+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

YoyoTofi

Star Member
Apr 7, 2014
73
10
Job Offer........
Pre-Assessed..
Hi All :),

I'm a new member and this is my first post and I hope you to help me.

Me and my wife are a protected person, we applied for a permanent residence and the application was received in Dec 20, 2012.
Then they ask me to provide them a police certificate from the country that I was live in and I contact the embassy and send them the fingerprints and after 2 months I have received my fingerprints form the embassy and I have forwarded it immediately to the CIC.

On March 4, 2014 I have received email form CIC as below:

[X] As part of this application process, you are required to provide a set of your fingerprints.
Please check the following CIC website for further details:
or contact the
Call Centre, toll free, at 1-888-242-2100. Please take this letter to a service provider and
arrange to have your fingerprints taken as soon as possible.

And I did my fingerprints electronically at the Commissionaire and I called the CIC today and the said the have my fingerprints and so far they have everything they asked for as they said and I have to wait for their next contact. My questions are:

1. Is it correct that there is nothing is required from me even a medical test? ::)
2. How long it take to hear from them again BTW they request the finger prints March 4, 2014 and they received the result on March 14 as they told me on the phone? ::)
3. What should I expect from them in the next contact? :-[
4. Should I apply for a PR card or CIC will take care of that and send me the card only? ???

Sorry for the many questions but I really got tired and frustrated form whole process and I just want it to be done.

Thanks in advance
 
1. You will have to take a medical. CIC will send instructions.

2. CIC processing times page states as at today April 7, 2014 they are processing applications received upto Dec 17, 2013. They state the first stage takes 3 months. They then state the second stage takes 10 months. So the total timeline is 13 months. Can you clarify if you did submit in 2012 not 2013?

3. Medical request.

4. You can only apply for a PR Card once you are landed. The landing will be done at the end of the process at the Local CIC office nearest to your residence. It will involve an interview where you confirm your family unit and marital status has not changed and that you have no criminal convictions (including those awaiting trial).

Depending on your Local Office, Intelligence Checks (CSIS) as well as Immigration Checks (CIC now review refugee PR applications in details to check on the validity of your initial claim and grounds for cessation) your process time may be well beyond 13 months especially if you are in a slow/ over loaded Local Office (anywhere not in the GTA). Have you left Canada since you were granted protected person status?
 
THANK YOU for the reply.

I’d like to mention that I did a medical test when I entered Canada in 2012, also I called them before one week to ask them is there any requirement and they confirmed that they have everything that asked me for on their system.

My application was submitted on Dec 20, 2012 but I received on October 2, 2013 request for a Police Certificate from the country that I was living in “egypt” and I did that and I sent them the result after 4 months.

On March 4, 2014 they request a set of fingerprints, I did it on March 6 and I called them, CIC calling center said they received the result on March 14, 2014.
CIC told me that I do not need to apply for a PR card as they will tack care of the application after the interview and the PR card will be sent to me by mail.

I live in Hamilton Ontario and I do not know if that a good or bad in terms of processing times.

I did not go outside Canada so far BUT that is the case: I’m currently employee and my employer wants to send me to Dubai for a business trip, I called UAE embassy and they not accept the travel document only a regular passport, also I applied for same reason before with me refugee travel document for a US visa but I got rejected although it a business trip. Honestly the travel document not helping at all.
Now I need some advice from you regarding my case above and what you suggest me to do also is there is ANYWAY to speed up my process, I mean if I send CIC a letter explain my work situation, is that would help?

Thanks again
Ali
 
1. Medicals expire usually within 12 months but CIC will advise if fresh medicals are needed. The request for fingerprints and police certificates is a good sign.

2. Hamilton is a fast office so you should be processed at the quoted timeline.

3. In my opinion CIC are not going to expedite your application so you can leave Canada for employment. PRs that have applied for citizenship have a hard time with the same request so where do you think a protected person stands?

4. Even when you get your PR you will still have to use the travel document so I don't see how this resolves your travel limitations? Using your national passport has been deemed by CIC and the Courts to be a ground for revoking your PR on the basis that it proves you no longer require protection.
 
Question: If can’t use my passport so why CBSA accepted to return it back to me after the IRB interview and getting approved for protection?

I’m not planning to go for my original country and for sure that would revoke my protection status.

Many countries are not accept or dealing with the travel document like Arab Gulf countries “UAE, Qatar,…etc” even if you have a PR.

A counselor in the YMCA told me long time ago that I can use my national passport again after getting the PR so is that a new change/bill? I know people which were came to Canada through United Nation program “UN” and using their passport to go to the united state so I’m a little confused.

Sorry for keep asking you as I very appreciate your answers.

Thanks
 
1. Your national passport is the property of the government of your country of citizenship. CIC has no need for it once your refugee/ asylum claim has been decided so it gives it back. CIC does not give you a letter or direct authority to use the document for travel so what makes you think handing it back does? CIC issues refugee travel documents - apply for one which requires you to return the national passport to Passport Canada. This so you don't have 2 travel documents.

