Help me live the dream!

[instadan]

Okay scrub the DL question I just did some digging in to that one. pretty handy just to swap altho id have to wait till first week of jan to swap but can still drive on it for 90 days.

also i take its not worth applying for a travel document if im going down this route?

 

[instadan]

Anyone.....main benefits to appealing on Canadian soil?

 

[Msafiri]

Applying for a TD adds risk and processing time to your return to Canada. Its the only option non visitor visa exempt PRs have whereas your UK passport saves you this hassle and you can board a flight at your convenience.

The visa post in London has the time and resource to conduct a full investigation of the reasons for your breach of the RO. They may decide they are not compelling and refuse your TD which if you don't appeal or lose at appeal then you lose your PR Status. The appeal process can be anywhere between 12-18 months. Add the same time if it goes to the Federal Court for judicial review.

The CBSA agent at the border doesn't have the same time to look into your breach - he/she needs to clear your through the inspection lines in minutes. If there are any issues Secondary take over and if need be the local CIC office...by then you are in Canada.

If it doesn't work out with the PR entry and you don't want to appeal then relinquish it and get a work permit. Shouldn't be difficult as a plumber likely LMO (job advert) exempt. The re-apply for PR.

Your call!

 

[instadan]

ahhh so i would still gain access to canada but would have to wait for them to assess my case before i knew if can keep my PR status but as you mentioned before being removed as a minor will put me in a good position to appeal?

Many thanks

 

[Msafiri]

Minors usually get a pass but in life there is 2 ways of doing things to get to the same result - the easy way (visitor visa exempt) or the hard way (TD route)...

 

[instadan]

Im just going to go for it next month and see what happens, still a bit sceptical but Im done with this country!

Thanks for all you help!

 

[instadan]

Am I likely to get a decision in the visa office at the airport? if not or if its a no and i choose to appeal what is the timescale of appeal?

 

[instadan]

Also the appeal for being removed as a minor will it be affected by the fact ive been back 2 twice since the initial landing, once when i was 17 on a travel document for 6 months and again last year when i was 19 as a visitor for a month?

 

[zardoz]

Also the appeal for being removed as a minor will it be affected by the fact ive been back 2 twice since the initial landing, once when i was 17 on a travel document for 6 months and again last year when i was 19 as a visitor for a month?

On what basis were you granted a travel document? This could be crucial...

 

[instadan]

Because I never applied for a PR card because I couldn't guarantee my address in canada for long enough for it turn up

 

[zardoz]

Because I never applied for a PR card because I couldn't guarantee my address in canada for long enough for it turn up

In that case, I don't think that it would have a negative effect on your efforts.

 

[instadan]

okay thats one question in my mind answered. the other is if i travel to canada with a expired PR visa (last month) and without a TD then explain i was removed as a minor to CBSA etc what are the chances of getting a answer then and there? and if they don't can i work whilst they decide? and work during appeal if they say no? the reason I ask is because if they say no i want to be back in the uk within 4 weeks so i can keep my job.

 

[zardoz]

The way that I understand it is that if you can show them that you are a PR, they will let you through the border. You can then try to get a SIN and work. The only question is whether or not you will be reported. They should tell you there and then if you will be. If you are not, you are home and safe but applying for a PR card immediately without waiting to meet the residency obligation requirements would be a SERIOUS mistake as it would trigger an investigation into your residency.. You are then back to square one of having to fight for your PR on H&C grounds, as if you had applied for a PRTD in the first place.

 

[Msafiri]

I think the fact that you already got issued 2 TDs especially one when not a minor means you've been given an opportunity to deal with your residence situation and the 'removed as a minor' angle won't fly this time round unless the judge is sympathetic.Take a risk at the port of entry. If you get reported you can work until the case is decided. If its all too much for you then re-apply for PR via the trades route...after all if its as bad as you say it is for you in the UK then Canada needs your skills.

 

[instadan]

Took a risk and applied for a travel document at the uk embassy 2 weeks later and a interview on compassionate ground I've kept my residence and land in Canada next week..... Happy days!