Confused PR card received after travel document refused

[JG]

Hello,

I find myself in an unusual situation:
I immigrated to Canada from Belgium when I was 5 with my family and grew up in Canada until I was 23 yrs. I was then offered a work opportunity abroad which I took, and left the country in mid-2006, thus not complying anymore with the residency obligation. I wanted to return permanently to Canada and was given a travel document based on Humanitarian and compassionate reasons due to my high links to Canada. My parents and brother are now Canadians and all established in BC. I applied for a new PR card, but then had to return abroad in order to finalize the move before the PR card was fully processed. I was suggested to do so, and re-apply for another travel document in order to return to the Canada in march2012, which I did. However this time, the officer treating my case at the embassy decided that my H&C reasons were not sufficient enough and denied my travel document, thus cancelling my PR status in Canada. I have since made an appeal against this decision. However, last week my VALID PR card arrived from Novia Scotia (As the application was received, and in process months BEFORE the travel document was request) as they accept it based on H&C reasons. I am now confused on my status in Canada...I assume that it is still revoked…even though I do have now a valid PR card?? Thank you for your help, and I am looking forward to your reply.

 

[Leon]

You never needed a travel document if you have a Belgian passport because you are visa exempt but anyway, if you are in Canada now and they actually gave you a PR card, I would assume that you are still a PR. Did you get a notice of your PR status being revoked?

 

[JG]

Thanks for the reply. I was told that i needed a return travel document in order to reenter Canada as a resident.
I did get a revoked letter from the Canadian Embassy when I went to apply for the return travel document. That letter came after I applied for the PR card, but before my PR card was approved and renewed.....

 

[ilovecanada11]

My understanding is that if you appealed the status revoking decision, then you still have a valid status until a decision has been made on your appeal. I may be incorrect though. Was the time difference between the letter and the card a long time?

 

[JG]

It received the revoke letter end of March, 5 days before returning to Canada. Therefore I had to come in as a visitor. I made the appeal almost immediately upon arrival.
I received the PR card last week, so there is is a 2 1/2 month gap between the two...

 

[Jgirl]

Hello JG..please am in the same situation as you..were you able to pick up your renewed pr card and still filed an appeal?

Thank you.

 

[SFD]

Hello,

I find myself in an unusual situation:
I immigrated to Canada from Belgium when I was 5 with my family and grew up in Canada until I was 23 yrs. I was then offered a work opportunity abroad which I took, and left the country in mid-2006, thus not complying anymore with the residency obligation. I wanted to return permanently to Canada and was given a travel document based on Humanitarian and compassionate reasons due to my high links to Canada. My parents and brother are now Canadians and all established in BC. I applied for a new PR card, but then had to return abroad in order to finalize the move before the PR card was fully processed. I was suggested to do so, and re-apply for another travel document in order to return to the Canada in march2012, which I did. However this time, the officer treating my case at the embassy decided that my H&C reasons were not sufficient enough and denied my travel document, thus cancelling my PR status in Canada. I have since made an appeal against this decision. However, last week my VALID PR card arrived from Novia Scotia (As the application was received, and in process months BEFORE the travel document was request) as they accept it based on H&C reasons. I am now confused on my status in Canada...I assume that it is still revoked...even though I do have now a valid PR card?? Thank you for your help, and I am looking forward to your reply.

You should have waited to get your PR before leaving Canada. The Officer used pure common sense. You came and then go... Ask for Humanitarian and compassionate reasons twice?

SFD

 

[JG]

It was impossible for me to wait for my PR card...it took 5 months to process.. i had to leave to finalize a couple of things before coming back that could not wait...before leaving Canada I talked to CIC and explained the situation, they suggested to re-apply for the return travel document.

Jgirl...they sent my PR card to my home in canada. As for the appeal, I made almost immediately upon returning to Canada, beofre i received my PR card..normally you have 60 days to make the appeal after you receive the letter.

 

[SFD]

It was impossible for me to wait for my PR card...it took 5 months to process.. i had to leave to finalize a couple of things before coming back that could not wait...before leaving Canada I talked to CIC and explained the situation, they suggested to re-apply for the return travel document.

Jgirl...they sent my PR card to my home in canada. As for the appeal, I made almost immediately upon returning to Canada, beofre i received my PR card..normally you have 60 days to make the appeal after you receive the letter.

I do really hope you get it back. I am not an expert on this. Perhaps, Qorax or Leo have a good advice.

JG, sometimes, we just can have all we want to in life. Is either one or the other.

Wish you the best...

SFD

 

[JG]

thanxs for the support,
I really hope so too i spent the majority of my life here...see how it goes

 

[amirakhavan]

Hi all
i got a very bad situation.. i landed in canada in may of 2006 and applied for Renewal of my PR card in Sept 2010.... . In Apr 2011, I sent a letter for urgent processing for personal reason ( sickness)
. When I applied for urgent processing, I was responded that my application has been sent to local and they were unable to process it quickly. I decided to travel back home in Apr 2011 while my PR card was expired in Jun 2011 and after 2 months from when I arrived home, in Jun 2011,my PR card expired
I wasn't worried because I thought that the application of the renewal of the PR card is in process. I thought that as soon as I receives a letter to pick up my new PR card in Canada, I would take the letter to embassy and would get VISA.( travel document ) That is why, I waited and waited for several months.
After several months when I didn't receive any response from immigration, I had to apply for travel document in Aug 2012 but it refused and I lost my PR card ...because i dident meet obligation 730 days ... and i was about 700 days in Canada ....after that i got appeal in Sep 2012 and my file number just arrived 2 weeks ago... But last week I have received the surprising letter that my renewal PR card is ready and invite me to pick up it ..
my question
1) what should i do right now ? according to I am abroad and the first time the application for travel document refused?
2 ) according to I already got an appeal for my rejection PR card what happen if I apply for travel document for second time ?
I am waiting for your reply and appreciate to advise

