Issue of Travel Document

[SwatiSD]

We got our PR in 2009 and it will expire in Sep 2014. My daughter is studying in India from 2009 to 2012. She got her name changed before her CBSE IX exams in 2011. We have got her passport changed but the new one does not have an immigration visa on it. Since the PR card cannot be changed from outside Canada, we will have to be in Canada to get it changed. We are planning to move to Canada in Apr 2013. She has been in Canada for 80 days till now. I have been in Canada for 641 days till Jan 2012. My father expired and I had to come to India. Now after her X class exams we both will be moving to Canada in APR 2013. As I am 89 days short of my PR residency obligation, I will be able to complete it by Jun 2013. But my daughter if moves to Canada in Apr 2013, she will be able to complete only 628 days till Sep 2014. Now in this case, will the embassy issue a travel document knowing that the no. of days till Sep 2014 will not be 730. Will my no. of days in Canada benefit her in meeting the residency obligations for the issuance of travel document?

 

[Leon]

You will not have a problem because you can still meet the residency requirements but your daughter has a problem. She will not get a travel document if she doesn't meet the requirements unless she has some good mitigating circumstances. Studying outside Canada does not fall under that. You meeting the requirements will not help her.

She could try and see if an airline will allow her to board a plane showing her old and new passport, proof of name change and PR card. If not, she can try to apply for a US visa and from the US, go to the land border and cross in a rented car, private car or on foot. Once she arrives at immigration, she can show her still valid PR card, old and new passport and proof of name change.

The immigration officers have the right to report people for not meeting the residency requirements if they believe they don't. However, they don't seem to do it very often. She may get lectured about not leaving Canada any more etc.

If she manages to enter Canada without being reported, she should not try to renew her PR card until she has 730 days within the past 5 year period. This means her PR card will expire and she will not renew it but that is ok. The PR status is not tied to the card. She can still stay in Canada with an expired card. Note that once 5 years have passed from her landing, the days she stayed shortly after her landing will move outside that 5 year window. If you are a PR for more than 5 years, you can not count days since landing, you can only count days that fall in the window of the past 5 years.

If she applies for a travel document or gets reported on entry and loses her PR, you can sponsor her again if she is not married and either under 22 or over 22 and still a full time student and financially dependent on you. As a PR sponsor, you would have to be residing in Canada in order to sponsor her. If that happened, she would have to find something else to study to keep her status as a full time student until she gets her PR again.

 

[SwatiSD]

Thanx Leon for all the information.