Need travel document to attend citizenship ceremony but res. obligation not met

[magedhoh]

Dear All,

I am aware of the fact that a permanent resident child under 18 can acquire Canadian citizenship at the same time his/her eligible parent applies without the child having to meet the 3 years out of the last 4 residency requirement. However, I have some specific questions concerning this process that I have been unable to find an answer to on the CIC website.

My Father and I are Egyptian citizens and permanent residents of Canada (Since 06 March 2006). My father who is working full time in Canada has met the 3 years out of the last 4 residency requirement for Canadian citizenship and has hence applied on the 20th of May 2011 for Canadian citizenship for himself and added me to his application as a minor as I was 17 at the time (my 18th birthday was on the 14th of June 2011).

However, right now, I am outside Canada (in Egypt) and my permanent resident card has expired on the 16th of March 2011, so I am unable to return to Canada to attend the citizenship ceremony without a travel document. To obtain a travel document to return to Canada I understand that I must have met the residency obligations for a permanent resident, however, I have determined that I have not met these obligations and so I wanted to ask whether it is possible -when my citizenship application is hopefully accepted- for me to return to Canada for the citizenship ceremony with a travel document on the basis that I have an accepted citizenship application and an invitation letter to a citizenship ceremony that I MUST attend. In other words, would I be exempt from having to meet the residency obligations required to obtain a travel document because I have a citizenship ceremony to attend (bearing in mind that in general a minor applicant for citizenship doesn't need to meet the 3 years out of 4 residency requirement)? If yes, how would I apply for a travel document in that case, would I need to apply under compassionate considerations or would merely proving to the embassy in Cairo that I have been invited by CIC to attend a citizenship ceremony suffice (I could show them an invitation letter for example)?

Also, does anyone have any ideas/suggestions as to what else I can do that would help me to return to Canada to attend my future citizenship ceremony?

Thank you everyone for your time and effort

 

[Leon]

You can not get citizenship unless you are a PR. When you apply for a travel document, they will decide if you are still a PR or not based on if you meet your residency requirements or if you had good reasons why you couldn't. You can try to appeal their decision based on H&C reasons but no guarantees.

 

[magedhoh]

Thank you so much Leon for your reply.

My whole story is that I landed in Canada with my parents in 2006 when I was only 12 years old but I returned straight away to Egypt after just a week because my Father had work in Egypt and still didn’t get a job offer in Canada. So basically I left Canada as a child who is innocently and ignorantly accompanying his parents, who didn’t intend to leave Canada in the first place nor could make a conscious decision as to whether or not to stay in Canada. I traveled with my father to 2 other countries during the following 2 years, then, in February 2008, he got a job offer in Canada and so he left for Canada by himself and I stayed with my mother in Egypt and entered school there. I went to Canada for the second time, with my mother to visit my father in the summer of 2008 for 3 months but then left to Egypt also accompanying my mother (I was an ignorant 15 year old being led by my mother out of Canada you can say; I could not take the decision to stay in Canada by myself at the time nor did I know anything about my PR status let alone my residency obligations).

In Egypt, I enrolled in a British high school program which included courses in the summer so in the summer of 2009 I couldn’t go to Canada to visit my father as the year before, my mother left by herself and returned to Egypt after 3 months and I stayed with my grandparents for those 3 months of summer courses.

In June 2010 my mother traveled to Canada without me, I didn’t have summer courses to take so I also traveled to Canada and stayed there for about 3.5 months (from July to October) but I traveled alone that time because I had some exams late in the summer and my father hadn’t wanted my mother to wait till I finish my exams in July. Then while my mother and I were both in Canada, my father decided that my mother stay with him and that I return to Egypt alone to continue my high school diploma. We explored the possibility of me completing the last year of high school in Canada but found out that I couldn’t complete my certificate there and that I would be disadvantaged if I did because the British system of high school study is not available in Canada (After consulting with the high school counselor at a nearby high school, we found out that if I were to complete high school in Canada I would have a mixed high school certificate which is not something universities either in Canada or in Egypt can accept, so it was an option that was not in my best interests as a child). So I stayed in Egypt to complete my last year of high school (2010/2011) and to graduate with a normal (not mixed) high school diploma that is in my best interest.

