Long-form writing leading to the long read (or scroll on by):
Hi,
I am living in Canada as a PR but my home country has revoked (canceled/invalidated) my passport in an attempt to secure my presence to investigate a criminal allegation made by my spouse. I do not have any other country's citizenship.
1. Does this revocation invalidate my stay in Canada?
2. I am yet to be charged with regards to the criminal allegations. Will I be able to apply for citizenship after completion of 1095 days? If yes, what would be a good explanation for not holding a valid passport?
3. Can this be a valid ground for requesting a Canadian travel document?
I agree with comments acknowledging that participants in this forum cannot offer detailed comments in regards to how things will go FOR YOU in particular. To my view that remains true even if we get more detailed information about the situation (including those you most recently posted).
If no formal charges are filed, the situation with India probably (most likely by a lot) has no impact on you
IN Canada.
As I will further comment in an outline of general observations (not about your specific situation), a PR does not need a valid passport while IN Canada. The invalidation of your home country passport does NOT affect your status in Canada.
To my understanding Canada only issues international travel documents to refugees (those with protected person status), a Refugee Travel Document. So unless you obtain a home country passport (or other travel document), you are probably stuck in Canada until you qualify for citizenship and are granted citizenship, so you can then travel on a Canadian passport.
A PR Travel Document has very limited use. It authorizes a PR abroad to travel to Canada. That's it. Does not facilitate travel between other countries.
I do not have a clue about the criminal law in India. It is my impression that there is NO crime based on "dowry harassment" in Canadian law. But whether the substantive elements of the charge in India coincide with what is a criminal offence in Canada, something like theft or fraud or another offence in Canadian criminal law, I do NOT know. I doubt it.
Assuming there is no offence in Canadian law coinciding with "dowry harassment" or any Indian offence you might be charged with, for purposes of your status in Canada, including eligibility for citizenship, what happens in India probably has NO impact on you IN Canada.
Thus, overall, this situation appears to have NO impact on your current or future status in Canada. You are a PR. You remain a PR. You can apply for and become a Canadian citizen if and when you are eligible. But unless and until you become a Canadian citizen, your capacity to travel internationally will likely depend on getting a passport or travel document from India.
Further, More General Observations:
Otherwise . . . the situation you describe IN GENERAL is not, I suspect, all that uncommon. When a Canadian PR settled IN Canada faces the prospect of criminal charges in another country there are some very separate, distinct issues potentially at stake. I will make an effort to offer some information and insight about this.
Passport Validity and Status In Canada:
The easy one first. For someone who is already a PR their Canadian PR status is NOT affected by or subject to status in any other country, let alone by whether the PR has a currently valid passport from some other country. The invalidation of your home country passport, for example, does NOT affect your status in Canada. Note, for emphasis, this is about your status
IN Canada.
That is, a Canadian PR does NOT need a valid passport to remain in status and live and work in Canada.
A Canadian PR eligible for citizenship does not need a valid passport to apply but will need to explain the circumstances (this is mostly, but not exclusively, to confirm the applicant does not have some other passport or travel document the applicant is not disclosing).
That is totally distinct and separate from the other aspects of situations like this.
Criminal Charges in Country Other Than Canada; Part I:
I am going to address the criminal charges matter in two parts. The more complicated part further below. The not-so-complicated part is straight-forward.
Best to lawyer-up.
As already noted by others, and apparently understood by you as well, criminal charges almost always mean it is best to obtain the assistance of a qualified professional. Fact that charges are in a country other than Canada complicates this some. While criminal matters ordinarily command obtaining the assistance of a criminal-defense lawyer, a Canadian criminal-defense lawyer may not be the preferred professional when it comes to dealing with pending charges in another country. Best I can suggest is to start with a reputable Canadian immigration lawyer UNLESS you can ALSO obtain the assistance of a lawyer in the home country.
There are some instances in which criminal charges (such as what amount to minor summary offences in Canada, or perhaps no offence in Canada) do not compel a person to lawyer-up The safe approach is to lawyer-up or at least consult with qualified counsel in making the decision about whether to lawyer-up, including in evaluating the situation to assess the nature of the allegations and their potential impact. For example, "dowry harassment" allegations in India probably means there is no need to lawyer-up in Canada, but to be more confident, better to get the advice of a lawyer.
One of the more common examples of potential criminal charges abroad for which there is no comparable Canadian crime happens in countries where the failure to repay a loan can result in fraud or theft charges. Failure to pay a debt is not a crime in Canada (unless there is actual fraud). No need to lawyer-up for purposes of what happens in Canada. But the effect in other countries is not governed by Canadian law or rules.
Travel Document For Purpose of International Travel:
I am only familiar with the Canadian government issuing Travel Documents for purposes of international travel to Refugees (persons with protected person status or who are stateless).
That is not the same as travel documents specifically issued for travel to Canada from abroad, such as a PR Travel Document, which typically require the individual have a valid Travel Document good for traveling internationally, such as a valid passport.
I doubt that Canada issues Travel Documents for international travel to PRs other than the Refugee Travel Document. This is not something I have researched, but I believe I would have seen something about this if it was available.
In contrast, a PR for whom a passport from the home country, or a Travel Document otherwise, is not available, is eligible for urgent processing of a citizenship application if there is a compelling need to travel internationally. Of course the PR must be eligible for citizenship. That is, urgent processing of a citizenship application may be available in this situation ONCE the PR is otherwise eligible for citizenship.
Criminal Charges in Country Other Than Canada; Part II:
As already noted, but as a reminder, these are general observations and not about you in particular.
Criminal charges in a country other than Canada might be a relatively simple matter, but sometimes can be complicated and serious.
Some countries criminalize matters governed by civil law in Canada and NOT the Canadian criminal law. I have already mentioned a common one: failure to repay a loan. My sense is "dowry harassment"
might fall into this category. For purposes of current and future status IN Canada, such offences in another country have NO effect on a Canadian PR's status in Canada and will not prohibit the person from becoming a Canadian citizen (when they are otherwise eligible).
Beyond that, for offences that are similarly an offence in Canada, there can be direct or indirect consequences when a PR is facing criminal charges abroad, which in turn tend to vary significantly, and the severity of the consequences can and will vary depending on the nature and seriousness of the criminal charge.
In general terms, criminal charges outside Canada (depending on what they are, including their severity) can have an impact on a Canadian PR in various ways, but the most significant are:
-- potential extradition (arrest in Canada based on international warrant and transfer to country prosecuting the individual); typically but not exclusively this involves serious crimes or high profile cases, and of course only happens when there is an extradition treaty between Canada and that country
-- inadmissibility under Canadian immigration law which is grounds for termination of PR status; Division 4 in IRPA includes various provisions prescribing when a PR is inadmissible (and thus subject to termination of PR status), including "security grounds" and violations of human rights (either of which can be related to or derive from criminal allegations outside Canada), and for EITHER a conviction for, or "committing an act," constituting "serious criminality" (not likely "dowry harassment" is anywhere near this level)
-- ineligibility for citizenship based on a prohibition if the PR "
is charged with, on trial for, subject to or a party to an appeal relating to an offence committed outside Canada that, if committed in Canada, would constitute an indictable offence" (
subsection 22(1)(b.1) in the Citizenship Act)
