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mtmrbm

Newbie
Mar 23, 2014
4
0
Hi all,

I applied for PR card renewal 8 months ago and it was approved by CIC at Sydney. However, I received a letter from St Clair office that I have to pick it up in person. Right now, I have been abroad since 5 month ago and my current PR card was expired 3 month ago. I am going to apply for Travel document. Does anyone know what I should submit as documents to get the travel document?

If I don't show up by next month my issued PR card will be discarded and have to apply from beginning. Could anyone advise me what I should do since the process for getting travel document takes at least 2 months?

To obtain the travel document I should meet the residency obligations (730 days since today). However, right now I have been in Canada less than 730 days in the past 5 years. What Should I do?

Please help me!
 
You seem to have dug a really big hole for yourself. From here on, I am assuming that you don't have any of the statutory exemptions from physical residency.

If you apply for a PRTD, you will have to prove that you meet the residency obligation requirements. As you don't, assuming that you don't have a good reason, you will probably start the process of losing your PR status.

You can try entering over the USA land border in a private vehicle and take your chance with the CBSA.

If you are visa-exempt, you can travel on the passport without a PRTD but still risk being reported by CBSA.

However, even if you do get into Canada without being reported, you will probably be reported when you go to get the card as they will check that you meet the residency obligation requirements. I don't think that legally they can refuse to give you the card if you meet all the other requirements but being reported will start the process leading to loss of PR status. (based on case law from CANLII)
 
What happens to me if my spouse becomes Canadian Citizen? My spouse is getting the citizenship very soon. Can I get My travel document and approved PR card?
 
mtmrbm said:
What happens to me if my spouse becomes Canadian Citizen? My spouse is getting the citizenship very soon. Can I get My travel document and approved PR card?
No. Your spouse's citizenship will only help you if your spouse leaves Canada and goes to live with you for the required number of days required to put your PR status back into good order. This might be as much as two years (730 days). This is the "accompanying a Canadian citizen spouse" exemption. It certainly will not help you in the near future.

All your spouse can do is to re-sponsor you for PR if/when you lose your own PR status. Again, this could take months, if not years...

You should study the thread at http://www.canadavisa.com/canada-immigration-discussion-board/the-risk-of-leaving-canada-without-your-pr-card-t191802.0.html with specific emphasis on one of the cases that is linked to -> http://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/67340/index.do as this mirrors your situation.
 
Hi


mtmrbm said:
Hi all,

I applied for PR card renewal 8 months ago and it was approved by CIC at Sydney. However, I received a letter from St Clair office that I have to pick it up in person. Right now, I have been abroad since 5 month ago and my current PR card was expired 3 month ago. I am going to apply for Travel document. Does anyone know what I should submit as documents to get the travel document?

If I don't show up by next month my issued PR card will be discarded and have to apply from beginning. Could anyone advise me what I should do since the process for getting travel document takes at least 2 months?

To obtain the travel document I should meet the residency obligations (730 days since today). However, right now I have been in Canada less than 730 days in the past 5 years. What Should I do?

Please help me!

You better read the following Federal Court Ruling: http://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/67340/index.do You may be out of luck.
 
mtmrbm said:
Hi all,

I applied for PR card renewal 8 months ago and it was approved by CIC at Sydney. However, I received a letter from St Clair office that I have to pick it up in person. Right now, I have been abroad since 5 month ago and my current PR card was expired 3 month ago. I am going to apply for Travel document. Does anyone know what I should submit as documents to get the travel document?

To obtain the travel document I should meet the residency obligations (730 days since today). However, right now I have been in Canada less than 730 days in the past 5 years. What Should I do?

Out of curiosity, what did you write on your PR card renewal application to get the initial approval? Were you entirely truthful about your days of residency in Canada?
 
torontosm said:
Out of curiosity, what did you write on your PR card renewal application to get the initial approval? Were you entirely truthful about your days of residency in Canada?

Hi,
Yes, I wrote the truth. When I applied for the PR renewal, I had been in Canada for around 746 days. Since then I have been in Canada for 79 days. However, If we go back to the 5 years ago, I have been in Canada for 711 days.
 
mtmrbm said:
Hi,
Yes, I wrote the truth. When I applied for the PR renewal, I had been in Canada for around 746 days. Since then I have been in Canada for 79 days. However, If we go back to the 5 years ago, I have been in Canada for 711 days.

So if you go back 5 years from today's date you no longer meet your RO. This is going to pose a huge problem for you because you have to meet the RO at any point looking back 5 years after you have completed your first 5 years as a Canadian PR.