Need urgent help with coming back to Canada , please !

[ccb66]

Hello,I need urgent help with my situation, please. Very confused! I became a landed Immigrant in 1969 through my father which he became a Canadian citizen. I married and divorced and had 2 daughters, one is 28 yrs old and lives and works in Canada now and is married, the youngest is 15 yrs old and I have custody. Both are born in Canada. In 2004 my 2 daughters and I left for Italy(country of origin) after my divorce and for family reasons.
In 2012 I applied at the Embassy of Rome for a travel document to go back to Canada and they refused for not meeting the residency obligations, and I do not dispute that, I also wrote a H&C letter explaning my situation, but they also refused it.
I applied for an appeal right away and my appeal was accepted, and I'm waiting for my trial date.
My youngest daughter and I are suffering hardship for this decision . My youngest daughter wants to go back to Canada , but because of me she can't . I never had problems in Canada , police , government etc.... I have worked in Canada also .
I did not go back to Canada before because I did not have the money , my eldest daughter now is willing to help me, seeing that she has a good job and is married, I can stay with her until I get on my feet. I also had cancer in year 2000 and I was operated in Canada(Toronto).
Therefore I'm always getting that checked too. But I can work still .
I still have a bank account open in Canada (for my support payments, which I don't receive and should go to court).
I have lots of friends in Canada and they have written letters as testimonies for the appeal on what kind of person I am .
I still have my social insurance number card and health card . I still have contacts with my family doctor too (in Canada).

THIS IS WHERE I GET CONFUSED:
THE VISA OFFICER IN ROME REFUSED MY TD , BUT HE WROTE : TRAVEL DOC. EXPIRY: 2014/01/01
# OF ENTRIES: 1
WHAT DOES THIS MEAN, PLEASE ?

ALSO, IN OCTOBER 2012 I WENT TO CANADA FOR 20 DAYS FOR MY DAUGHTERS WEDDING AND THE IMMIGRATION OFFICER AT
PEARSON AIRPORT STAMPED MY PASSPORT '' PR 29 OCT. 2012'' , BUT I ARRIVED ON THE 23RD OF OCTOBER 2012 ?!?!
WHAT DOES THIS MEAN? I DID NOT NOTICE AT THE TIME, BECAUSE I WAS WORRIED .



My questions are :

1. Can I live in Canada(with my oldest daughter) while waiting for the appeal? And at the same time I can hire a lawyer
and take care of things in person?

2. Can I work while waiting for my appeal?
3. Can I receive health care while waiting my appeal ?

At the same time I can have my youngest child (which is Canadian ) go to school and proceed with a normal life in Canada.
Its' been over a year now that I can't find work here in Italy ( as you all know the situation in Italy),
my daughter and I are risking to be out on the streets, we are struggling for months now and we cannot do it no more.
Even if I cannot work in Canada or have all rights as a resident , can I live there till the appeal and have my eldest daughter be a garantor(stating she will support us) for me in the mean time ?

She does send me money , but with the exchange rate is not worth it , CAD to EURO.

I'm very sorry for writing so much , but I had to explain my situation clearly.
Please I need help , I need to know what I can do legally , I have always done everything legally , therefore I do not want any
trouble in the future .

I do have a case worker , but I cannot get through to him from here seeing I have no money to call long distance, my eldest daughter called him once and has spoken to him but he does not give the info we need , he talks about other things and he avoids my situation.
He is a little weird my daughter told me . My eldest daughter, just like me , we want to do everything legally.

I will appreciate any help .

Please help , I'm afraid for my youngest daughter , I need to know what I can do so if it's ok , we shall leave right away.
We do not have anybody here or any help.
If after the appeal they decide not to accept than at that time I will cross that bridge and see
what arrangements to make for my youngest daughter and me . But we need to be there in Canada , we cannot wait any longer.

I see so many people going in and out of Canada and also people who have commited a crime and they can have it excused, why
then not me ? I have overstayed the 730 days , I know , but can I have a chance? That is the only problem I have and nothing else!

Once again please I need legal help .

Thanking you in advance .

Claudia

 

[zardoz]

I think the answer to all your three itemised questions is probably "yes".

You are still a PR, albeit under appeal. When/if that appeal fails, then you will have to leave Canada until some alternative appears.

