I received "Procedure fairness letter" for my Permanent Resident Travel Document application, please let me know what should I do?
- Thread starter manish_canada
- Start date
They have the right to respond to the procedural fairness letter and should. The fact that they never established a life in Canada when they had the chance, stayed for short periods of time every year of around 6 months, only worked for 3 months in total, received welfare, etc. doesn’t show a lot of effort in establishing a life in Canada. Given that there was never any true establishment in Canada the argument can be made that their life would not change dramatically if they lost their PR status. Agree with @scylla that you have to show that Covid prevented you from travelling and that you applied for PRTD as soon as possible. Many have been travel to and from India throughout almost all of the pandemic. He can argue that he was only comfortable travelling after getting 2 doses of the vaccine and should show that they got the 2nd dose as soon as it was possible in India for his age group. Once he received the vaccine he then applied for the PRTD so he could return to Canada as fast as possible realizing he was not compliant with his RO. It is hard to imagine that a 2nd dose was not available until December 2021 in India but given the lack of establishment and work in Canada since 2013 air is even more important to show that you returned as soon as physically possible. Still unclear what courses were taken and whether that would be any benefit to the H&C application.
I sent my reply to the "Procedural Fairness Letter" around 25 days back but I have not received any response back so far except for the acknowledgment that my reply has been received.
Do you have any idea about the processing time it would take for them to process my reply to the "Procedural Fairness Letter"?
Do you have any idea about the processing time it would take for them to process my reply to the "Procedural Fairness Letter"?
There are no processing times for PFL as they will take as long as they want. Also depends on the complexity of your case.
No, I didn't as I came back to my home country after completing 730 days and I couldn't renew my card from outside of Canada.
If I were you, I would travel to Canada via US, to make sure you get full and fair hearing before IAD and can appear in any court having jurisdiction over your case, if necessary. As I repeatedly said in my posts on this forum, there are criminally minded individuals (just like gangsters on the street) who apply for jobs in law enforcement and get a badge and deliberately make unfair/biased decisions against immigrants. And, just as street criminals do, cops often defend "their own" regardless of who is right or wrong and what law says. As long as you are someone "other" , they will cover and back up one of "their own", even if it means making grossly unfair decision against you and existing law, while negatively affecting your entire life. The officer reviewing your case may be presented with documents clearly establishing facts in your favor, and still rule that he was unsatisfied with your evidence and arguments. If you are outside of Canada and its' jurisdiction, you will have an uphill battle to fight, but if you are in Canada, your chances might be much better, in reaching higher courts with jurisdiction over you based on your residence.
I also notice a real issue of cultural misunderstanding and miscommunication. Please understand: in Canada you can't just make vague arguments with half-evidence, plea for mercy and hope that , figuratively speaking, "big guy" will see your tears and give you a pass under influence of a momentary wave and feeling of largesse. Something you might be used to in India is not going to work in Canada (or US, or UK or Germany and other Western European states).
You have to be precise, very precise. Every word you say, every argument you make must be backed by documentary evidence. You must foresee possible questions and inquiries and address them in advance when submitting your response to PFL (which you have already submitted, and hopefully you did it right). You have to show evidence not only of your return ticket, but also evidence that travel was banned at that time. Then you have to present evidence of when travel was allowed and how soon after that you took active steps to return to Canada. Again, you can't just send a letter with blah-blah-blah and bohohohohohoo , everything you say has to be backed by evidence and show that you were actively engaged and did everything you could (since travel restrictions were lifted) to return to Canada, including getting the vaccination as soon as borders opened, and attach copies of receipts, news articles with travel restriction information, chronological timing of actions you took and matching evidence to support your case. If it turns out that you did all in good faith and took all necessary actions (with evidence supporting what you say), then chances are high that higher bodies/appellate bodies will side with you and rule in your favor, even of the officer at lower level makes the mistake. But you have to be detail oriented, stick to facts and support it with incontrovertible evidence. Otherwise, you will not have a case and won't prevail, no matter which appellate body reviews it. Good luck.
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I do not have a US visa right now, I need to apply for one. I have a few questions:
1) How much time does IRCC give for passport stamping if they approve my application for PRTD?
