Applying for Permanent Residents Travel Document - Complications

[RPJ]

Hello,

I have PR status in Canada (landed on 29th May 2013 - sponsored by my common law partner). Upon being granted PR, and after having spent 2 and a half years in Canada during the inland application, we decided that I would spend a year or so back in the UK so that I could see family and also to strengthen my freelance business with some time in London developing clients that I can now work for remotely when I return to Canada. One complication has been that I never received my PR card in the post. I waited for 2 months (returning to the UK on 27th July 2013) and then travelled with the assumption that when it was finally delivered my common-law partner could bring it to me as we would meet several times for vacations while I was having my year in the UK. But the card never did arrive. I didn't chase this up as I knew that I couldn't reapply for a replacement PR card until I was back on Canadian soil and I was aware that there was a process for obtaining a PR Travel Document when the time came to return. I have my passport obviously and my IMM 5688.

Anyway, fast forward to today when I started to review the form for applying for a PRTD and I didn't quite get a couple of the areas on the form so I phoned an immigration lawyer here in London for some brief clarification and he made the situation (i.e. my chances of getting a PRTD) sound a lot more ominous than I had ever assumed would be the case. Calling it a 'potential minefield' in fact.

I would be really grateful if anybody here could give me an impartial opinion on the matter. In brief then - it's only 14 months since I became PR and I've spent 12 of those in the UK. My PR has obviously not expired and I have plenty of time to meet the 730 days in 5 years residency obligation as my intention is to return to settle and start a family with my common-law partner. I've not committed any serious crimes or anything daft like that. As far as I can tell from the CIC website and other sources I tick all the boxes. (not a potential minefield I wouldn't have thought)

Does this seem like an application with any potential grounds for refusal?
Are there any materials that I should include along with the application to support my intention to spend 670 or so days in Canada over the next 4 years?
(it's a bit tricky with being self-employed as there's no employer in Canada to back me up but I've filed a tax return in Canada for the past 3 years)

I'm quite happy to pay for a representative if one is needed but I'm more after the peace of mind at present that my chances of being granted PRTD are very good if not close to 100%

 

[zardoz]

Hello,

I have PR status in Canada (landed on 29th May 2013 - sponsored by my common law partner). Upon being granted PR, and after having spent 2 and a half years in Canada during the inland application, we decided that I would spend a year or so back in the UK so that I could see family and also to strengthen my freelance business with some time in London developing clients that I can now work for remotely when I return to Canada. One complication has been that I never received my PR card in the post. I waited for 2 months (returning to the UK on 27th July 2013) and then travelled with the assumption that when it was finally delivered my common-law partner could bring it to me as we would meet several times for vacations while I was having my year in the UK. But the card never did arrive. I didn't chase this up as I knew that I couldn't reapply for a replacement PR card until I was back on Canadian soil and I was aware that there was a process for obtaining a PR Travel Document when the time came to return. I have my passport obviously and my IMM 5688.

Anyway, fast forward to today when I started to review the form for applying for a PRTD and I didn't quite get a couple of the areas on the form so I phoned an immigration lawyer here in London for some brief clarification and he made the situation (i.e. my chances of getting a PRTD) sound a lot more ominous than I had ever assumed would be the case. Calling it a 'potential minefield' in fact.

I would be really grateful if anybody here could give me an impartial opinion on the matter. In brief then - it's only 14 months since I became PR and I've spent 12 of those in the UK. My PR has obviously not expired and I have plenty of time to meet the 730 days in 5 years residency obligation as my intention is to return to settle and start a family with my common-law partner. I've not committed any serious crimes or anything daft like that. As far as I can tell from the CIC website and other sources I tick all the boxes. (not a potential minefield I wouldn't have thought)

Does this seem like an application with any potential grounds for refusal?
Are there any materials that I should include along with the application to support my intention to spend 670 or so days in Canada over the next 4 years?
(it's a bit tricky with being self-employed as there's no employer in Canada to back me up but I've filed a tax return in Canada for the past 3 years)

I'm quite happy to pay for a representative if one is needed but I'm more after the peace of mind at present that my chances of being granted PRTD are very good if not close to 100%

If you hold a visa-exempt passport to Canada, you don't need a PRTD. You will be able to board a flight on the basis of your passport alone. Your lawyer is a) incorrect and b) scare-mongering. Possibly he is simply after your money.