Any Travel Document that you receive will be only to allow you to enter Canada for your appeal, which might take some time.
However, you are a visa-exempt national, so I'm not sure that they actually have to hand you a separate TD. Was an entry put in your passport?

 

[ccb66]

Hello , sorry for responding late , but I did not have internet for a few days . Thank you so much for your response!
When I left Canada in 2004, nobody ever told me to get PR card, this law never existed before, and never new the there was a residency obligation. Mind you I never meant to stay here so long, at the same time I knew that I could not just stay here as long as I wanted and go back to Canada whenever . That is why I contacted Rome to see my rights.
In regards to my permanent residency , I have the original document when I arrived in 1969, but every passport has always been
stamped by the airport '' legal permanent resident'' , as I wrote on my first post , on October 2012 I went to Canada for my daughter's wedding , and Immigration at first gave me a hard time , they were confused on what and who I was in Canada , they saw everything on their PC which was sent from Rome , I said the truth anyways. At the end she spoke with her supervisor and they decided that I'm a legal '' PR'' till the courts decide I'm not ! She stamped my passport '' PR October 29 2012 '' but I arrived on the 23rd of October. She did ask to see my return ticket . And I did have one.
Yes I know that I do not need a Visa to enter Canada. Rome told me that if the appeal orders me to be in Canada in person for the trial date , then I must have a TD to enter . So confusing........
I still don't understand why the visa officer in Rome refused me but he wrote : TRAVEL DOC. EXPIRY: 2014/01/01
# OF ENTRIES: 1

They told me that I was refused and that TD was not accepted and therefore they will not issue one . Like I said before , unless Canada orders me to be there in court in person , they told me there was no need to , since I can have my trial by phone .
I do not contact Rome because they do not receive phone calls and their emails are very confusing .
And my visa officer in Canada avoids and tells me to stay put . Never said not to come back because it's against the law.
Anyways , I need the right answers , so I can take the right steps , without harming my residency.

I'm sorry Mr. Zardoz , I don't understand you question : '' Was an entry put in your passport?''

Can you please tell me how I can be sure that I can enter Canada and work etc.... with no problems ?
I wish and hope that you answer '' I think the answer to all your three itemised questions is probably "yes" ''
will be for sure , because if yes , I will leave right away . And like I said if they decide no , I will leave but won't give up !
Please I need to know what to do .

Thank you .
Hoping to hear from you again .

Claudia

 

[zardoz]

I think Leon on here might be able to answer your questions better than I have. Sorry...

 

[ccb66]

That's ok . I understand.
How can I get in touch with Leon ? Can you forward my posts to him ?
Or how can I reach him ?

Thank you .

 

[Msafiri]

ccb66,

It would be helpful to start by understanding the legislation. The current law regulating immigration to Canada is the Immigration and Refugee Protection Act (IRPA). It was enacted on June 28, 2002.

The IRPA introduced a Residence Obligation (RO) requirement on all Permanent Residents effective the enactment date regardless of when they got their PR. The RO is simplest met by having 730 days of physical presence in Canada in each 5 year rolling period counted from your landing date. If on any date you have been a PR for less than 5 years then you have until the 5 year anniversary of your landing to get the 730 days. If on any given day you have been a PR for more than 5 years then in the 5 year period before that given day you need to have 730 days of presence.

The government made some exceptions to the 730 days having to be in Canada for example if you are serving overseas in the armed forces, are an employee of a bona-fide Canadian company that has been assigned overseas or are accompanying a Canadian citizen spouse abroad. In these examples any absence days count as if they are presence in Canada days.

When you applied for your Travel Document (TD) you had failed/breached your RO. In such cases your TD is rejected although the visa officer would consider Humanitarian and Compassionate (H&C) reasons to overcome the breach. Its best for an applicant to raise these H&C reasons and provide evidence e.g. your medical situation. A little known clause in the IRPA that is effectively a loophole means that if a PR who is in breach of the RO returns back to Canada undetected by CIC then if the PR can remain straight in Canada for 730 days they restore their PR to good standing. You unfortunately brought yourself and the RO breach to the attention of CIC when you applied for the TD. As a visitor visa exempt national you should have just got a flight to Canada and sat tight in Canada for 2 years. Sure you may have got some questioning at the border but most people on the forum in your situation just get a warning from CIC to watch their time.

