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I left Canada as a minor out of my will and I do not meet the residency obligation

scylla

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i left Canada without a passport and my mother went back to Canada with only PRTD, I’m quite surprised and devastated to hear this. I’ll hear back from my lawyer in Saturday to see what’s possible but knowing this now means i don’t have a chance of returning.
Maybe an RTD is possible for you. I don't know and maybe the lawyer can advise you.
 
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scylla

VIP Member
Jun 8, 2010
95,848
22,113
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
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armoured

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Feb 1, 2015
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Yes, I was referring to getting in touch with the embassy. I think that's the next step most likely.
I presume there is some type of emergency travel document that embassy could issue in some cases (incl for some protected person cases) but I do not know details and they are by definition rare.

Lawyer and embassy contacts probably the prime routes of assistance.
 

Moah4901

Full Member
Sep 7, 2021
28
3
You need some kind of travel document to start. RTD (for refugee in Canada with PR) or a valid passport is what would help you. Some people get CI (Certificate Identification). Talk to you laywer if you have one already.

I’ll keep this in mind with my lawyer and see what he says on Saturday. I wish you knew how much help everyone on this thread is providing me and I’m very thankful for ❤
 

scylla

VIP Member
Jun 8, 2010
95,848
22,113
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I’ll keep this in mind with my lawyer and see what he says on Saturday. I wish you knew how much help everyone on this thread is providing me and I’m very thankful for ❤
Good luck.
 

June1311

Star Member
Jun 17, 2023
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Gurgaon
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I’ll keep this in mind with my lawyer and see what he says on Saturday. I wish you knew how much help everyone on this thread is providing me and I’m very thankful for ❤
Good luck in all your endeavours and do keep us posted on the thread.
 

armoured

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Feb 1, 2015
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I’ll keep this in mind with my lawyer and see what he says on Saturday. I wish you knew how much help everyone on this thread is providing me and I’m very thankful for ❤
I'm sure your lawyer will think of and construct the arguments, but two quick points:
-usually the PRTD process for removed-as-minors cases wants to see the applicants showing that they are / have attempted to return soon after becoming adults (eg age 18), a bit of a weakness in your case.
-your specific situation as a former protected person in a third country and without a passport could, in principle, be used to support point that you had unusual limitations on how you could return.

There are other aspects like this but at any rate for discussion with lawyer. My guess is that you would want to apply for PRTD as soon as feasible (while making a good application) even if no travel document in hand - but that really is only a guess.
 

scylla

VIP Member
Jun 8, 2010
95,848
22,113
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I'm sure your lawyer will think of and construct the arguments, but two quick points:
-usually the PRTD process for removed-as-minors cases wants to see the applicants showing that they are / have attempted to return soon after becoming adults (eg age 18), a bit of a weakness in your case.
-your specific situation as a former protected person in a third country and without a passport could, in principle, be used to support point that you had unusual limitations on how you could return.

There are other aspects like this but at any rate for discussion with lawyer. My guess is that you would want to apply for PRTD as soon as feasible (while making a good application) even if no travel document in hand - but that really is only a guess.
IMO the application will be refused / returned as incomplete since one of the required documents to apply is copies of a valid passport or travel document. I think the OP has to solve the passport / travel document issue first. Risky to submit an incomplete PRTD application since a refusal triggers the loss of PR status. Just my two cents.
 

armoured

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Feb 1, 2015
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IMO the application will be refused / returned as incomplete since one of the required documents to apply is copies of a valid passport or travel document. I think the OP has to solve the passport / travel document issue first. Risky to submit an incomplete PRTD application since a refusal triggers the loss of PR status. Just my two cents.
I admit I do not know and I'd go with what the lawyer suggests.

My reasoning is that there may not be any way to get the travel document without applying (that applying may push the file forward to coming to a conclusion on that matter), and that I think explaining that there is no travel document (and arguably cannot be one) due to the unique circumstances may prevent the app from being rejected. (I'm not aware of any other way to apply for an emergency travel document - they don't advertise this).