On the 16th of March 2011, my PR card expired while I was outside Canada, in Egypt completing my last year of high school. Meanwhile, my father had completed his 3 years out of 4 residency obligation for citizenship and applied on the 20th of May 2011 for Canadian citizenship for himself and added me as a minor as I was just under 18 at the time. (Right now I am 18 and 3 months).

However I am concerned about the fact that now I’m outside Canada with an expired PR card and can't return to Canada to attend my future citizenship ceremony without obtaining a travel document under H&C grounds. I wanted to know whether there are enough circumstances in my situation that would strengthen my travel document application under H&C grounds as this is the only available option for me right now. I wanted to know to what extent the following factors would help my application:

1)The fact that I left Canada as a minor accompanying his parents and that the decision on whether to leave Canada or not was out of my control.

2)The fact that the decision to start a high school program outside Canada was due to the circumstance that I was outside Canada accompanying my mother at the time when I was supposed to begin high school; I didn’t take the decision to enroll in a high school in Egypt, it was taken for me by my parents.

3)The fact that as a child (I was under 22 and never had a spouse) I did not stay in Canada to complete the last year of high school only because it was not in my best interest to do so, also the decision not to stay in Canada was taken for me by my father.

4)The fact that what prevented me from returning to Canada after I started the high school program in Egypt was that I was enrolled in full time study and had to attend classes; I wasn’t free to travel whenever I wished.

5)The fact that I returned to Canada during 2 summer vacations at the earliest possible opportunity to do so; I returned to Canada as soon as my end of year exams ended.

6)The fact that I have major linkages and ties with Canada as both my father and mother live there legally and permanently right now and there would be considerable hardship on all of us, especially me as a child (I know they emphasize the best interests of the child involved) if I lose my permanent resident status as I would not be able to go live there with them.

7)And finally the fact that when I have an invitation letter to a citizenship ceremony I must attend it.

I very much appreciate your time reading this long post and answering my question, I know I wrote quite a lot but it was necessary in order to clear everything up. Thank you so much.

Regards,
magedhoh

 

[Leon]

Just go with #1. Returning to Canada at the earliest opportunity is irrelevant because you did not stay so you really did not return to Canada as a PR, you only came to visit. Just say that your evil parents made you do it and now you want to return to Canada so you want a travel document. You have a pretty good chance of getting it I think.

 

[magedhoh]

You're right Leon, I only returned to Canada at the earliest possible opportunity in order to visit my Father; not to stay, thanks for pointing that out. But what do you advise me to do; should I just exclude point number 5 and write about the other 6 points or should I only write about point number 1? In other words are there any other irrelevant points; for example, would talking about points 2, 3, and 4 concerning school be necessary, relevant, helpful and beneficial for the application or would it be better not to mention anything about the fact that I had the mere possibility of staying in Canada to complete high school there; lest that weakens my position? Can you please briefly tell me your opinion about each of points 2, 3, 4, 6 and 7 (whether it is better to mention the point or better not to)? Also, how early do you think I should apply because I would expect that obtaining a travel document under H&C considerations would take more time than obtaining a normal travel document, but by how much more time approximately? I don't want to apply too early that it expires before the date of the citizenship ceremony. I also wanted to know for how many months the travel document that they'll issue be valid so that I can plan accordingly? Thank you very much.

 

[Leon]

I would exclude all other points as being irrelevant except the one that you were a minor and your parents made the decisions for you to take you out of Canada, to complete high school in Egypt etc.

If you start agreeing with your parents and saying it was in your best interest etc., then you are sabotaging your own application by basically stating that you had actually wanted to be outside Canada and didn't care if you lost your PR.

I believe they will take longer to approve a H&C application and I have heard that travel documents are valid for 6 months. I think you should do it now as your earliest opportunity to return and just stay in Canada until you get your citizenship. Even if you have a good case as a minor who was removed from Canada by the parents, it also does not look very good for you if you just want to apply for one in time to go collect your citizenship.