You retain all PR rights until your appeal is decided by the Immigration and Refugee Board (subject to your appeal being on time). Under the IRPA a PR who has been in Canada for at least one day in the 365 days prior to TD refusal is entitled to a TD to attend their appeal hearing. This may explain the remarks on a TD valid to 2014. Is there an actual TD visa counterfoil placed in your Italian passport from the Rome visa post? It will have watermark/hologram security settings and give a valid from and expires on dates.

As you are a PR (albeit under report) until the appeal is decided you can enter and live in Canada, get employment and apply for health care. However some provinces e.g. Ontario have a 3 month waiting period before you can get government health care. Some e.g. Alberta cover you from day 1 so take this into consideration when you return. You may have to get private health cover until then which may be expensive. Your other challenge will be that of not having a valid PR Card. Under the IRPA the PR Card is a status document for travel so you don't need one if you don't travel...however through function creep its slowly becoming the only acceptable proof of PR Status to obtain government services e.g. BC DL. This is a policy rather than a legal position but most people don't have the energy or resources to take the government to court over this. Expect to have some hassle when you present your landing papers as proof of PR e.g. for your health insurance. Ask to speak to a supervisor if need be. Your SIN should be enough to present to employers.

If your current lawyer/representative is not much use then just ditch them. Make sure you attend your appeal hearing in person so you can tell your side of the situation as you have explained in your posts. You must provide a compelling case and make sure you have documentation to prove any claims you make such as medical records, bank statements, pay stubs etc. It will be helpful if your family attend the hearing. I think that being the sole carer for your teenage daughter and your lengthy stay in Canada prior to departure may just carry the day for you. If you stay in Canada from now until the hearing date and are in active employment it will support an argument that you've returned and have made Canada your home. There is no need to communicate with Rome. They made a decision and it stands. Also the visa offices are busy and may not actually understand or care to find out what it is you are actually asking them.

If you win the appeal you retain your PR status. In this case apply for Citizenship (Italy allows dual since 1992) and you won't have these problems again. Your daughters are Canadian so have a right of entry at all times.

If you lose the appeal then you can further appeal within 30 days to the Federal Court (FC) but only on a point of law e.g. the IRB improperly failed to consider evidence you submitted. You need the FC to give you permission for this appeal and you would be best to have a lawyer. If you lose this appeal to the FC or the FC decide not to hear it then you lose PR status and have 30 days to leave Canada under a removal order. If you don't leave Canada your removal order becomes a deportation order.

Good luck

 

[Leon]

Agreed. By applying for a travel document, you brought attention to yourself and that you do not meet the residency requirements. You never needed a TD. You could have just hopped on a plane with your Italian passport and then the situation would have been much different.

However, because they know about you now, you have to face their decision on your PR. You can go to Canada for your appeal but if they revoke your PR, you will have to leave. If you want to get PR back after that, you would have to find another way to apply. Your daughters may be able to sponsor you in the future.

 

[ccb66]

Hello , my thanks to Mr. Zardoz, Mr. Msafiri and Mr. Leon !

To Mr. Msafiri and Mr. Leon , yes I wanted to just take the plane last year and take my chances, I mean after Rome refused. My eldest daughter Jessica (the one in Canada) told me to look at the Immigration site because it said that resident who lives outside of Canada needed to meet residency obligations and that I had to apply to my nearest Canadian Embassy for a TD to re enter Canada, so my daughter and I thought it was the right legal thing to do. We were afraid they would of stopped me upon arriving in Toronto without a PR card ( which I've never had one) or TD. We were very afraid . I did though want to take my chances . I should of contacted your site last year , before I applied to Rome . I even had the money to settle in Canada last year , but living here I had to use to live! But my daughter is willing to take me in and get me a job in the company she works for . We just wanted to do things legally and we panicked. If only .... but now I have to fix the present ! And I'm very scared here in Italy right now , for me because I need a job (and there's none) to raise my youngest child, and also for my youngest daughters future , she will have a better chance for a future in Canada(even though I know the crisis is affecting the whole world). I really appreciate your help ! I just hope they don't give me a hard time again when I arrive in Canada , and hope they don't send me back to Italy the same day ! But like I said in my previous post , in October 2012, the visa officer at the immigration office a Pearson airport stamped my passport with '' PR Oct. 29th 2012'' and I arrived on the 23rd of October 2012 , did she make a mistake putting the date on the stamp? Could this hurt me in any way ?

