My Permanent card expired 8 years ago and in living in India for past 8 years, 3 years back I turned 18 and now want to move back to Canada, so can I Apply For Travel document or Do i have to Apply for permanent Residency Card Again. WHAT SHOULD I DO??
Not meeting residency obligation Requirements to apply for travel documnets from india
- Thread starter Mannu_Sharma
- Start date
If you are now 21, it may be too late to revive your PR status. Was there any specific reason you didn't apply for a PRTD earlier to return to Canada?
You only have 2 options.
1. Apply for PR TD under H&C reason you were removed as a minor. Since it's been 3 years since you turned 18, IRCC may reject the claim which will result in PRTD denied and process started to revoke your PR status. However if its accepted, you will get PR TD and can then move to Canada and immediately apply for new PR card.
2. Don't apply for PR TD, and instead get US visa to travel to Canada via USA land border. You will need to then present your H&C case directly to CBSA at the border. Again they may reject your H&C claim and start process to revoke your PR status, but you would still be allowed into Canada in case you wanted to appeal the decision.
There is no easy way, and both could result in your PR status being revoked. You really should have attempted to return a few years ago. The only way to know if you would be successful to keep PR status, is to try and see what happens.
I Stayed in India Because Me and my Mom Came back to Take Care of My Grandparents And I completed My Education Here. My Father is Canadian Citizen and My elder Brother Is there Too.
If my PR is revoked Can I apply For Pr Again AND Do i Have To Give IELTS if I Apply Again??
Yes - you can apply again.
Yes - you'll have to take IELTS again if your results are older than 2 years.
Appeal decisions are a complete lottery.
Take these two (links below), in one an 18 year old who was removed as a minor had his appeal denied while in the other a 37 year old who left Canada in his early twenties won - probably the two extremes of harshness and leniency but it shows than when it comes to appeals anything can happen on the day!
https://www.canlii.org/en/ca/irb/doc/2017/2017canlii23068/2017canlii23068.html?searchUrlHash=AAAAAQAnUkVTSURFTkNZIE9CTElHQVRJT04gUkVNT1ZFRCBBUyBBIE1JTk9SAAAAAAE&resultIndex=4
https://www.canlii.org/en/ca/irb/doc/2017/2017canlii56629/2017canlii56629.html?searchUrlHash=AAAAAQAnUkVTSURFTkNZIE9CTElHQVRJT04gUkVNT1ZFRCBBUyBBIE1JTk9SAAAAAAE&resultIndex=18
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rish888
Guest
As @Beltex has said, appeal decisions are a complete lottery. While I concur with his own observation that these are 2 extremes, there are a couple of things to note here.
There seems to be significant trends in the way the IAD rules. In cases of departed minors, I find the Western division to be the least forgiving. The Central Division is a flip of a coin, while the Eastern division has very good odds.
I think the good odds with the Eastern division largely has to do with their more "European" approach towards blame and their less cynical attitude. Member Neron, who decided the Obando case, was from the Eastern division. His comments in his judgement have been citied in various appeals over the years, but the Eastern division seems to hold it in especially high regard.
I think another very important thing to note is the lost appeal was a PRTD appeal, while the successful one was a Departure Order appeal.
Should a PRTD appeal be lost, the PR is not in any worse of situation than he/she was before. In comparison, in departure order appeals, there is a very significant element of hardship as a loss equates to the person needing to depart the country and leave behind his/her life. It also adds points to the establishment part of the H&C analysis. Assuming the person comes back to Canada, re-establishes him/herself, and keeps foreign travel to a minimum, and in general demonstrates that they have a life in Canada and are unlikely to leave, that in and of itself is a relatively good reason to look the other way. This element is simply not present in a PRTD appeal.
Another key thing to note is that even in the case of being removed as a minor, while common sense dictates that a PRTD application should be successful, the OP should be careful about his approach depending on place of residence.
What I have seen on this forum is the European offices, especially London for some reason, seem to be more liberal in issuing PRTD's than Asian/African offices.
However, IMO the best odds rest at the U.S. Canada land border.
There seems to be significant trends in the way the IAD rules. In cases of departed minors, I find the Western division to be the least forgiving. The Central Division is a flip of a coin, while the Eastern division has very good odds.
I think the good odds with the Eastern division largely has to do with their more "European" approach towards blame and their less cynical attitude. Member Neron, who decided the Obando case, was from the Eastern division. His comments in his judgement have been citied in various appeals over the years, but the Eastern division seems to hold it in especially high regard.
I think another very important thing to note is the lost appeal was a PRTD appeal, while the successful one was a Departure Order appeal.
Should a PRTD appeal be lost, the PR is not in any worse of situation than he/she was before. In comparison, in departure order appeals, there is a very significant element of hardship as a loss equates to the person needing to depart the country and leave behind his/her life. It also adds points to the establishment part of the H&C analysis. Assuming the person comes back to Canada, re-establishes him/herself, and keeps foreign travel to a minimum, and in general demonstrates that they have a life in Canada and are unlikely to leave, that in and of itself is a relatively good reason to look the other way. This element is simply not present in a PRTD appeal.
Another key thing to note is that even in the case of being removed as a minor, while common sense dictates that a PRTD application should be successful, the OP should be careful about his approach depending on place of residence.
What I have seen on this forum is the European offices, especially London for some reason, seem to be more liberal in issuing PRTD's than Asian/African offices.
However, IMO the best odds rest at the U.S. Canada land border.
I would agree that being present in Canada seems to improve the odds of a successful outcome. A PR who has been refused a PRTD and could enter overland because they can get into the US should consider doing so in advance of the appeal hearing (the sooner the better). Doing so, getting a job / going to college etc demonstrates definite commitment to Canada and is seen as a positive factor.
The minor’s appeal rejection example is a bit surprising, considering what we normally think. That is, the minor making attempt to return at first instance getting disapproved.
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rish888
Guest
@mats It is surprising, but unfortunately it is very common. The issue is that the IAD has been structured in a way that previous decisions are not binding precedent. (Unlike the general common law system that Canada follows) This pretty much gives free reign to IAD members.
Add to this the Lai decision (Federal Court) Where Justice Barnes said that the fact that a minor was removed from Canada does not entitle him/her to special relief (a phrase quite open to interpretation if you ask me) essentially allows IAD members to deny appeals without worrying about judicial review.
My own opinion is that personal views influence a lot of the decisions. Depending on the member those views can either make or break an appeal. it is all very random, but statistically speaking Quebec has the best odds on appeal. I think this may have to do with the lower immigrant population in Quebec compared to other parts of Canada, however no one can say for certain.
Add to this the Lai decision (Federal Court) Where Justice Barnes said that the fact that a minor was removed from Canada does not entitle him/her to special relief (a phrase quite open to interpretation if you ask me) essentially allows IAD members to deny appeals without worrying about judicial review.
My own opinion is that personal views influence a lot of the decisions. Depending on the member those views can either make or break an appeal. it is all very random, but statistically speaking Quebec has the best odds on appeal. I think this may have to do with the lower immigrant population in Quebec compared to other parts of Canada, however no one can say for certain.
