Travel Document rejected for PR renewal

[Melsank]

Hi,

Me , my wife and my two children landed in Canada in 2005. We were financially unstable for a while and with the responsibility of putting my children through university, supporting my family and my ailing father in India , I went back to work in the middle east with plans of joining my family once we were more stable financially and my father had recovered. I visited my family every 2-3 months for a 3 weeks because of which I have spent only around 300 days in the last 5 years in Canada. Meanwhile my father after years of illness passed away in 2010 and my wife and children got their Canadian citizenship. I felt it was time to go and rejoin my family and finally settle down with them but my PR expired. I reapplied for my PR when I visited Canada in 2010 and went back to the Middle East. I have been unable to fulfill the requirements for PR renewal since I hadn't spent enough number of days in Canada so it has taken a while for my file to be processed. I was told that my file is being viewed under H&C grounds and I received a call for an interview this month. I applied for a travel document and sent the required documents to Abu Dhabi and it got rejected. I'm not sure why this happened since I got the interview ,I was under the impression I had been given an opportunity to go to Canada and appeal my case. Since this has happened I am not sure what the next steps are. Is there any way I can get another date for the interview and find a another way to get to Canada so that my case can be looked at? What can be done next?

Thank You.
Regards

 

[Leon]

If you had stayed in 2010, you would have had a better chance of keeping your PR but since you left again, what immigration sees in your case is a guy who never settled in Canada and continues to live outside Canada but still wants to renew his PR card.

If you can get a visa to visit the US, you can try your luck at the land border. You do not need a PR card to drive across the border. Bring your paperwork with you and tell them you want to attend your interview. If you have already missed your interview, you should wait and see if they revoke your PR. If they do, your wife can sponsor you for PR again.

 

[Melsank]

My interview is in a few days , so I will not have time to get the US visa and I will be missing it for sure. Can I get my wife to represent me and go to the interview ? Would there still be a chance I could get the interview rescheduled? Would it be better if I cancel my PR and reapply for it or should I wait and see if it gets revoked. Would it be a permanent negative on my file if it shows that my PR was revoked.
Thanks.

 

[Melsank]

I am also confused as to why I am being rejected in Abu Dhabi when I got the letter from Canada saying I have an interview. Wouldn't the letter from Canada have higher priority than the embassy in Abu Dhabi? Thank you.

 

[scylla]

I am also confused as to why I am being rejected in Abu Dhabi when I got the letter from Canada saying I have an interview. Wouldn't the letter from Canada have higher priority than the embassy in Abu Dhabi? Thank you.

An interview does not automatically qualify you for a travel document. Qualifying for the interview and qualifying for the travel document are two separate and unrelated processes in the eyes of CIC. It makes sense that the travel document has been refused since you haven't met residency requirements.

 

[Melsank]

An interview does not automatically qualify you for a travel document. Qualifying for the interview and qualifying for the travel document are two separate and unrelated processes in the eyes of CIC. It makes sense that the travel document has been refused since you haven't met residency requirements.

Ok I see. I was just a bit puzzled since its the same/similar documents that are submitted for both processes and one was accepted and one was rejected. Thanks.

 

[Leon]

My interview is in a few days , so I will not have time to get the US visa and I will be missing it for sure. Can I get my wife to represent me and go to the interview ? Would there still be a chance I could get the interview rescheduled? Would it be better if I cancel my PR and reapply for it or should I wait and see if it gets revoked. Would it be a permanent negative on my file if it shows that my PR was revoked.
Thanks.

You can try writing a statement saying that your want your wife to represent you and sending that to her and have her show up and see if they will talk to her. In any case, she can tell them that you tried to come to the interview yourself but were denied a travel document and she can ask what will happen with your case. Personally, I don't think you have much chance of keeping your PR in the current situation so you might as well ask them to cancel it and have your wife sponsor you. It is not a negative on your file that your PR was revoked. You will get a new one and have a clean slate.

 

[Melsank]

Thank you for all the advice Leon. I will try and see if the suggestions you gave me works. Thanks again

 

[Melsank]

I had another question ..
CIC Abudhabi has refused travel document and have also denied PR card renewal on H & C grounds. They sent forms for appeal. It mentions since I have stayed out of Canada for over 365 days, application to IAD to be done for Canada entry to be present in appeal. Can you explain the procedure to follow. It also mentions sec 175 (2) and Sec 63 (4) that submissions from minister is necessary for travel doc. Do you advise to appoint a counsel to represent in appeal on H & C grounds. How much time will appeal take to give a date?

 

[thecoolguysam]

where is the interview scheduled in abu dhabi or in canada and when?

 

[Melsank]

The interview was scheduled for today in Canada. My wife and family went to the office and found that it was closed. They met other people who came for the interview as well. I think there might have been error on CIC's part while sending out the interview letter since the date was for the weekend. I'm not sure what is to be done now.

 

[thecoolguysam]

when u were not in canada then how can the interview would be scheduled in canada?

 

[scylla]

when u were not in canada then how can the interview would be scheduled in canada?

The interviews are always held in Canada regardless of where the person being interviewed is located and regardless of whether they can make it back to Canada to attend.

 

[Leon]

Right, that is because a PR card renewal must be applied from within Canada. Although they state it is not a reason to refuse the application that is mailed from within Canada just because the applicant is outside Canada, he will still need to be able to come to Canada to pick up his PR card in person. If you are outside Canada, don't meet the residency requirements and can't get a travel document, they do not consider it to be their problem.

 

[thecoolguysam]

ok gotcha!