I received "Procedure fairness letter" for my Permanent Resident Travel Document application, please let me know what should I do?

[manish_canada]

Hi

I became Permanent Resident of Canada on 21st May 2015 and completed 733 days in my first 5 years that completed on 20th May 2020. I had planned to move back to Canada on 01st April 2020 but due to COVID, I was unable to move back, as I am single have no known person in Canada, and now that I am fully vaccinated so I sent my application for Permanent Resident Travel Document on 05th January 2022 along with proof of my fully vaccination certificate, my air ticket of 01st April 2020 which got canceled by the airline at that time and my homestay booking of 01st April 2020 which also got canceled by the homestay owner at that time and today I received the following Procedural Fairness Latter that I have not fulfilled my residency obligation in past 5 years., kindly let me know what should I do?

Dear Manish Khanna,



This refers to your application for a Permanent Resident Travel Document (PRTD).



Based on the information you provided, I am not satisfied that you have fulfilled your residency obligation as a permanent resident of Canada. Specifically, you have not demonstrated having been physically present in Canada for a minimum of 730 days within the past five years, or otherwise complied with the residency obligation outlined in section 28 of the Immigration and Refugee Protection Act.



Before making a final decision, I am giving you the opportunity to submit additional information and/or documentation that would allay my concerns. You may also submit new or additional information pertaining to humanitarian and compassionate considerations explaining your situation. Please explain what the consequences would be if you were to lose your permanent resident status and, if applicable, include information pertaining to the best interest of any minor child.





Please note that an invitation to take the Oath of Citizenship or an appointment to pick up a permanent resident card are not considered evidence of having complied with the residency obligation for permanent residents.



Please provide the information requested along with new and/or additional information and supporting documentation within 30 days from the date of this message. Any individual attachment can be a maximum of 2 MB. The preferred format is PDF, however, JPEG, TIFF, DOC, and DOCX formats are also accepted.



If you do not respond to this message or if your submission does not allay my concerns, your application may be refused.


Thanks
Manish Khanna

 

[scylla]

Hi

I became Permanent Resident of Canada on 21st May 2015 and completed 733 days in my first 5 years that completed on 20th May 2020. I had planned to move back to Canada on 01st April 2020 but due to COVID, I was unable to move back, as I am single have no known person in Canada, and now that I am fully vaccinated so I sent my application for Permanent Resident Travel Document on 05th January 2022 along with proof of my fully vaccination certificate, my air ticket of 01st April 2020 which got canceled by the airline at that time and my homestay booking of 01st April 2020 which also got canceled by the homestay owner at that time and today I received the following Procedural Fairness Latter that I have not fulfilled my residency obligation in past 5 years., kindly let me know what should I do?

Dear Manish Khanna,



This refers to your application for a Permanent Resident Travel Document (PRTD).



Based on the information you provided, I am not satisfied that you have fulfilled your residency obligation as a permanent resident of Canada. Specifically, you have not demonstrated having been physically present in Canada for a minimum of 730 days within the past five years, or otherwise complied with the residency obligation outlined in section 28 of the Immigration and Refugee Protection Act.



Before making a final decision, I am giving you the opportunity to submit additional information and/or documentation that would allay my concerns. You may also submit new or additional information pertaining to humanitarian and compassionate considerations explaining your situation. Please explain what the consequences would be if you were to lose your permanent resident status and, if applicable, include information pertaining to the best interest of any minor child.





Please note that an invitation to take the Oath of Citizenship or an appointment to pick up a permanent resident card are not considered evidence of having complied with the residency obligation for permanent residents.



Please provide the information requested along with new and/or additional information and supporting documentation within 30 days from the date of this message. Any individual attachment can be a maximum of 2 MB. The preferred format is PDF, however, JPEG, TIFF, DOC, and DOCX formats are also accepted.



If you do not respond to this message or if your submission does not allay my concerns, your application may be refused.


