PR travel document rejected after PR renewal was accepted

[nomowu]

Hi,

My dad's PR renewal was accepted, but his PR card expired before he could return to Canada to pick up the new card (He left Canada after applying for renewal to witness the birth of his first grandson). However, for some reason, CIC rejected his application to get the travel document to return to Canada due to a violation of residency obligation. He has spent more than 730 days to full fill the residency obligation for the past 5 years. We are not sure what went wrong in the travel document application because the PR card renewal went though fine with the same document provided. Is there any way to appeal to CIC's decision? Or is there a way to find out why the decision was made differently?

Thanks!
Jimmy

 

[Msafiri]

CIC at Sidney and the visa officer both review the RO when deciding on the merits of the PR Card renewal and the PRTD as the case may be. The PR must meet the RO at both 'examinations'. Typically we see on this forum the PR who is either in breach of the RO or just makes it to 730 days apply for a PR Card and instead of waiting for their PR Card they leave Canada in the hope the PR Card will be mailed to their home where a friend/relative will forward it or they believe they will be issued a PRTD since their PR Card was approved.

If you leave say on day 731 and you apply for PRTD 10 days later then you now have 721 days and are in breach of the RO. This assumes you front loaded all your absences in the initial 3 year of the applicable 5 year window which has now moved out by the same 10 days you lost by leaving Canada.

How many physical days did he have at:

1. PR Card renewal date
2. Date he left Canada
3. PRTD application date

You need to appeal within 60 days of receiving PRTD refusal. If you don't then on day 61 you lose your PR status.

 

[nomowu]

How many physical days did he have at:

1. PR Card renewal date
2. Date he left Canada
3. PRTD application date

You need to appeal within 60 days of receiving PRTD refusal. If you don't then on day 61 you lose your PR status.

He was physically in Canada for 382 days, but when he was not, he was accompanying my mom/his spouse who is a Canadian Citizen. (comes to a total of ~1300 days in Canada + days accompanying my mom). He left around last Oct, and applied for travel doc in May. I don't think that would violate the obligation given that he is 500 days above the requirement.

My dad just told me that after examining the document returned to him, the wrong passport was sent in the travel document application (he sent his old passport that expired in 2009...). Is there is no way to make up for this mistake other than to appeal?

 

[Msafiri]

He was physically in Canada for 382 days, but when he was not, he was accompanying my mom/his spouse who is a Canadian Citizen. (comes to a total of ~1300 days in Canada + days accompanying my mom). He left around last Oct, and applied for travel doc in May. I don't think that would violate the obligation given that he is 500 days above the requirement.

My dad just told me that after examining the document returned to him, the wrong passport was sent in the travel document application (he sent his old passport that expired in 2009...). Is there is no way to make up for this mistake other than to appeal?

1. CIC worked on the info that was provided though it would have been obvious the math was wrong if he listed accompanying time with his citizen spouse.

2. You can re-submit new PRTD with new fee and the correct paperwork plus proof but the 60 day window will continue to tick so you may want to have an appeal lined up for submission so say on day 40 if the visa post has not issued PRTD and official letter stating the previous refusal was incorrect and has been superseded with new PRTD and your dad retaining PR rights you can fax/ courier appeal right away.

3. Appeal is based on the documents before the visa officer so if you provide the new evidence it will also help the appeal.

4. Expect the visa officer to closely scrutinize the second application so it better be watertight!

 

[nomowu]

1. CIC worked on the info that was provided though it would have been obvious the math was wrong if he listed accompanying time with his citizen spouse.

2. You can re-submit new PRTD with new fee and the correct paperwork plus proof but the 60 day window will continue to tick so you may want to have an appeal lined up for submission so say on day 40 if the visa post has not issued PRTD and official letter stating the previous refusal was incorrect and has been superseded with new PRTD and your dad retaining PR rights you can fax/ courier appeal right away.

3. Appeal is based on the documents before the visa officer so if you provide the new evidence it will also help the appeal.

4. Expect the visa officer to closely scrutinize the second application so it better be watertight!

My dad went ahead and faxed in the noticed of appeal documents already. Nevertheless, I will tell my dad to submit to PRTD again with the right documents, and see what happens. Does my dad have to state that this is a resubmission in the new PRTD application?