Initial PR card for a 2001 Permanent resident

[sherry1123]

Hi,
I moved with my family to Canada in 2001 when i was 11 years old. However my dad took us back against our decision in 2002. I never got a PR card because back in early 2002 they did not have PR cards. In OCT 2010 i applied for Travel document on Humanitarian Grounds and got the travel Document which expires in april 2011.

Regarding the PR card will i be given the PR card in 21 days which is the time mentioned for the initial PR card because technically this is going to be my first PR card?
or will it take 7 months.?

I want to come back to canada to live here forever but i will have to go back once in order to complete my degree and thats why i need the PR card.

Mr Leon or some other experienced person please help me in this regard

Thanks

 

[Leon]

You are probably looking at the 7 months because you are not coming to land like a first time PR, you are coming as an existing PR and will have to apply for your card. You could ask for it to be expedited based on your need to travel soon in which case it might only take 1-2 months.

Keep in mind that as a PR, you must meet the residency requirements of staying in Canada 2 out of every 5 years. If you do not get your PR card at this time or you get one but it is lost or damaged and you end up in the situation of being outside Canada and needing to apply for another travel document in 2 or 3 years, if they see that you have not lived in Canada at all since you got the first travel document approved, they might not give you a new one.

 

[sherry1123]

how about this for an option

I dont come at all this time around and reapply for the travel document in december 2011. At that time I can just come and stay there continuously for a period of three years without going back.

I had one other question
Do i have to be personally present after the 7 months time to collect the PR card. IF not then my friends there can easily send me my PR card when they get it on the address and send it to me so that i can travel on it back to canada without requiring the TD again.

Please suggest the best possible solution
Thanks

 

[Leon]

Will they give you a travel document in December 2011? Some people feel that if they give you a travel document, it should give you clean slate with another 3 years time to be spent outside Canada before you lose your PR again but I am not sure that is how immigration really sees it. They gave you a travel document the first time because you said that you wanted to go back to live in Canada. If you let it expire and then ask for another travel document, they might not think you are serious about your plans to live in Canada but really, I don't know. I think you should discuss your problems with the embassy. Maybe it's not a problem at all.

As for your PR card, as a new PR, your PR card is mailed. As an existing PR with the 7 month processing time, you have to go in person and pick your card up. If you ask for your PR card to be expedited, it might only take 1 or 2 months but yes, better to stay in Canada until you get it. Can you take a year off from your studies? If I was in your situation, that is what I would try to do not to risk the PR.

 

[sherry1123]

so if i apply for the PR card and get back, i can write on the TD application that i have to go back to canada to collect my PR card. Would that work as a solid ground for giving me the TD.

Many thanks for the previous answers

 

[Leon]

I do not know. I am not familiar with the rules for TD. They say that the TD is issued for you to be able to travel to Canada to take up residence in Canada again. They do not actually say that it enables you to continue to live outside Canada and still keep your PR.

You can find something at http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf on pages 28 and 29 about travel documents. For example, it includes this:

It is to be noted that the validity period of an A31(3) travel document will be set by the officer overseas approving the case. Generally, the validity of an A31(3) travel document will be short; for example, between one to three months. However, it is also recognized that there might be good reason for the validity period to be longer.
Accordingly, CAIPS will not prevent longer periods of validity if an officer overseas deems them to be warranted. Notwithstanding this, officers should remain cognizant that the purpose of the A31(3) travel document is to facilitate travel to Canada. It is not intended to serve as a document to guarantee the ability of a permanent resident to return to Canada for an extended period in the future.

You can also check if you find something here: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf

According to the first quote, I suppose you can ask the embassy if they could prolong the validity of your travel document until you have completed your studies. Maybe they will.

 

[sherry1123]

HI Leon
I wrote to the embassy as u said. They say that the date on the travel document can not be extended. I guess if i do not go to canada and let this TD expire then i will have to apply all over again for the TD this November.

The documents that u suggested that i should read hint that they consider the best interests of child in taking the decisions on the basis of humanitarian grounds. And Since i wont be 22 (22 and under is a child )till october of this year i guess this goes in my favor. But the fact that this will be my 2nd TD gone unused will definitely go against me.

The effect of a recent, favourable humanitarian and compassionate decision
Officers will sometimes make residency determinations for permanent residents who were the
subject of favourable decisions under A28(2)(c) for H&C reasons in the recent past, either by an
officer or the Immigration Appeal Division of the IRB. In this situation, officers are required to
exercise their statutory authority and render independent decisions. However, officers should be
mindful that the intent of the legislation was to enable persons to retain permanent resident status
where it is determined that, having regard to all circumstances, retention of status is warranted.
Therefore, unless circumstances have changed significantly or new information is available, it
would not be consistent with the intent of the legislation for these persons to receive a negative
determination.

This would also presumably go in my favour. But do tell me what exactly do they mean by recent. I got my TD on 29th october 2010 and will probably be reapplying in october 2011, Would that be considered recent?

What do you think my overall situation looks like if i have to apply for a TD in november yet again.


Thanks

 

[sherry1123]

Hey Leon
Awaiting your comment ....
Thanks

 

[Leon]

So it seems that the embassy will not or can not extend the TD and can not guarantee that you will get it again if you apply again in November?

If I was in that situation, I would try to take a 1 year break from my studies not to risk the PR but that is a question you have to answer for yourself based on your situation.

 

[sherry1123]

hi leon,
The travel document expired and i wasnt able to use it.
My studies are ending this november and i intend to apply again for the prtd on hnc grounds. What do u thnk about my chances? What should i include in my application to make it a very compelling case? I wil be turning 22 this october.
Thanks
awaiting ur reply,
sherry1123