Thanks
Manish Khanna

For the PRTD to be approved, you must have lived in Canada for at least 730 days in the last five years from the time you submitted the PRTD application. Based on the information you provided, you do not meet this requirement and that's why you have received the PFL. A PFL indicates that IRCC plans to refuse your application.

You will need to respond to this letter to request H&C considerations since you do not meet the residency requirement. You'll want to explain in detail what the H&C reasons are that prevented you from returning to Canada and provide evidence of these reasons where possible.

Being single and not having anyone in Canada won't be considered as H&C reasons. Do you have anything else?

 

[Naturgrl]

Why could you only move in April 2020 and not anytime in 2020 or even early 2021? Why did you wait until 2022 to apply for PTRD when you were no longer eligible.

 

[manish_canada]

Hi Scylla

Thanks for your reply.

The only genuine H&C reason I have is COVID.

Would it help if I say the consequences it will have on me if my application would be refused like the effort, the time, and the money I already spent on this affair since 2014 when I started applying for Permanent Residency in Canada and after receiving Permanent Residency in 2015 I spend 2 years discontinuously by spending time in Canada in 2015, 2016, 2017 and 2018? Also, I had a genuine intention of moving back to Canada in 2020, 2 months before the completion of my first 5 years but due to COVID, I was unable to move at that time. Also in the past 2 years i.e. since April 2020, I have attended a lot of online webinars from Canada to keep myself relevant for Canada.

Please let me know.

Thanks
Manish Khanna

 

[manish_canada]

Why could you only move in April 2020 and not anytime in 2020 or even early 2021? Why did you wait until 2022 to apply for PTRD when you were no longer eligible.

In early 2021 my PR was already expired and I was waiting to get fully vaccinated so I waited till 2022.

 

[canuck78]

Hi Scylla

Thanks for your reply.

The only genuine H&C reason I have is COVID.

Would it help if I say the consequences it will have on me if my application would be refused like the effort, the time, and the money I already spent on this affair since 2014 when I started applying for Permanent Residency in Canada and after receiving Permanent Residency in 2015 I spend 2 years discontinuously by spending time in Canada in 2015, 2016, 2017 and 2018? Also, I had a genuine intention of moving back to Canada in 2020, 2 months before the completion of my first 5 years but due to COVID, I was unable to move at that time. Also in the past 2 years i.e. since April 2020, I have attended a lot of online webinars from Canada to keep myself relevant for Canada.

Please let me know.

Thanks
Manish Khanna

You spent 735 days in Canada over 4 years. How long did you spend each year? Did you ever rent a home? Work? Many traveled from India through the pandemic but especially after receiving 2 vaccinations which were both available in India quite a while ago. Have you been working in India since you returned to India including during covid? After the first 5 years RO becomes so in the past 5 years how much time have you spent in Canada (from February 24/17 Feb 24/22)? That will be what is being considered at the moment.

 

[manish_canada]

You spent 735 days in Canada over 4 years. How long did you spend each year? Did you ever rent a home? Work?

I spent approximately 6 months each year in Canada i.e. 2015, 2016, 2017, and 2018 totaling 733 days in my first 5 years. I stayed throughout in homestays on the month on month basis and never did any lease. I worked for 3 months in Canada and I already sent IRCC the reference letter I received from there.

May I know how does this have any impact on my application?

 

[armoured]

May I know how does this have any impact on my application?

Two things: it looks like you didn't spend all that much time in Canada, never really established a household, and didn't work much in Canada - i.e. that you did the minimum to get to 730 days and then stopped even coming to Canada. And as it stands now, that you haven't been in Canada for three or four years - clearly not deep ties to Canada.

Covid - sure, make your case, that you wanted to get vaccinated before risking, whatever argument you can make. Not guaranteed it will be accepted but make your case.

Good luck.

 

[canuck78]

Two things: it looks like you didn't spend all that much time in Canada, never really established a household, and didn't work much in Canada - i.e. that you did the minimum to get to 730 days and then stopped even coming to Canada. And as it stands now, that you haven't been in Canada for three or four years - clearly not deep ties to Canada.