 

[RPJ]

Thanks for that advice Zardoz. In fact the officer at my landing interview was similarly relaxed about me waiting for the PR card in order to come and go from Canada as I had a UK passport. I did leave for a week almost immediately following my landing and returned without a PR card and was questioned at the border as to why I didn't have the card yet but was allowed through.
I'm just slightly wary of this approach after being away for a much greater period of time as there's nothing on the official (CIC or Embassy in London) sites that suggests that visa-exempt passports ultimately remove the need for a PRTD to travel in the absence of a PR card.

Often it's the personal experience that's the most valuable though.

 

[scylla]

Drop your lawyer. He has no idea what he's talking about.

Go ahead and get a TD if it makes you feel better. You will have no issues obtaining one given you're nowhere near being in violation of your residency requirement. But as mentioned above, as a visa exempt passport holder, you should have no issues re-entering on your passport alone.

 

[CanV]

Did the lawyer really say that? Wow. Relax and travel with you UK passport, there is absolutely zero risk.

 

[Msafiri]

Hello,
........ Anyway, fast forward to today when I started to review the form for applying for a PRTD and I didn't quite get a couple of the areas on the form so I phoned an immigration lawyer here in London for some brief clarification and he made the situation (i.e. my chances of getting a PRTD) sound a lot more ominous than I had ever assumed would be the case. Calling it a 'potential minefield' in fact.

The lawyer meant to say 'potential gold mine' given the money he was going to stick you for. Fly back with your UK passport as advised and deal with CBSA at the airport...they see PRs in your situation daily. You have a significant cushion of days to meet the RO so even if sent to Secondary will get moved on fast. Any hassle will likely be from the airline if they insist on a round trip ticket in case you intend to use the return leg of a prior round trip ticket or a one way ticket. Airline don't know you are a PR (will assume you are a tourist) and can decide not to take the risk to board you in case you are bounced by CSBA at the airport which you won't but they don't know that - they get fined mega bucks if this happens.

 

[Alurra71]

The only potential issue I can see here is if your copr has condition 51.

That could pose you problems since you and your sponsor are required to cohabit for 2 years. You being in the UK without sponsor might be an issue if they ask.

 

[Leon]

You better not apply for a PR TD if you can avoid it. It is just unnecessary hassle as well as it has sometimes happened that they make a mistake and deny you even if you are eligible.

Better just travel to Canada on the strength of your visa exempt passport and when you arrive at immigration, tell them that you are a PR and show your landing documents. Tell them that your PR card never arrived in the mail and that you have been outside Canada for 1 year. You shouldn't have any problems.

 

[RPJ]

The only potential issue I can see here is if your copr has condition 51.

That could pose you problems since you and your sponsor are required to cohabit for 2 years. You being in the UK without sponsor might be an issue if they ask.

No, there's no condition 51 marked on my COPR. Under conditions it reads 00=NONE. So hopefully no issues there.

Thanks for everyone's responses. Seems pretty clear that I should just forget the PRTD and travel on my passport alone.
I kind of wish it wasn't though - it'd be nice to have that piece of paper to say I'm 100% allowed in at the border. Makes for a slightly stressful flight otherwise (even if I do know my chances are very high)!

 

[zardoz]

No, there's no condition 51 marked on my COPR. Under conditions it reads 00=NONE. So hopefully no issues there.

Thanks for everyone's responses. Seems pretty clear that I should just forget the PRTD and travel on my passport alone.
I kind of wish it wasn't though - it'd be nice to have that piece of paper to say I'm 100% allowed in at the border. Makes for a slightly stressful flight otherwise (even if I do know my chances are very high)!