But my reasoning is only a guess and shouldn't be acted upon without proper advice. And I certainly don't know enough to say that your opinion's wrong either.
 

armoured

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Feb 1, 2015
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I'm not aware of any other way to apply for an emergency travel document - they don't advertise this.
I should have provided this link that is, I think, at least partly relevant:
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-passports/travel-documents-non-canadians/apply-how.html

Basically it says "contact the embassy or consulate" if you're abroad and therefore need emergency assistance for travel docs.

So there is a way to apply but no details provided. The chicken-or-egg issue is I'd guess they also want to establish the applicant is a PR and not inadmissible, which is usually done via the prtd process. (Plus there may be concerns/issues of whether the applicant has travelled to the home country from which protected person status was ostensibly needed, another relevant matter).

Anyway the point is well taken: the order of operations, how one applies for what in what order (or all at once or something else) may matter a great deal indeed. And crucial to avoid tripping the wrong refusal at the wrong time.

So a very specific case in which I for one don't wish to make any guesses. I think the point about the OP being a minor without documents (and this and related concerns being a reason for not applying earlier) is important, but there's a lot in here that's important, including procedural.
 

June1311

Star Member
Jun 17, 2023
140
37
Gurgaon
Category........
PNP
Job Offer........
Yes
Pre-Assessed..
Yes
IMO the application will be refused / returned as incomplete since one of the required documents to apply is copies of a valid passport or travel document. I think the OP has to solve the passport / travel document issue first. Risky to submit an incomplete PRTD application since a refusal triggers the loss of PR status. Just my two cents.
I’d agree too !
How difficult can it be to get a passport from your own country? Why not get that out of the way and not take a chance for a sure shot refusal.
 

Moah4901

Full Member
Sep 7, 2021
28
3
Good luck.
I presume there is some type of emergency travel document that embassy could issue in some cases (incl for some protected person cases) but I do not know details and they are by definition rare.

Lawyer and embassy contacts probably the prime routes of assistance.

I just wanted to know if you have an idea what i could do
I’d agree too !
How difficult can it be to get a passport from your own country? Why not get that out of the way and not take a chance for a sure shot refusal.

i seeked asylum from Somalia and that’s the only country I have ever been a citizen of and haven’t ever went back, if I ever did I think my status would be immediately revoked. I currently reside in djibouti and I think my only hope is to see what the lawyer says on Saturday June 24. Hopefully there is a clear answer and a quick safe route back to Canada but I have these self doubts that my case is extremely weak due to my age.
 

armoured

VIP Member
Feb 1, 2015
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8,887
I’d agree too !
How difficult can it be to get a passport from your own country? Why not get that out of the way and not take a chance for a sure shot refusal.
NO! Definitely not without checking with a lawyer.

OP became a PR as a protected person (refugee). Renewing one's passport is - or can be - treated as 'availment' of the protection of that country.

And for a refugee/PR who got status as a refugee, that's a step that can lead to cancellaton ('cessation' I think) of one's PR status.

Because if you ask for protection from the state you asked Canada for protection from, you (presumptively) do not need Canada's protection. (Travelling back to home country and using that passport to travel can also be issues)

All a complicated topic - but this is definitely a case where the OP should not take such a step without proper advice.
 

armoured

VIP Member
Feb 1, 2015
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I just wanted to know if you have an idea what i could do
Yes, understood. And I think we all are saying - speak to your lawyer first.

i seeked asylum from Somalia and that’s the only country I have ever been a citizen of and haven’t ever went back, if I ever did I think my status would be immediately revoked. I currently reside in djibouti and I think my only hope is to see what the lawyer says on Saturday June 24. Hopefully there is a clear answer and a quick safe route back to Canada but I have these self doubts that my case is extremely weak due to my age.
-I believe you mentioned this, that you'd not been back to Somalia. I only mentioned it because a) IRCC might look into it (not least which because, Somalia is very close by....) and that may add a bit of time, and b) that you not apply for travel docs/passport from Somalia without proper legal advice.

-Age: You're right to be concerned, but that can't be changed now. Your lawyer would/will be able to help you make the best most compelling case that your circumstances are unique and that's why you've taken longer to apply. They do not seem to have a hard age 'limit' for this, but rather approve cases where closer to 18 more readily. In my view you have at least some arguments that could be convincing - not a guarantee but some hope at least. The documents/passport thing alone is something most young adults would be intimdated or stumped by.