 

[magedhoh]

Thank you so much Leon!! I honestly don't know what many people on this forum would have done without your sincere desire to help. Keep up the great work!

I just wanted your opinion on an issue, my father applied for citizenship on the 20th of May 2011 while I was 17 and 11 months, would I have to take the citizenship test because I turned 18 or do they only consider peoples' ages at the time of application? Also, approximately how many months would the whole application process take? Till now my father only received the "Discover Canada" book and a confirmation that they have received our application, what would be an approximate timeline for the whole process after that (test, interview, oath)? I'm asking this because unfortunately I can't go to Canada right now at the earliest opportunity and just stay there till the oath because I'm starting university here in Egypt. That's why I need to time my application right so that I have a travel document that's still valid once they call us in for the oath. On the website they say that 80% of the applications for citizenship were completed after 19 months. When do you advise me to start my application? Another question please: In case they give me a TD but it turns out that it will expire before the date of the citizenship test, would they be ready to give me another one or would they only give me one chance and that's it?

 

[Leon]

Your age should be locked in as you were under 18 when he applied and you shouldn't have to take the exam. You do have to attend the oath though. It is impossible to say exactly how long it will take to process your fathers citizenship application. I have heard of people getting citizenship in 8 months and in other cases it takes over 2 years. He will not be given much notice to go for the exam. Maybe 2 weeks. If he gets the test and oath on the same day, you will surely miss it. You would not have time to get your TD in time to go back for the oath. If he gets them separately, there is usually 2-4 months between the test and oath so if you apply for your TD when he gets his notice to appear for the exam, you may be able to make it in time although you might have to take time away from your studies. If you miss your oath date, you could ask to re-schedule the oath but you can not schedule it at a time that is convenient for you. They will let you know, probably several months or a year later and probably with short notice and you will likely not have time to get the TD before that and if you get it early, you risk it expiring.

If you get the TD too early and it expires, your chances of getting one again will be lower. They will not believe you are serious about going back to Canada, especially as you have started university in Egypt, they will know you are not planning on staying in Canada.

Worst case scenario, if nothing works out for you and you lose the PR and lose out on citizenship this time, you still have one last chance and that is your dad can sponsor you for PR again as long as you are single and either under 22 or if you are over 22, still a full time student and financially dependent on your parents.

However, if you plan on living in Canada in the future, I would advise you to get the TD now, go to Canada now and go to university in Canada. Canadian employers are kind of particular to Canadian education so you will have a much better chance of a good job if you study in Canada.

 

[magedhoh]

Thank you very much for your advice Leon.

I have an idea but I don't know whether it can work out or not. Since my father is now in Canada he can apply for me for renewal of my PR card under H&C conditions (is that possible in the first place because when I opened the application for PR card (IMM5444E) I didn't find a space specifically for H&C conditions? If it is possible do to that can you kindly explain to me the steps required to renew a PR card under H&C conditions? Do people just send them the PR card application with less than 730 days in Canada on it and then wait for a reply from CIC requesting H&C excuses for retention of PR status, or do they just attach a H&C grounds letter along with the initial application form?). My idea is that I could fill in the application form myself here in Egypt, sign it and then send it to my Father by Express mail along with my expired PR card. My father could then forward my application, expired PR card (and H&C letter?) to the Case Processing Center in Sydney, NS (Coincidentally, my father actually lives in Sydney, NS). Meanwhile, I apply for a travel document at the embassy here in Cairo, Egypt under the same H&C grounds as the PR card renewal application so that I can come to Canada to pick up my new PR card. Then I would be free to leave Canada and come back at any time for the next 5 years or so (this would solve the problem of my travel document expiring before the date of my future citizenship ceremony).