Anyways I know all the legislation by heart now , I read a 1000 times to try to figure it out. And I read somewhere that I could stay in Canada till my appeal date , but then I read that only inland applications can stay in Canada , but applications from country of origin they cannot enter Canada , so it was confusion for me , that's when I searched the web and found your site . I said to myself , we are talking about Canada , they always have help and lots of info . And they are very helpful and the system works too.

I would like to repeat , I became a PR in 1969 with my parents, my father later became a citizen, my mother no , because she passed away in 1977. I travelled to Italy with parents often but only for 2 or 3 wks maximum a month, for vacations.
But from 2004 till now 2013 I have lived in Italy , but I applied for a TD in 2012 , how does that work ? Does this minus my days ? I know I overstayed my 730 days , but could you calculate this for me ?

I have no too much evidence (documents) for the appeal , only H&C reasons. Which I wrote a 4 page H&C to the visa officer in Rome, he refused it and he was very rude about it too , what he wrote I mean , he said that he did not believe me , and that for the childs best interest it would be better for her to stay in Italy and not go back to Canada , since she was raised here , and she can go back to Canada when she is an adult , well my daughter does not feel this way ! And neither do I ! I respect the law , but they should not assume anything if they don't know the reality of it all !

MR: MSAFIRI , you asked- '' Is there an actual TD visa counterfoil placed in your Italian passport from the Rome visa post? It will have watermark/hologram security settings and give a valid from and expires on dates. ''

No , Rome did not stamp my passport with nothing at all (and they did have it, they sent it back to me empty) !
I read all this on my package(which consists of my application , my H&C letter, Rome's refusal and all the info I needed to do before the appeal, and it said to wait for a date from them) Canada Immigration office sent me to bring to the appeal.

Like I said , only the officer at the Toronto pearson airport stamped my passport with PR in Oct. 2012.
I understood everything you wrote , and I will see to leave ASAP.

You said to bring to the appeal documents of medical records (from Italy or Canada), pay stubs(Italy or Canada) ?

If you could please answer all these last questions for me , thank you .

I will write a post once I arrive in Canada so to let you know how it went and the out come , like this it can help others with the same problem I have !

Once again thank to all ! I appreciated all the help !

God bless you all !

 

[Leon]

If you visited Canada in the past 12 months, you can ask for a TD to attend your appeal and they should give you one.

If your daughter can get you a job, if the employer is willing to apply for a labour market opinion for the job to hire a foreigner, you could apply for a work permit but you would have to wait until they make a decision on your PR. You are still a PR until they revoke it. If you get a TD to go to Canada to await your appeal, you could therefore start working because you are still PR but if they revoke your PR, you'd have to stop working and apply for a work permit. If the employer has applied for the LMO for you in the meantime and already had it, you could apply for a work permit right away.

 

[ccb66]

Hello, I'm trying to get ready to return to Canada , and once again thank you all for your helpful answers. They really helped me alot and finally took away all that confusion. And of course this will help take away present hardship to my daughter and me. Thank you .

I wanted to ask , once I get to the Pearson airport , I know they will stop me again at immigration , because like you said I brought attention to myself and I know for a fact they have my case on their data system , just like in October 2012. They knew about Rome's refusal.
What should I say to them ?
Can I tell them I will live there and wait for my appeal ? What should I say , so I don't have any problems ? It will be devasting to my daughters if they block me and don't allow me entry into Canada . I have read everything you all wrote on my post , and I understood everything , but it's them I'm worried about . Can I tell them that I'm there to live till they refuse my PR ? Can I tell them I will be working in the mean time? I prefer to tell them the truth, but I don't want them to deny entry at the same time .
How should I act and say at the border ?

I would still like to know why did Immigration at pearson airport stamp on my passport '' PR OCT.29 2012'' when I arrived on the 23rd of October 2012 , did they make a mistake ? Will that stamp on my passport help me ?