 

[amirakhavan]

: Confused PR card received after travel document refused

Hi all
i got a very bad situation.. i landed in canada in may of 2006 and applied for Renewal of my PR card in Sept 2010.... . In Apr 2011, I sent a letter for urgent processing for personal reason ( sickness)
. When I applied for urgent processing, I was responded that my application has been sent to local and they were unable to process it quickly. I decided to travel back home in Apr 2011 while my PR card was expired in Jun 2011 and after 2 months from when I arrived home, in Jun 2011,my PR card expired
I wasn't worried because I thought that the application of the renewal of the PR card is in process. I thought that as soon as I receives a letter to pick up my new PR card in Canada, I would take the letter to embassy and would get VISA.( travel document ) That is why, I waited and waited for several months.
After several months when I didn't receive any response from immigration, I had to apply for travel document in Aug 2012 but it refused and I lost my PR card ...because i dident meet obligation 730 days ... and i was about 700 days in Canada ....after that i got appeal in Sep 2012 and my file number just arrived 2 weeks ago... But last week I have received the surprising letter that my renewal PR card is ready and invite me to pick up it ..
my question
1) what should i do right now ? according to I am abroad and the first time the application for travel document refused?
2 ) according to I already got an appeal for my rejection PR card what happen if I apply for travel document for second time ?
I am waiting for your reply and appreciate to advise

 

[Msafiri]

It was impossible for me to wait for my PR card...it took 5 months to process.. i had to leave to finalize a couple of things before coming back that could not wait...before leaving Canada I talked to CIC and explained the situation, they suggested to re-apply for the return travel document.

Jgirl...they sent my PR card to my home in canada. As for the appeal, I made almost immediately upon returning to Canada, beofre i received my PR card..normally you have 60 days to make the appeal after you receive the letter.

You did the right thing to appeal. A final decision on your PR status will be made after a Immigration & Refugee Board hearing. You should prepare for this hearing and provide substantial evidence of your ties to Canada that resulted in you being issued the initial TD. Going abroad to finalize your move is not a 'good' reason for a subsequent application of a TD when you already had a TD issued. There is case law to this effect. Its helpful for as many of your direct family members i.e. siblings/ parents to attend the hearing and provide letters of support and the impact on their lives if you were to leave Canada.

The PR Card is a status document for travel reasons but its not a definitive proof that you have maintained your PR. You can use the PR Card for travel but you will likely get sent to Secondary Inspection at each entry and be given a hard time. Make sure you don't sign anything - you could be relinquishing your PR. Until the appeal is decided in your favour any time you spent in Canada does nto count towards meeting the residency requiremtn to maintain PR or for citizenship. Its best if you stay in Canada until this is resolved and establish strong ties i.e. employment - the Judges like it when you are contributing to society and what better civic duty is there than paying taxes eh!

Good luck

 

[Msafiri]

Hi all
i got a very bad situation.. i landed in canada in may of 2006 and applied for Renewal of my PR card in Sept 2010.... . In Apr 2011, I sent a letter for urgent processing for personal reason ( sickness)
. When I applied for urgent processing, I was responded that my application has been sent to local and they were unable to process it quickly. I decided to travel back home in Apr 2011 while my PR card was expired in Jun 2011 and after 2 months from when I arrived home, in Jun 2011,my PR card expired
I wasn't worried because I thought that the application of the renewal of the PR card is in process. I thought that as soon as I receives a letter to pick up my new PR card in Canada, I would take the letter to embassy and would get VISA.( travel document ) That is why, I waited and waited for several months.
After several months when I didn't receive any response from immigration, I had to apply for travel document in Aug 2012 but it refused and I lost my PR card ...because i dident meet obligation 730 days ... and i was about 700 days in Canada ....after that i got appeal in Sep 2012 and my file number just arrived 2 weeks ago... But last week I have received the surprising letter that my renewal PR card is ready and invite me to pick up it ..
my question
1) what should i do right now ? according to I am abroad and the first time the application for travel document refused?
2 ) according to I already got an appeal for my rejection PR card what happen if I apply for travel document for second time ?
I am waiting for your reply and appreciate to advise

1. If your nationality is visitor visa exempt for Canada then get a flight back and deal with Immigration at the airport. Make sure you have a return ticket for ease of boarding.
2. If your nationality is not visitor visa exempt for Canada and you have or can get a US visa then return via a land border.
3. A second application will get rejected. Had you applied for your TD within 365 days of leaving Canada you could have applied for a TD to attend the hearing - this would have been approved by the Immmigration Board.

What are the reasons for your absences from Canada?

 

[amirakhavan]

Thanks for the reply
my nationality is not visitor visa exempt for Canada and I cant get a US visa. Thus, I decided mail my ducument for a travel document however i was not in Canada within recent 365 days.
But I mentioned in letter for them that I had to leave Canada due to sickness of my grandmother and my grandfather passed away and she lives alone ...also my father is her only child that lives in Canada. I even got the necessary document to prove that she hardly been ill and she needs some one to take care of her .
Do I have a chance to get TD with the reasons ?
I am looking forward to your reply as soon as possible