Am I dreaming here or is it possible to do this? Is it possible for me to apply for PR card renewal as if I'm inside Canada (because my father would send it to them from inside Canada) but at the same time apply for a travel document (the application of which would show them that I'm actually NOT in Canada, because I'll apply for it at the embassy in Egypt)? Another problem could be that I'll need to send my expired PR card along with the application for PR card renewal but I don't know whether or not I'll need it for my travel document application as proof of my permanent resident status. Could I just show the embassy here my record of landing or confirmation of permanent residence as proof of permanent residence instead of my expired PR card? What's your opinion about this whole idea? Can it work out somehow or would it be better for me to just try to get a travel document at the right time?

I found out something else that may be useful; after searching the Cape Breton Post's website (The local newspaper of Sydney, NS and surrounding Cape Breton towns) I found out the dates of the previous citizenship ceremonies that were held in Sydney, NS. The dates are: June 10 2011, July 9 2010, May 30 2009, May 15, 2008. As you can see, only one ceremony was held in Sydney for the last 4 years (Because it's a small city I suppose) and they were all in the range of May 15th to July 10th. Do you think I could use this information to predict that 2012's ceremony will be held in that same time range? If that's the case I could adjust the time of my TD application process such that my TD stays valid from May to July (and even if the ceremony turns out to be later than July, I could just come to Canada at the beginning of my summer vacation in July and stay there August, September and October; in case the ceremony is in those months.) What do you think?

Thank you so much.

 

[Leon]

You must be in Canada to apply to renew your PR card. When you write on your application form your residential address in Canada, you would be lying and when you write your last 5 years address history, if you say you are living in Canada, you would also be lying. This is misrepresentation and can cause you to lose your PR. Even if you got away with it, the 2nd problem is getting the TD to pick up your PR card. When you apply for a TD, even if they think you were in Canada at the time you applied, they will see that you left again and therefore question if you are serious about staying in Canada now and if they realize you weren't in Canada when you applied, they will uncover your misrepresentation.

I suppose it is possible that Sydney only has one citizenship ceremony per year but I don't think you can count on it. Some of the people who get citizenship in the winter might be sent to a neighbour town for their ceremony for all we know.

 

[rjessome]

I don't see how this is going to be possible. Yes, as a "child" you did not need to be living in Canada for the 3 years BUT you need to be a PR to be eligible. You are not a PR because you didn't meet the residency obligations which DO apply to minors. You can try to apply under H&C for the TD but I seriously doubt you will get it.

However, all is not lost. If your PR is revoked (which applying for the TD may trigger) then as long as you are under 22 years of age, your parents can apply to sponsor you for PR as a dependent child. Then you must meet the residency obligations for citizenship on your own and NOT lose your PR again.

 

[magedhoh]

Thanks Leon and rjessome for your care and advice. I understand very well that lying in general is seriously wrong and it gets a person nowhere in the end, so I surely don't want to lie on my application in any way. It seems to me now that all I can do is just apply for a TD under H&C grounds (I'll try to write a convincing H&C letter) in February or so such that I hopefully have a valid TD by May the 1st 2012. I'll just try and pray for the best. I just wanted to ask though, why would stating in my H&C letter that I have a citizenship ceremony to attend weaken my position for a TD? I thought it would be the opposite; I thought that if I show the embassy here that I'm going to Canada to become a Canadian citizen, they would be more convinced that I'll stay in Canada and hence issue me the TD more readily. Am I right somehow or wrong?

Thank you very much.

 

[Leon]

You can mention the citizenship application because they will probably see it anyway but I don't think you should try to make it a strong point. I suppose by the time you apply, you will also mention that you have started university in Egypt. Your main point of getting a TD for H&C reasons is that your parents removed you from Canada as a minor and you want to return to Canada to stay at your first possible opportunity as an adult. However, you having started university in Egypt speaks against this. Using a citizenship ceremony as H&C reasons to get a TD, I don't think will work. Frankly, I don't even know if they will give you citizenship even if you make it to the ceremony because even if you get the TD, your PR status is still not in good standing. Still, everything is worth a try.

 

[magedhoh]

You're right, it's worth a try and I have nothing to loose. Thanks Leon.