2) What if I am unable to submit my passport during the time allowed as I already submitted my passport for US visa stamping, could I ask for an extension from IRCC for passport stamping?
3) What is the minimum validity of PRTD they would issue in my case if they approve?
1. That I don't know.
2. If you can't get to US it might be too late to apply for a visa. You will not be able to grab your passport on a short notice from one government agency and forward to another. If I were you, I would not pursue US visa now (but I would pursue it and try to get to Canada before applying for PRTD. I would apply for PRTD ONLY if all else failed). You may now have to deal with situation as is, from outside of Canada.
3. That I also don't know. I see some members reporting one year validity with single entry, others report much longer validity (up to 5 years) with multiple entries. But I don't know what the decision to issue one or another is based on.
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Timing: The processing times for PR Travel Document applications for a PR in breach of the Residency Obligation, and thus relying on H&C factors, vary widely. There are no where near enough anecdotal reports, our only source for this information, to support offering even a wild guess.
PPR extension: Similarly in regards to requesting more time to submit the passport if the PR TD application is approved. Of course you can ask, but again there is at best uncommon and sketchy reports about this generally, let alone in regards to particular visa offices, so no one here can offer a reliable answer.
PR TD validity: we do have more and relatively consistent reporting about this, most indications being that the PR TD is good for six months but no longer than the passport itself is valid, with some reports of PR TDs good for a year, and some reports of multiple-use or multiple-entry PR TDs good for up to five years (again, unless the passport expires sooner). Generally I would not mention the latter in regards to an H&C case, as it seems very unlikely a multiple-entry PR TD would be issued in such cases, but there has been one recent report here quite adamant they were given a multiple-entry PR TD coded RC-1 (meaning granted based on H&C considerations).
KEY NOTES:
-- if the PR TD is denied, that is a decision terminating your PR status, so you would need to appeal that in order to have a chance to save your PR status; you will be given 60 days to make that appeal (and this applies even if you manage to travel to Canada via the U.S. and are allowed into Canada . . . if the PR TD has been or is denied, that terminates your status unless you appeal and win the appeal)
-- it appears you have not been in Canada within the year previous to the PR TD application, so if the PR TD is denied it is not likely you will be given a special PR TD to come to Canada for the appeal
BEWARE . . . it is often said (going back to a quote taken from an American poet, Maya Angelou) that if someone tells you who they are, believe them. So when someone says to you, in response to your queries here clearly and specifically about following through with the PR TD application you have in process (it's even in the topic title after all) ". . . try to get to Canada before applying for PRTD. I would apply for PRTD ONLY if all else failed . . ." they are telling you their comments are not rooted in or related to any effort to genuinely understand your situation let alone sincerely offer useful or reliable information about it. Believe it, and duly ignore. (And that appears to be their modus operandi generally.)
Beyond that, yeah, you are in a precarious situation. If you could consult with a Canadian lawyer and review the substance of your H&C case, as laid out in your response to the PFL, maybe the lawyer could give you some sense of whether there is reason to hope for H&C relief. While I agree with others that, it appears, focusing on the difficulty of returning to Canada due to Covid (not just the travel restrictions in particular, but the difficulty of making the move during the pandemic as well) is central to the H&C case, hopefully you included some of the other information explaining your situation overall. I disagree a little with some, in regards to minimizing the value of continuing education and related activities, toward being better prepared to find work and establish your life in Canada -- while such intentions and related efforts generally may not weigh a lot standing alone, to the extent they indicate you have been on a path headed toward settling in Canada that could and to my view should help some.
If the PR TD is denied, no reason to sugarcoat it: an appeal will be a long shot.
Whether it will be worth your effort, and the expense, will be your call. Even though you do not qualify for the special PR TD to come during the appeal, you can make the appeal, still pursue obtaining a U.S. visa, and assuming that comes through, travel to Canada pending the appeal. And doing that would be some help (days in Canada will not "count" toward RO compliance, but they can be a positive, showing ties and intent factor). Moreover, if you can afford a lawyer, a lawyer's assistance could make a difference.