Given Travel document with R-1 though it the application based on H&C grounds

[wedso]

Hello
i have a PR card available from 05/2009 till 05/2014, during this period i only spent one week in canada and i wasn't able to meet the residency obligation due the sickness of my daughter who showed signs of autism and her doctors informed me that it is crucial that i stay close to her.
Now i applied for a travel document based on Humanitarian reasons (in tha TD application) and attached a letter discribing my situation and medical proofs and got my application accepted with R-1 visa (and not RC-1 for H&C grounds)
i have concerns that once there i wont be able to renew my PR and have to stay for 2 years for that.
i contact the ambassy and said they can't provide me any document describing that basis of this TD.
what can i do in this situation
thanks in advance for your help

 

[wedso]

I really apreciate any help on this

 

[zardoz]

More information is required. Why are you a PR in the first place? What are your personal circumstances? Why can't you remain in Canada to fulfil the residency obligation requirements from non on?

 

[wedso]

replying to your questions
1-i am a PR resident because i applied for an immigration process and got accepted and got my PR card on 05/2009
2- my personal circumstances that forced me to not meet the residency obligation are mainly the sickness of my daughter (who was born on 2010) who showed signs of autism and agitations
3-i applied for PRTD based on humanitarian grounds and mentioned explicitly that i dont meet the residency requirement and granted it with a category R-1 , my researchs lead to discover that RC-1 is the right category fot TD granted on H&C grounds

 

[zardoz]

So, you are not married to a Canadian citizen? Also, you ignored my last question.

 

[wedso]

ah sorry ,not in purpose
no i am not married to a canadian residence
from now on i can meet the requirement if i go to canada ,my concerns are :
1- if i got the PR renwal reject i will not able to visit my family from time to time (once each 3 months maybe) during 2 years
2- i am affraid i wont be able to join my family with me (family groupement)
believe me that is not easy to handle

 

[zardoz]

OK, regardless of the coding on your PRTD, you will still have to apply for a PR card in the normal way. The code might have made it easier to demonstrate an H&C defence to the rejection of the application. However, you are where you are and you only have 3 options, that I can see.
1) accept the document as is, remain in Canada and then renew after you meet the residency obligation requirements.
2) reject the document and ask for it to be reassessed / reissued.
3) accept the document and apply for PR card renewal, knowing that you will have to make your H&C case all over again.

My suspicion is that the coding that you received is because you currently hold an unexpired PR card and don't actually *need* a PRTD to travel. That is, after all, the primary reason for the PRTD.

 

[wedso]

Hi
many thanks for you answers
for the scenario 1, would i be able to sponsor my wife and little daughter? or should i wait for 2 years to start that?
for the scenario 2 , do you know how can i ask for reassement

 

[zardoz]

1) if you apply to sponsor them, your residency will be called to account anyway. So really nothing different to the risks involved in renewal of the PR card.
2) You would have to raise a case specific enquiry to the Visa Office that issued the PRTD. There is the high risk that a reassessed document might not be issued if the visa officer processing it makes a different ruling. Frankly, I'm amazed that they issued you a PRTD in the first place, with only 1 week in Canada in 4.5 years.

 

[wedso]

thanks a lot for you advices
i think i will opt for the reassesment of my TD to reflect the nature of the application i raised in first place (which was mentioning "non meeting residency obligation of humanitarian grounds"),
i think is too risky to apply for the renwal of my PR once there, which my lead to get departed if it is rejected

 

[wedso]

any similar experiences or new suggestions are very welcome

 

[meganpeter]

Hello Wedso,

I am in the exact same situation as you are. Got the PR in 2006 when I was a minor, lived in the US since and applied for the travel document based on the fact that I was a minor. Luckily, I received the R-1 visa for permanent residents.

I am in Canada now and I contemplated renewing my PR, but I do not meet the residency requirements. From the advise of experts in this forum and a immigration consultant, I was told to wait 2 years until I meet the residency obligations. I am going to do that. It is not worth the risk applying when you know that you do not meet residency obligations.

 

[wedso]

Hello
i am giving updates :
i asked the embassy to re-issue the VISA with RC-1 instead of R-1 and this according to the application i have submitted which indicated explicitly not meeting residency obligation due to Humanitarian grounds and they canceled the old VISA ans issued new one with RC-1 Category
i think i can apply for new PR card and sponsor my family without issues once i land in canada?