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?
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. . . how long I can stay in Canada and in what capacity?"
As long as you appeal, and the appeal is pending, you are still a Canadian, still entitled to enter Canada, and still entitled to remain and work and so on in Canada, just like any other Canadian. That is, you continue to be a Canadian Permanent Resident (PRs are "Canadian" in Canadian immigration law.)
Thus, if you are eligible for a special PR TD (based on having been present in Canada within the previous year), you can use such a PR TD to come to Canada and stay pending the appeal. You can stay until there is a final adjudication your PR status is terminated. That means you can stay as long as the appeal is pending and if you win the appeal, you keep PR status. If you lose the appeal you lose PR status.
Otherwise, if you can travel via the U.S., you could come to Canada even if you are not granted a special PR TD. Again, as long as you appeal and the appeal is pending, you are still a Canadian and still entitled to enter Canada.
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. . . if I get this travel document after the non compliency determination, can I use this to stay and complete my residency obligation?"
Again, you can stay pending the appeal. Whether you can stay beyond that depends on winning the appeal.
Even if you lose, IF your spouse is a PR, living in Canada, and otherwise eligible to sponsor a family member, you can then make an INLAND sponsored spouse PR application and continue to stay pending that.
Because of the latter, the fact that you should probably qualify to be sponsored again, and right away, STAYING in Canada pending the appeal could have a big positive impact on whether you win the appeal. The days IN Canada will not count toward calculating RO compliance for purposes of the decision to be made in the appeal (and that is the decision which will determine whether you lose or get to keep PR status). BUT they will be CONSIDERED in the H&C assessment, and for a PR with family settled in Canada, staying in Canada pending the appeal is what can really make a big difference. Indeed, if you were to stay outside Canada, that would tend to show little or no hardship imposed if you lose PR status and thus have to live outside Canada.
So the days in Canada pending the appeal do not "count" in the calculation sense, but they do "count" in an important sense if there are other positive H&C factors . . . family ties in Canada plus actually settling to stay in Canada in the meantime, looming as particularly influential factors. Note, however, the length of time spent abroad compared to time in Canada is still the biggest factor.
ALL THAT SAID . . .
My husband is a PR in Canada and has met his residency obligations.
. . . 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.
If you are NOT prepared to come and stay in Canada relatively soon, that will likely weigh against you in the appeal.
If your PR spouse in Canada is eligible to sponsor a spouse, your other option is to be sponsored again WHEN you are prepared to come to Canada to live.
A big factor to consider in your situation is just how much in breach of the PR you are. And how much time you can spend in Canada pending an appeal. Among others. But the extent of the breach looms as the most influential factor.
One option is to appeal, come to Canada for a visit, consult with a competent lawyer while in Canada, and make an INFORMED decision about how to navigate going forward. Or, appeal, come to Canada to visit, and see how the appeal goes. If it is granted, you get to keep PR status. If it is lost, you then look at your options for a new sponsored spouse application.
Do you know anything about the current medical residency program in Canada? Almost all residency positions are taken after all the Canadian students match. Think there were 50ish spots left with 30ish Canadian medical students not matching. Most specialties have zero residency spots left. If you have to do a residency or redo a residency but there are no spots available you are out of luck. We are only talking about physicians. It is actually doable for other medical professionals even if you have to return to school. Used to be relatively easy to get licensed as a foreign doctor. Things changed 10-15 years ago when salaries went up significantly in Canada.
Since I have multiple acquaintances (some of whom one might say are friends but I tend to not be presumptuous about relationships) with children who recently completed or entered residencies, and since my partner continues to work (going back after retiring) in the regional health center, which is a medical teaching institution, and works with more than a few medical professionals who immigrated to Canada, some many years ago, some more recently, it is fair to say that, at the very least, I know a little, and this is beyond some recent personal experiences with a couple NEW physicians locally (as I have oft said, acknowledged, and emphasized, the anecdotal experience only illuminates what has happened sometimes, suggesting the same might happen again, but NEVER, not alone, illuminates the rule or what will happen in other situations). But that is NOT relevant.
You are still talking about probabilities based on numbers. Whether an individual whose education, training, experience, and other elements of their credentials, particularly with some additional education and training in Canada, will qualify for and obtain a professional position in Canada, again,
DEPENDS ON THAT INDIVIDUAL'S PERSONAL QUALIFICATIONS. It is NOT a lottery. It is not determined by chance. So if you do NOT know what the respective individual's actual qualifications and credentials are, you do NOT know what chances they have of obtaining a position in Canada,
or obtaining a related position that will put them on a path to practice their profession in Canada. And given that lack of knowledge it is utter BS to state a definitive conclusion about whether or not a particular individual can or cannot obtain this or that position in Canada.
Especially when NO ONE was asking.
As for other professions, the only Canadian lawyer I personally know obtained his legal education OUTSIDE Canada. Not all that long ago. And it was NOT in the U.S. (recognizing that American educational and professional credentials tend to facilitate an easier path to comparable status in Canada than, say, education and credentials from certain other countries . . . but of course, in which country the education and credentials were obtained are very much one element in each individual's personal qualifications, which are what matters).
In the meantime, the Canadian government is spending tens of millions of dollars to work with provinces and other stakeholders "
to improve foreign credential recognition." Among current projects, the government has specifically invested in a framework that is "
helping internationally-trained health care practitioners to put their knowledge and skills to work sooner in communities across Canada."
Wanted to add that the son doesn’t sound like he meets RO either.
Why? And based on what? Has the OP deleted posts or parts of posts posing questions about the son's status? Or deleted any other facts about the son other than he is attending medical school abroad?
Really, what is your point? If it is about immediate family living abroad and an observation that might offset some of the positive weight, in an H&C assessment, the OP would likely have otherwise due to having a spouse settled and living in Canada as a PR, the fact the son might need H&C relief to retain PR status is probably a very, very tiny factor in the OP's case and has very, very little relevance to any of the queries posed by the OP.