his/her birth you have to again live away from your spouse for atleast 6-8 months.

Rgds,
Thanks AAZH
Another problem for re-apply is: if my appeal is refused, whether re-apply will be considered the same situation? In the appeal, I need to show that I intend to live in Canada, but they don't believe. So when I re-apply, they also can refuse my case using the same reason. :-(
 

rsslove

Newbie
Jul 27, 2010
2
0
Hi Jessie,

I just saw your post at CanadaVisa.com Immigration Forum. - "Appeal - application for travel document was refused"

I am actually also in similar situation.
I got Canadian PR in sept 2004, but had to return after 3 months to India as my mother was very sick and there was no one to take care of her that time.

Now (July 2010) my PR card has already been expired and I have not completed the Residency requirement of 2 years.
I applied for Travel Document on Humanitarian and Compassionate (H & C) ground but it was refused.
They mentioned that I could appeal if needed, but I am not sure if it is worth it.

Can you please update me with your status and situation ?
Did they consider your appeal for Travel Document once it was refused ?
Did they issue you a Travel document after your appeal and what documents/information did you provide to them ?

I will really appreciate if you could advise and help me out.

My Email : Ravish_shah@yahoo.com

Thanks in advance and waiting for your reply.

Regards.
Ravish