Hi, I am a permanent resident with a Korean citizenship, presently serving 1 year and 9 months of mandatory military service obligation in south Korea. As already knowing the fact that I am no meeting my PR residency obligation, I have many questions regarding how to keep my PR residency.
Prior to the questions, I would like to briefly explain my reasons why I could not meet the PR residency obligations of 730 days in past 5 years. (Dates below might not be accurate since I am not carrying my past passports with me. I’m writing this in the military)
2012. Oct. 22nd ~ 2013. July. 22nd (273 days in South Korea)
I visited South Korea due to my father’s illness (severe depression) without a PR card. My plan was to be in south Korea for approximately 6 months (restricted stay period which South Korean government allows their non-military served citizens who are also holding PR status of other countries) to help out family business on behalf of my father (non-paid job, since it is illegal to work in south korea as a Korean PR holder who did not serve the military service).
However, 2013, strike of Canadian immigration office occurred that I could not apply for the Travel Document because nothing was sure about the process (Immigration office in south Korea was also closed that year and forwarded all the application processes to Manila, Philippine).
South Korean government gave me the extra 3 months of stay period on top of 6 months of restricted period (South Korean government gives out 3 months of extra period to leave the country to non-military served Korean PR holders those who violated the 6 months of stay for the first time) that I could stay in south Korea for total of 9 months. Then, I had to fly to 3rd country, which was Japan, in order to wait for the strike to be over.
2013. Oct. 7th ~ 2014. Jan. 29th (114 days in Canada)
I entered Canada as soon as I received the Travel document in Japan and immediately applied for the PR card. As soon as I received the PR card, I entered back to South Korea, since I fulfilled the 6 months of away period from South Korea that I was eligible to re-enter. by thenj, since I could count my PR residency obligation of Canada including 2009, 2010 and 2011, years I never left Canada except for a month, I could still have enough residency days even after the military service period, if I started the military obligation in early 2014.
2014. Jan. 29th ~ 2015. May. 4th
As acknowledging I will still meet my residency obligation after the mandatory military service term, I decided to serve the military service obligation of South Korea that I went for a mandatory physical examination to enter the military, however, through the physical examination process, they found that I have a severe depression (I didn’t realize I was having a depression by then, but I certainly was going through the complicated hardships during that time with problems like identity crisis, family health matters, financial matters <not eligible to work during the stay in South Korea due to the status>, having difficult situation to make decisions, and etc) that I was told to get a medical treatment for several months (as I remember, it took approximately 7 to 10 months of period in total) prior to the 2nd and 3rd physical examination trial because when it comes to the neuropsychiatry problem, it is hard for them to judge whether I am eligible to go to the military or could be exempted from the mandatory obligation. My entering process to the military got delayed.
During this treatment process, 6 months of restricted stay had to be violated again that I had to be prohibited to depart South Korea until I finish the mandatory military service obligation. I eventually entered the military as of 2015. May. 4th, as claiming to the physical examination agent at my 3rd trial that I am willing to serve the military obligation regardless of the depression because I felt the process is only negatively affecting my time of decision and PR residency obligation.
2015. May. 4th ~ 2016. April. 19th <present> (351 days in Korea)
I am presently serving a military service and this mandatory obligation will be over by 2017. Feb. 3rd. And my PR card is expired on January.
Due to the reasons above, I have violated the PR residency obligation of Canada and wondering if it is good idea to apply for the Travel document at this point. Korean military allows Korean PR holders to visit countries where they are holding a PR of, during maximum of 14 days of break period, transportation on their bill. I have two fixed break periods left to visit Canada if necessary. So, I have about maximum 28 days in total to stay in Canada, only if the Travel document process passes me. However, even I luckily get a Travel Document permit to enter back Canada, I will have to come back to the military until 2017. February. 3rd. which is about 10 months from now.
