I applied for PRTD in Embassy of Canada Abu Dhabi .However my PRTD application was rejected as I did not meet RO.
Can I apply again with all the documents
My best shot at a short response:
A denied application for a PR Travel Document is a decision, by the visa office,
TERMINATING your PR status. It will take effect in 60 days UNLESS you file an appeal.
Since it has now been determined you are
INADMISSIBLE, for a failure to comply with the PR Residency Obligation, to save PR status your only option is to appeal.
So, no, you cannot successfully apply again. You can apply but it will be denied because there is already a decision terminating your PR status.
So, again,
your only option to save your PR status now is to appeal the visa office decision denying the PR TD application.
It is correct that you would be able to still enter Canada as a PR if you were able to travel via the U.S. within sixty days of the visa office decision, as noted by
@Ponga. Nonetheless, to try to save your PR status it is important to make the appeal within sixty days. But no, if you are able to come to Canada and go to the local office to try picking up a new PR card that is not going to work; at best, if you file an appeal, you might be issued a one-year PR card pending the appeal.
The Long Read, Longer Explanation:
You might ask: If the decision denying the PR TD application has such conclusive effect, why didn't the decision to approve your application for a PR card have a conclusive effect? And you do sort of ask this:
I do not understand if the officer in Abu Dhabi can cancel the approval given by IRCC Ottawa.
. . . Please advise what I should do.
. . . what is point in applying an application for PR card renewal on H&C basis. I was advised by my attorney that if I get approval for PR Card renewal I will be issued PRTD.
I am NOT qualified to advise what you should do. Ordinarily I would defer to a lawyer for advice. However, not all lawyers are created equal.
Regarding this "
I was advised by my attorney that if I get approval for PR Card renewal I will be issued PRTD." That is NOT how it necessarily works. Might. Sometimes. Might not. A lot of times.
I disagree with
@canuck78 regarding this:
Your PR card renewal based on H&C is not associated with PRTD.
But I agree with the more important part of what
@canuck78 stated:
Being approved for PR card renewal doesn’t guarantee that you will be approved for PRTD.
I rarely disagree with lawyers. But if your lawyer said, in effect, that the decision to approve your PR card application more or less guaranteed a PR TD application would be granted, it is past time to get a different lawyer. At the very least the lawyer should have known and advised you that a PR outside Canada who does not possess a valid PR card is
PRESUMED to
NOT have valid PR status (see Section 31(2)(b) IRPA here:
https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-5.html#h-274660 ), and been aware that a decision to approve and issue a PR card can be tentative subject to actual delivery of the card, and aware in particular that when IRCC approves a PR card application but requires an in-person pick-up, that is often (if not usually) intended to trigger a strict residency determination either in processing an application for a PR TD (which in your case appears to be what happened) or attendant screening at a Port-of-Entry (if the PR is able to travel to Canada without obtaining a PR TD, such as through the U.S.), more or less anticipating in some (or even many) cases the application for a PR TD will be denied or a 44(1) Report and Removal Order issued by border officials when the PR arrives at the PoE.
Moreover, not all pick-up card in-person notices are the same. At the least, the in-person pick-up will require a counter-interview; while this is largely perfunctory, it does involve verification of certain information about the PR, not the least of course is that the PR is physically present in Canada, but it can also include questioning to verify the PR is admissible before delivering the new PR card. Other in-person pick-up notices can involve a more extensive interview and specifically include a Residency Determination examination. The latter often indicate that either a five year or one year PR card might be delivered.
This is basic stuff. This is stuff any experienced immigration lawyer should be fairly well familiar with, and understand that when an in-person pick-up is required, many times there is NOT yet a final decision to actually deliver a new PR card.
So, you asked: "
I do not understand if the officer in Abu Dhabi can cancel the approval given by IRCC Ottawa." The visa office decision denying a PR TD does not necessarily "
cancel" the Ottawa decision, as it is more likely that the Ottawa office decision was tentative, contingent on your personal presence and further verification of your PR status.
But, Maybe, Ottawa Office Did Make A Definitive H&C Decision:
It is possible that the Ottawa office did in fact make an affirmative decision in regards to allowing you to retain PR status. Your account suggests the possibility it did. You say you "
got an email from IRCC that my H&C application has been approved."
I suspect your notice said that your application for a PR card has been approved and did not specifically state it was approved for H&C reasons. That is (and yeah I am speculating a bit here), my guess is that you inferred the application was approved for H&C reasons because otherwise you did not meet the RO and you applied relying on H&C relief.
Which one it is makes a difference. An important difference. This is part of why I disagree with
@canuck78's comment that the "
PR card renewal based on H&C is not associated with PRTD" (apart from the fact that processing the PR TD application would obviously and necessarily include review and consideration of the PR's GCMS records including processing of the PR card application). If in fact the Ottawa office made a formal Residency Determination that specifically granted H&C relief, the visa office would be required to give that decision a lot of weight in deciding whether to grant the application for a PR TD.
Note: the credit due a Residency Determination allowing H&C relief is itself a complex subject. This is a tangent that would be too much a distraction here, for now. Short version: such a decision cannot be "cancelled" and carries a lot of weight, but it is not absolutely binding in a subsequent Residency Determination.
My wording can be clumsy, so I will try to make this clear. There are two distinct possibilities in regards to the decision made in processing your PR card application:
(1) The IRCC office in Ottawa made a Residency Determination concluding that you would be allowed to retain PR status, despite the RO breach, based on H&C reasons, or
(2) The IRCC office in Ottawa made a tentative decision to issue a PR card contingent on your presence in Canada and appearance in-person to pick up a new PR card
The latter, number (2), is by far the more likely case. That is, indeed, a very common scenario.
But the first is a possibility.
Caution: this is not at all a likely possibility, especially if part of the notice to you instructed you to obtain a PR TD.
If the Ottawa decision did affirmatively make a Residency Determination allowing H&C relief, the good news is this indicates the odds of successfully appealing the decision to deny the PR TD are probably good, perhaps very good.
Side note: It appears you made the PR card application while abroad. This raises other issues. And if so, that makes it all the more likely the Ottawa office did NOT make an affirmative Residency Determination allowing H&C relief.
applied for renewal of my PR card on H&C ground in August 21.I had not met my Residency obligation in last 5 years preceding that due to manyreason. I gave a detailed explanation and proof for the reason I could not meet the RO.On March 23 i got an email from IRCC that my H&C application has been approved and that I should come to Ottawa office in six months to collect my card .I was asked to apply for PRTD as I was out of Canada.
I applied for PRTD in Embassy of Canada Abu Dhabi .However my PRTD application was rejected as I did not meet RO.I had submitted the letter I received from IRCC Ottawa.
The officer advised to apply for an appeal as my PRTD is rejected.
I do not understand if the officer in Abu Dhabi can cancel the approval given by IRCC Ottawa.
I cannot call the embassy or seek an appointment to discuss this issue.
Please advise what I should do.