Please guide me with the right thing to do .

Thank you .

 

[Msafiri]

I think the October 29 may have been an October 23 stamp with the parts of the 3 faded out or the CBSA agent had the wrong date on their stamp which is a competence issue. I often find the agent's number on the stamps faded out.

CBSA agents have to be respectful when dealing with passengers. Don't worry about returning. Until a decision is made on your appeal you remain a PR. You are a PR under report though - downside is that any time you spend in Canada won't count towards meeting the Residence Obligation or Citizenship requirements unless you win the appeal. If the agent asks just tell him/her you are returning to settle in Canada and to attend your appeal. Don't sign anything at the airport that you do not understand. You will most likely be sent to Secondary Inspection where CBSA have more time and resources to look at your situation and check their databases. They may photocopy your travel documents.

CBSA agent is not allowed to deny you entry - this is the law. Subject to you being a PR which you are as I stated above. If you find they are rude or aggressive then politely ask to see their supervisor. They can ask you some tough questions though its their job. I expect it won't be an issue so try relax. Sure you can tell them about the job offer if they ask. Best thing is to answer to what they ask and not necessarily volunteer information.

Ontario has a 3 month waiting period for medical cover so apply as soon as you return to Canada.

Have you actually appealed the refusal? You have 60 days from TD refusal date else you lose your PR. I'm surprised about the TD comments. It seems on file they approved a TD to attend the appeal. Seems they are waiting for an appeal date and they will ask for your passport back to place the TD visa. Its moot anyway as you are visitor visa exempt and can travel to Canada on the strength of your Italian passport.

As per my earlier post I think your long stay in Canada, your sole custody of your teenage Canadian Citizen daughter and that your other daughter is also in Canada will see the courts decide in your favour. Get your medical records for the cancer to submit as part of your hearing.

Safe trip back. Let us know how it goes.

 

[ccb66]

Hello Mr. Msafiri, thank you for your response.
In regards to the PR date stamped from the CBSA agent, it is very clear, it does say 29, it is not faded. I thought of that too at first, but I kept checking and then I had my eldest daughter check and yes it's a 29. The stamp is blue and oval, written in English and French(of course) '' CANADA BORDER SERVICES AGENCY'' with Canadian leaves on the side , and in the middle the date very clear '' 29 OCT. 2012'' ,
and by hand under the stamped date she wrote '' PR'' , on the side she also wrote by hand it looks like and arrow sort of , or maybe her initials ? Who knows . I do see a number at the top '' 41597 LBBIA '', the letters are the only thing that's faded .

Yes, I did apply for the appeal right away and I received from the IAD the confirmation that they received my appeal in July 2012 , it explained everything also , e.g. about if I wish to participate at my hearing by phone I must pay for the phone call (and it's fair), but if I wish to attend I may need a TD , and I can apply for it , it explains about the if I have been in Canada in the last 365 and so on .....
and that i can apply for TD but if refused I can apply instead to the IAD and a member will decide if it is necessary for me to attend. This is why I was all confused , and on their website the way they explain this situation is like I cannot enter until I'm approved .
Like I said before I just did not want to get in trouble and make my situation worse , that is why I contacted your site.

In September 2012 I received from the IRB and the CBSA a package of all the documents which as they wrote '' my record of appeal '' with my case number . And telling me that they will contact me when my hearing date will take place. I have 2 addresses , mine here in Italy and my eldest daughter's in Canada , they have both .

The visa officer in Rome ( the one that refused my TD and said I did not meet PR obligations) wrote a long letter stating his view about my H&C letter I wrote , I found him very mean and he just assumed my situation, that is one of the things I will dispute, he does not know nothing about our lives , he only knows that I did not meet residency obligations , that's it ! So I will appoint that to the judge.

You know Mr. Msafiri, what you wrote it consoles me and reassures me , thank you and I hope it will go well .

Yes , I will apply for health care as soon as I arrive in T.O. , but the first thing is to apply to a school for my youngest.

I will take all your helpful words into consideration once I arrive and yes of course I will write to you to let you know the outcome.

Once I arrive I'm thinking of hiring Mr. Campbell Cohen as my lawyer, or one of his associates .

Eager to hear your response.

Best regards,
Claudia