Hungary said:
Hi, look at this, I just got it:
Dear Ms *****:
This refers to your application for a travel document to Canada.
You are requested to attend a personal interview because a determination of your status as a permanent resident of Canada is required before we can process your application.
Therefore we scheduled an interview on Thursday, September 12, 2013 at 11:30 at the Visa Section of the Canadian Embassy in Vienna in Vienna.
Please confirm your attendance and in case you are not able to keep the appointment advise your availability.
Why am I nervous like hell now???
:-X :
???
;D
That's awesome! They didn't just refuse your application straight off.
You have nothing to lose here and everything to gain. And they want to resolve this quickly on your behalf.
Again, I think the most important things for your case are:
- That you were a child when removed from Canada and had no way to refuse to go at the time.
- That you did not even know that you were still a PR of Canada - indeed, the CBSA officer didn't mention it to you when you went to visit in the spring.
- Now that you know you are a PR, you truly wish to return to Canada at this first opportunity.
These are important factors for H&C considerations in cases like yours. In addition, you should also point out that
either way the VO decides, you will end up back in Canada as a PR. By granting you the PRTD on H&C grounds, it permits reuniting with your husband that much sooner. This is in the best interests of all parties involved, especially your young children.
If you have not read OP 10 (http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf) you should do so. Pay particular attention to Section 14 because it directly applies to your case.
Are the circumstances that led to the person's remaining outside of Canada compelling and
beyond their control?
Was the person prevented from returning to Canada? Why? By whom or by what event?
Are they now returning to Canada at the earliest possible opportunity?
Did the person leave Canada as a child accompanying a parent?
In your case, the important point is that you ARE now seeking to return at the earliest possible opportunity
because you did not understand it was an option prior to this point. Anything you can bring up that would support this position will be beneficial.
I'd also tell the VO that if they are not willing to grant the PRTD you would prefer to voluntarily relinquish PR.
Even if a client consents to the decision and waives his or her appeal rights, or submits a relinquishment declaration, a PRTD refusal and appeal rights letter must be issued to inform the client that a residency determination has been made that may affect his or her rights under IRPA. If the client consents to the decision and waives her or his appeal rights, there is no need to wait until the appeal period expires before issuing a TRV. If the client declines to consent to the negative residency decision and refuses to waive the appeal rights, this may be taken into account in
assessing the bona fides of her or his temporary intent. A PRTD refusal and appeal rights letter must still be issued to inform the client of her or his rights under IRPA. A TRV may be issued if the visa officer is satisfied that the applicant meets the R179 requirements for a TRV, including being satisfied that the applicant will leave Canada by the end of the period authorized for her or his stay. If the visa officer is satisfied that the applicant meets the requirements for a TRV notwithstanding the refusal to sign the consent and waiver, there is no need to wait until the appeal period expires before issuing a TRV.
In your case, I would explain that you only found out you are still a PR because you wanted to join your (Canadian) husband in Canada. It wasn't until after you understood what that meant that you learned coming back to Canada was even an
option for you and since your goal is to return to Canada as quickly as possible you are requesting a PRTD on H&C grounds and if the VO does not wish to grant it, you will voluntarily relinquish it (Section 13 of OP 10) and then request that they grant you - and your children - a TRP so that you may join your husband in Canada now while the sponsored PR application is in process (note that you are visa exempt, so you don't need a TRV, but it is likely now that they won't permit you to visit because of the in-process PR application and the recent loss of PR status. But you do qualify for a TRP under "early admission" criteria of OP 20).
To be honest, I think if you speak honestly and openly with the VO and tell her or him what has happened, he or she will likely grant you the PRTD.
With your PRTD in hand, you should still get TRPs for your children (so they can come and stay with you in Canada while you sponsor them) and then everyone should go to Canada. You and your husband should immediately start sponsorship of your children and you should apply for a new PR card.
If the VO refuses your PRTD, you should waive your right to challenge it. Get copies of the refusal AND your waiver and have your sponsor send all of that to CPC-M so your sponsored PR application can move forward.
This is great news - so much with CIC moves slowly, so having this move quickly is a great sign.