Covid - sure, make your case, that you wanted to get vaccinated before risking, whatever argument you can make. Not guaranteed it will be accepted but make your case.

Good luck.

Yes you should show when the 2nd vaccine became available in India. If availability was dependent on age put down when your age group could get vaccinated. Were you working through the past 2 years? Did you only work from home or did you work outside of the home?

 

[canuck78]

I spent approximately 6 months each year in Canada i.e. 2015, 2016, 2017, and 2018 totaling 733 days in my first 5 years. I stayed throughout in homestays on the month on month basis and never did any lease. I worked for 3 months in Canada and I already sent IRCC the reference letter I received from there.

May I know how does this have any impact on my application?

I can see how this can be problematic for your H&C application. You never established yourself in Canada so it won’t be a major life change if you can’t return to Canada. Do you have claim EI or apply for welfare during your time in Canada. Were you working remotely for an Indian company during your time in Canada or did you live off of savings? Did you return to the same job year after year after spending 6 months in Canada?


How much time has been spent in the past 5 years from today because that is what is going to be looked at. It looks like you may have 365 days or less. That is also important.

 

[manish_canada]

Yes you should show when the 2nd vaccine became available in India. If availability was dependent on age put down when your age group could get vaccinated. We’re you working through the past 2 years. Did you only work from home or did you work outside of the home?

No, I am not working for the past 2 years but studying and upgrading my skillset via online learning platforms and online webinars from Canada. I also sent IRCC the educational certificates that I earned in the past 5 years including the last 2 years.

 

[canuck78]

No, I am not working for the past 2 years but studying and upgrading my skillset via online learning platforms and online webinars from Canada. I also sent IRCC the educational certificates that I earned in the past 5 years including the last 2 years.
[/QUOTE


Did you get a degree and pay tuition? If it was online you could have done this in Canada.

 

[manish_canada]

I can see how this can be problematic for your H&C application. You never established yourself in Canada so it won’t be a major life change if you can’t return to Canada. Do you have claim EI AOR apply for welfare during your time in Canada. Were you working remotely for an Indian company during your time in Canada or did you live off of savings? Did you return to the same job year after year after spending 6 months in Canada?


How much time has been spent in the past 5 years from today because that is what is going to be looked at. It looks like you may have 365 days or less. That is also important.

I was on welfare + savings

 

[canuck78]

I was on welfare + savings

That will certainly weaken you H&C case. How many times did you get welfare and for how long? To qualify for welfare you have to show very little assets. How were you able to fly so much? You were required to have a certain amount of funds to land in Canada. When looking at H&C PRTDs the fact that you didn’t establish a life in Canada (it seems like you may have thought you had to be in Canada over 6 months per year), that you only worked for 3 months (did you receive EI or did you return home?) and that you were dependent on welfare at least once but maybe more than once doesn’t show that you’ve attempted to establish a life in Canada and that you haven’t contributed to Canada. Did you advise welfare when you left Canada? Did you get a job every time you returned to India from 2016 on?

 

[scylla]

Hi Scylla

Thanks for your reply.

The only genuine H&C reason I have is COVID.

Would it help if I say the consequences it will have on me if my application would be refused like the effort, the time, and the money I already spent on this affair since 2014 when I started applying for Permanent Residency in Canada and after receiving Permanent Residency in 2015 I spend 2 years discontinuously by spending time in Canada in 2015, 2016, 2017 and 2018? Also, I had a genuine intention of moving back to Canada in 2020, 2 months before the completion of my first 5 years but due to COVID, I was unable to move at that time. Also in the past 2 years i.e. since April 2020, I have attended a lot of online webinars from Canada to keep myself relevant for Canada.

Please let me know.

Thanks
Manish Khanna

If the only genuine H&C reason you have is COVID, then that's the argument you will need to use. Provide whatever evidence you can to support this. Make sure you respond to IRCC within the 30 days you have been given. You can certainly mention the consequences of losing your PR status. However I would recommend you focus most of your response on the circumstances that prevented you from moving to Canada and meeting the residency obligation. Good luck and let us know how it goes.