My questions are:
1) I presently <roughly calculated from 2012 April to today, 2016. April 19th> have close to 600 days of residence and is it still better for me to apply for the Travel Document anyways regardless of the high risk of rejection? Or should I just wait until the milatary obligation is over and apply or appeal from then? It is very important for me to make future decisions on what to do about my career right after the military obligation.
2) Would the Travel Document agent consider the factors above as the humanitarian and compassionate determination field? <as I looked in <ENF23, Loss of Permanent Resident status>, there were consideration factors like:
A. Circumstances beyond the Permanent Resident’s control (compelling and beyond their control)
B. Was the Permanent Resident prevented from returning to Canada; if so, by whom and by what event?
3) Is it possible to appeal IRB ahead about my situation before I get examined or rejected from the Travel document process? Or do I have to wait for the rejection and appeal within 60days?
4) What is ‘Returning Resident Permit’? [As I read, it applies to some of those whom received PR status prior to some time in 2002, under certain circumstances. I read, any time remaining on a previously issued permit will be honored – validity (under valid permit, days outside of Canada will be accounted) but I don’t quite understand what it is and what it means]
5) Do I have to be physically present in Canada during the PR card or citizenship process?
6) Are there any differences between directly entering Canada from overseas and U.S. boarder? Don’t I need a Travel Document if I enter through U.S. boarder?
7) I am aware that my previous residence record in Canada prior to past 5 years of period does not count but I’d still like to mention to appeal that I landed in Canada in 1999 Sept 1st, when I was 15 years old and became a PR in 2001, July. I have spent almost half of my life in Canada and have met residency obligation throughout the whole 14 years of term (until 2012) more than enough. Though it was my false choice that I didn’t apply for the citizenship while I was eligible, however, back then, I also did not want to lose my Korean citizenship where does not allow dual citizenship to the male who did not serve military obligation, (just until few years ago, they did not allow the dual citizenship even after the completion military obligation) because South Korea is the country where I was born and both my parents are residing in (and I am the only child). At my age of 31, I made a hard and very belated decision on serving the military obligation, in order to keep my both residency rights and end the status complication. Would these kind of common excuses still be helpful to provide when it comes to the appeal?
Thank you so much all for your time and help on my desperate questions.
Prior to the questions, I would like to briefly explain my reasons why I could not meet the PR residency obligations of 730 days in past 5 years. (Dates below might not be accurate since I am not carrying my past passports with me. I’m writing this in the military)
2012. Oct. 22nd ~ 2013. July. 22nd (273 days in South Korea)
I visited South Korea due to my father’s illness (severe depression) without a PR card. My plan was to be in south Korea for approximately 6 months (restricted stay period which South Korean government allows their non-military served citizens who are also holding PR status of other countries) to help out family business on behalf of my father (non-paid job, since it is illegal to work in south korea as a Korean PR holder who did not serve the military service).
However, 2013, strike of Canadian immigration office occurred that I could not apply for the Travel Document because nothing was sure about the process (Immigration office in south Korea was also closed that year and forwarded all the application processes to Manila, Philippine).
South Korean government gave me the extra 3 months of stay period on top of 6 months of restricted period (South Korean government gives out 3 months of extra period to leave the country to non-military served Korean PR holders those who violated the 6 months of stay for the first time) that I could stay in south Korea for total of 9 months. Then, I had to fly to 3rd country, which was Japan, in order to wait for the strike to be over.
2013. Oct. 7th ~ 2014. Jan. 29th (114 days in Canada)
I entered Canada as soon as I received the Travel document in Japan and immediately applied for the PR card. As soon as I received the PR card, I entered back to South Korea, since I fulfilled the 6 months of away period from South Korea that I was eligible to re-enter. by thenj, since I could count my PR residency obligation of Canada including 2009, 2010 and 2011, years I never left Canada except for a month, I could still have enough residency days even after the military service period, if I started the military obligation in early 2014.
