permanent residency obligation (refusal of Travel document)

[Pharmspring]

My husband is a PR in Canada and has met his residency obligations. I have also a PR status. I have not accompanied my husband due to the need of one of our son who is studying at Med school abroad and therefore I have not been present in Canada for 2 out of the last 5 years.

Last year my PR card expired and last month I applied for a travel document to visit my husband. My request for the PR was refused. The visa office is telling me in their letter that I can appeal the decision.

Since my son graduates next year, even if my appeal is successful, I can not stay enough in Canada to meet my residency obligations. Provided I get a travel document to visit my husband in Canad, I have to go back and stay for another one year with my son to support him and then I am planning to go back to Canada with my son next year permanently.

There is a high possibility that I may have to apply again for a travel document next year (even if my appeal is successful now and I receive a travel document). I am wondering whether to appeal or leave the decision unanswered.

 

[k.h.p.]

What were the reasons for refusal for the PRTD?

 

[Pharmspring]

Residence obligations (residence in Canada less than 2 years in the last 5 years)

 

[k.h.p.]

Above you said:

therefore I have not been present in Canada for 2 out of the last 5 years

Based on that refusal reason, you've actually not been present in Canada for 3 or more years out of the last 5. Not being in Canada for 2 of 5 doesn't mean you're in breach, which is how I read your initial comment.

I imagine you're suggesting appealing under H&C. Each H&C case is different and there are no rules as to what is "acceptable" H&C grounds. You will want to have clear and compelling evidence that your son's medical studies needed you there to support him if you want that to be a reason that you have not met your RO.

Did your refusal letter indicate that the process to rescind your PR status had begun due to not meeting the RO? That can happen if you are denied a PRTD for RO breach. If that happens, you will not be able to apply for a PRTD next year if your PR status is rescinded.

 

[canuck78]

Is your son aware that the chances of him securing a residency spot in Canada is very small. Is your son a PR as well? What about his RO?

 

[Pharmspring]

The refusal is just due to not meeting the RO (730 days). What is the best option? Appeal to reverse the decision based on H& C or alternatively apply for a visitor visa and concurrently filing a sponsorship application?

 

[k.h.p.]

You can't apply for a visitor's visa if you have PR status, even if you've been denied PRTD. You either need to be reported and lose your PR (which may be happening right now, which is where you would appeal) or you need to renounce PR and start over.

 

[canuck78]

You don’t actually have H&C reasons if you have moved to be with your adult child.

 

[Pharmspring]

Thank you so much for your helpful comments. So the PRTD refusal letter mentions that I can appeal within 60 days, otherwise I will lose my PR status based on the their determined RO (<730 days residency). My husband has his PR status and is in Canada, I am thinking not appeal and let it go but after the 60 days passed apply for a visitor visa and then for sponsorship.

 

[canuck78]

Thank you so much for your helpful comments. So the PRTD refusal letter mentions that I can appeal within 60 days, otherwise I will lose my PR status based on the their determined RO (<730 days residency). My husband has his PR status and is in Canada, I am thinking not appeal and let it go but after the 60 days passed apply for a visitor visa and then for sponsorship.

TRV is not guaranteed so as long as you can risk that it sounds like a decent plan.

 

[Pharmspring]

So very grateful for your kind and useful feedback, in the PR determination letter it is mentioned that:

If you have been in Canada at least once during the past 365 days, you are entitled to a travel document
to enable your return to Canada which can be obtained from the visa section of the Canadian Embassy

In fact I have been in Canada in less than a year, now I wonder, if I get this travel document after the non compliency determination, can I use this to stay and complete my residency obligation or is it just to appeal within Canada?
If so how long I can stay in Canada and in what capacity? would the condition be similar to a visitor visa with a six month stay permit or can I stay longer as PR?

 

[k.h.p.]

So very grateful for your kind and useful feedback, in the PR determination letter it is mentioned that:

If you have been in Canada at least once during the past 365 days, you are entitled to a travel document
to enable your return to Canada which can be obtained from the visa section of the Canadian Embassy

In fact I have been in Canada in less than a year, now I wonder, if I get this travel document after the non compliency determination, can I use this to stay and complete my residency obligation or is it just to appeal within Canada?
If so how long I can stay in Canada and in what capacity? would the condition be similar to a visitor visa with a six month stay permit or can I stay longer as PR?

If you've been determined to be in breach of your residency obligation, you will not get a PR Travel Document.

 

[canuck78]

So very grateful for your kind and useful feedback, in the PR determination letter it is mentioned that:

If you have been in Canada at least once during the past 365 days, you are entitled to a travel document
to enable your return to Canada which can be obtained from the visa section of the Canadian Embassy

In fact I have been in Canada in less than a year, now I wonder, if I get this travel document after the non compliency determination, can I use this to stay and complete my residency obligation or is it just to appeal within Canada?
If so how long I can stay in Canada and in what capacity? would the condition be similar to a visitor visa with a six month stay permit or can I stay longer as PR?

Only to appeal within Canada. Days do not count if you appeal is denied.

 

[canuck78]

I still don’t understand how your son is going to return to Canada. Also don’t understand the point in attending medical school abroad if you want to live in Canada. His chances of getting a residency spot in Canada are extremely low.

 

[keesio]

I still don’t understand how your son is going to return to Canada. Also don’t understand the point in attending medical school abroad if you want to live in Canada. His chances of getting a residency spot in Canada are extremely low.

It's true. Canada makes it difficult on foreign educated and trained health professionals - especially doctors.