The PRTD is not to get you through the border. It's only to get you on the aircraft, hence not needed for someone who can do that on the basis of the visa-exempt passport anyway. As a PR, they CAN'T bounce you at the border, regardless of how you manage to get there. That's one of the rights that goes with being a PR.

 

[patgomez]

Hi, I am currently in the Philippines for almost a year now. I am a permanent resident but before leaving Canada my permanent resident card application was still in process. Now, my permanent resident card is with my husbands possession and he don't want to give it to me because we had an argument before leaving Canada last year. I had to take care some family matters here in the Philippines including selling our property, that is why it took me so long before going back. I have to apply for a travel documents to go back to Canada. Do i have to use the address indicated in my confirmation of permanent residence in applying for a travel document even if i would be planning to stay temporary in my friends apartment? and what if my husband still refuses to give me my PR Card? Can i apply for a new one?

Hoping for your immediate and helpful advice. Thank you so much in advance.

pat

 

[Leon]

Hi, I am currently in the Philippines for almost a year now. I am a permanent resident but before leaving Canada my permanent resident card application was still in process. Now, my permanent resident card is with my husbands possession and he don't want to give it to me because we had an argument before leaving Canada last year. I had to take care some family matters here in the Philippines including selling our property, that is why it took me so long before going back. I have to apply for a travel documents to go back to Canada. Do i have to use the address indicated in my confirmation of permanent residence in applying for a travel document even if i would be planning to stay temporary in my friends apartment? and what if my husband still refuses to give me my PR Card? Can i apply for a new one?

Hoping for your immediate and helpful advice. Thank you so much in advance.

pat

Do you have condition 51 on your COPR? If you had applied for PR after October 2012 and you were not already together for 2 years and had no children together, you might have that. If you do, you were supposed to cohabit with your husband for at least 2 years after getting your PR.

Whether you do or not, you can still attempt applying for a travel document. If you do have condition 51 on your COPR, you can prepare for trouble as you have not been living with your husband for the past year. If you don't have condition 51, then you don't have a problem. Just give any address you want.

Once you are in Canada, you can tell your husband that he must surrender your PR card or you will report it stolen. If he doesn't, you should go to the police and report it stolen. They may help you get it back from him. If not or he says to them he doesn't have it, you report to immigration that your PR card was stolen, you have the police report and you can request a new card.

 

[patgomez]

Do you have condition 51 on your COPR? If you had applied for PR after October 2012 and you were not already together for 2 years and had no children together, you might have that. If you do, you were supposed to cohabit with your husband for at least 2 years after getting your PR.

Whether you do or not, you can still attempt applying for a travel document. If you do have condition 51 on your COPR, you can prepare for trouble as you have not been living with your husband for the past year. If you don't have condition 51, then you don't have a problem. Just give any address you want.

Once you are in Canada, you can tell your husband that he must surrender your PR card or you will report it stolen. If he doesn't, you should go to the police and report it stolen. They may help you get it back from him. If not or he says to them he doesn't have it, you report to immigration that your PR card was stolen, you have the police report and you can request a new card.

Thank you so much Leon for your reply. There is no condition 51 on my COPR. What if when i landed in Canada the immigration officer will ask me why my address was different in my COPR? should i attached my certification of employment in my application of PRTD? because i've work in Canada for two months and was able to have a certification before leaving.

 

[CanV]

Thank you so much Leon for your reply. There is no condition 51 on my COPR. What if when i landed in Canada the immigration officer will ask me why my address was different in my COPR? should i attached my certification of employment in my application of PRTD? because i've work in Canada for two months and was able to have a certification before leaving.

They wont ask why your address is different. You are free to move and live anywhere in Canada.

 

[patgomez]

They wont ask why your address is different. You are free to move and live anywhere in Canada.

Thank you so much for the reply. It is such a big help. One more thing i would like to know, where can i find the number of COPR? Is it the one starting with UCI? thanks again.