2. Its not CIC's business to make travel easier, better, faster for you. They gave you Canada's protection which is where their duty ends. Your non Canadian travel related issues are none of their concern. Governments have the right to decide what travel documents they accept. This is the real problem and any complaints really should be to the GCC countries not to Canada.

3. CIC can ask the Immigration And Refugee Board to commence cessation/ revocation of your protected status if you re-avail the protection of your country. Using your national passport of the same country that you claim is persecuting you really does mean you are not in danger. This is what case law says so I would forget about what the YMCA person said unless they can provide you a legal position/ documentation on this.

4. Sorry it seems harsh but you just have to suck it up that travel will be an issue on your travel document/ national passport and/or put your Canadian status at risk.
 
Dear Msafiri,
I know exactly what are you talking about. I remember minister Kenny's bill that passed in June 30th that deemed anyone who goes back to the country of prosecution or use their passport or even renew it will consider no longer in denger and my loose their PR status "cessation".
But I still hesitance about it for two reasons,
First, I got my PR about a month ago, in my interview I've told the agent that I can't use travel document to visit family in one of the gulf countries and I'd like to know if there is another way; she advised me to wait for my passport to be released from the border and use it to go there, I explained my fear about the bill but she assured me that it's OK as long as I'm not visiting my country of origin (country of prosecution).
Second, I tried to find this rule in the bill but never succeeded, all I could find is articals about Kenney's proposal, but never found the bill itself.

If, by anyway, you found the exact wording in the bill please post the link so we can all at least have comfort of knowledge.
Thanks.
 
I actually found the bill and it never says anything about using your passport under cessation
Here is the cessation part in the bill

Cessation of Refugee Protection

Marginal note:Rejection

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.
Marginal note:Cessation of refugee protection

(2) On application by the Minister, the Refugee Protection Division may determine that refugee protection referred to in subsection 95(1) has ceased for any of the reasons described in subsection (1).
Marginal note:Effect of decision

(3) If the application is allowed, the claim of the person is deemed to be rejected.
Marginal note:Exception

(4) Paragraph (1)(e) does not apply to a person who establishes that there are compelling reasons arising out of previous persecution, torture, treatment or punishment for refusing to avail themselves of the protection of the country which they left, or outside of which they remained, due to such previous persecution, torture, treatment or punishment.
 
Mazcar said:
I actually found the bill and it never says anything about using your passport under cessation
Here is the cessation part in the bill

Cessation of Refugee Protection

Marginal note:Rejection

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.
Marginal note:Cessation of refugee protection

(2) On application by the Minister, the Refugee Protection Division may determine that refugee protection referred to in subsection 95(1) has ceased for any of the reasons described in subsection (1).
Marginal note:Effect of decision

(3) If the application is allowed, the claim of the person is deemed to be rejected.
Marginal note:Exception

(4) Paragraph (1)(e) does not apply to a person who establishes that there are compelling reasons arising out of previous persecution, torture, treatment or punishment for refusing to avail themselves of the protection of the country which they left, or outside of which they remained, due to such previous persecution, torture, treatment or punishment.

See the statement that I put in bold from your quote? When you travel using your passport, no matter what country it is issued from you are availing/affording yourself the protection of THAT country. If you have a problem in the country you have traveled to, you would need to find the embassy of the country where your passport was issued ... so, have you or have you not re-availed yourself of your country of origins protections by using that passport ....

Just because the specific wording does NOT say 'passport' means nothing. I'm sure if you really wanted to get to the nitty gritty of it you would need to talk to a lawyer that works for CIC or immigration and ask them, would this statement encompass the use of my original passport. I am willing to bet dollars to donuts that it would in fact be answered with an emphatic yes.

I do have a question that lingers in the back of my head sometimes though. If you left your original country due to persecution or what have you, and chose to have Canada be your country of protection to keep you safe from persecution, what makes you think you would be safe to travel outside of Canada since another country, say in the UAE would have no qualms about sending you immediately back to where you were born regardless of your protection in Canada.

I am just curious is all as I know if I truly felt I needed protection from my country of origin and another country was willing to provide that protection, until I could give definitive proof that I was a citizen of said country I surely wouldn't risk my life by leaving that country.
 
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;

Whoever drafted this clause put the l in legalese...its so wide ranging to cover a range of scenarios. When you use the passport of your country for travel you are re-availing yourself the protection of your country....wherever you go you are deemed a citizen of the said country. Alurra 71 expands by way of a most solid position that were you to get into any trouble in this 3rd country they can legally deport you back to your country of citizenship. If you ask for consular protection they won't call the Canadian Visa post they will call your home country.

CIC and the Feds albeit belatedly got peeved off with all the refugee claimants who the minute they got protected status suddenly went back home to the very country that they claimed persecuted them or then used the same country's passport to travel around the world. Genuinely repressive governments that persecute people tend to deny them passport facilities....when you use your national passport chances are that you are likely not on the persecuting country's radar and it falls to CIC to re-examine your claim!