2014. Jan. 29th ~ 2015. May. 4th
As acknowledging I will still meet my residency obligation after the mandatory military service term, I decided to serve the military service obligation of South Korea that I went for a mandatory physical examination to enter the military, however, through the physical examination process, they found that I have a severe depression (I didn’t realize I was having a depression by then, but I certainly was going through the complicated hardships during that time with problems like identity crisis, family health matters, financial matters <not eligible to work during the stay in South Korea due to the status>, having difficult situation to make decisions, and etc) that I was told to get a medical treatment for several months (as I remember, it took approximately 7 to 10 months of period in total) prior to the 2nd and 3rd physical examination trial because when it comes to the neuropsychiatry problem, it is hard for them to judge whether I am eligible to go to the military or could be exempted from the mandatory obligation. My entering process to the military got delayed.
During this treatment process, 6 months of restricted stay had to be violated again that I had to be prohibited to depart South Korea until I finish the mandatory military service obligation. I eventually entered the military as of 2015. May. 4th, as claiming to the physical examination agent at my 3rd trial that I am willing to serve the military obligation regardless of the depression because I felt the process is only negatively affecting my time of decision and PR residency obligation.
2015. May. 4th ~ 2016. April. 19th <present> (351 days in Korea)
I am presently serving a military service and this mandatory obligation will be over by 2017. Feb. 3rd. And my PR card is expired on January.
Due to the reasons above, I have violated the PR residency obligation of Canada and wondering if it is good idea to apply for the Travel document at this point. Korean military allows Korean PR holders to visit countries where they are holding a PR of, during maximum of 14 days of break period, transportation on their bill. I have two fixed break periods left to visit Canada if necessary. So, I have about maximum 28 days in total to stay in Canada, only if the Travel document process passes me. However, even I luckily get a Travel Document permit to enter back Canada, I will have to come back to the military until 2017. February. 3rd. which is about 10 months from now.
My questions are:
1) I presently <roughly calculated from 2012 April to today, 2016. April 19th> have close to 600 days of residence and is it still better for me to apply for the Travel Document anyways regardless of the high risk of rejection? Or should I just wait until the milatary obligation is over and apply or appeal from then? It is very important for me to make future decisions on what to do about my career right after the military obligation.
2) Would the Travel Document agent consider the factors above as the humanitarian and compassionate determination field? <as I looked in <ENF23, Loss of Permanent Resident status>, there were consideration factors like:
A. Circumstances beyond the Permanent Resident’s control (compelling and beyond their control)
B. Was the Permanent Resident prevented from returning to Canada; if so, by whom and by what event?
3) Is it possible to appeal IRB ahead about my situation before I get examined or rejected from the Travel document process? Or do I have to wait for the rejection and appeal within 60days?
4) What is ‘Returning Resident Permit’? [As I read, it applies to some of those whom received PR status prior to some time in 2002, under certain circumstances. I read, any time remaining on a previously issued permit will be honored – validity (under valid permit, days outside of Canada will be accounted) but I don’t quite understand what it is and what it means]
5) Do I have to be physically present in Canada during the PR card or citizenship process?
6) Are there any differences between directly entering Canada from overseas and U.S. boarder? Don’t I need a Travel Document if I enter through U.S. boarder?
7) I am aware that my previous residence record in Canada prior to past 5 years of period does not count but I’d still like to mention to appeal that I landed in Canada in 1999 Sept 1st, when I was 15 years old and became a PR in 2001, July. I have spent almost half of my life in Canada and have met residency obligation throughout the whole 14 years of term (until 2012) more than enough. Though it was my false choice that I didn’t apply for the citizenship while I was eligible, however, back then, I also did not want to lose my Korean citizenship where does not allow dual citizenship to the male who did not serve military obligation, (just until few years ago, they did not allow the dual citizenship even after the completion military obligation) because South Korea is the country where I was born and both my parents are residing in (and I am the only child). At my age of 31, I made a hard and very belated decision on serving the military obligation, in order to keep my both residency rights and end the status complication. Would these kind of common excuses still be helpful to provide when it comes to the appeal?
Thank you so much all for your time and help on my desperate questions.
