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Permanent Resident Travel Document Application Denied

Hyacinthaneke

Newbie
Jul 5, 2018
1
0
I need help and advice. We are currently outside Canada.

Our application for Permanent Travel Document was denied because true and correct we did not meet the residency obligation.

However, we wanted to be considered on humanitarian and compassionate basis.

The application was made for myself, my wife and my daughter who is now 18. Before we left Canada almost 10 years ago, we have two sons that were born in Canada and for that are Canadian citizens. But my daughter and my two sons want to rerurn to Canada.

My application and that of my wife for Permanent Travel Document was denied but that of my daughter who just gained admission to University of Toronto, Waterloo and McGill to read Electrical and Electronic University was granted. She is just 18 and her brothers are 13 and 11.

I was advised in the rejection letter that I have the option to appeal the CIC decision. But I also read from this forum that the appeal process can take time and the timing can't be influenced.

However, my daughter need to return to Canada by this Sept 2018 and myself and my wife or either of us would need to accompany her as we would not want her to go alone. It may be too much for her to handle.

So we would want to apply for both the residency obligation appeal and also apply for temporal visa to enable us accompany our daughter back to Canada in Sept for her resumption in school.

I would appreciate counsel on how best to go about this. The appeal process may not be concluded within the period and even if it is, there is no quarantee that it will be positive.

So we need a way to get to Canada without jeopardizing the appeal.

Grateful for your steer, help and support.
 

Tubsmagee

Hero Member
Jul 2, 2016
438
131
I need help and advice. We are currently outside Canada.

Our application for Permanent Travel Document was denied because true and correct we did not meet the residency obligation.

However, we wanted to be considered on humanitarian and compassionate basis.

The application was made for myself, my wife and my daughter who is now 18. Before we left Canada almost 10 years ago, we have two sons that were born in Canada and for that are Canadian citizens. But my daughter and my two sons want to rerurn to Canada.

My application and that of my wife for Permanent Travel Document was denied but that of my daughter who just gained admission to University of Toronto, Waterloo and McGill to read Electrical and Electronic University was granted. She is just 18 and her brothers are 13 and 11.

I was advised in the rejection letter that I have the option to appeal the CIC decision. But I also read from this forum that the appeal process can take time and the timing can't be influenced.

However, my daughter need to return to Canada by this Sept 2018 and myself and my wife or either of us would need to accompany her as we would not want her to go alone. It may be too much for her to handle.

So we would want to apply for both the residency obligation appeal and also apply for temporal visa to enable us accompany our daughter back to Canada in Sept for her resumption in school.

I would appreciate counsel on how best to go about this. The appeal process may not be concluded within the period and even if it is, there is no quarantee that it will be positive.

So we need a way to get to Canada without jeopardizing the appeal.

Grateful for your steer, help and support.
What was the basis of the H&C? 10 years is a long time, so it is not likely to be granted on appeal, but you never know...
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
I need help and advice. We are currently outside Canada.

Our application for Permanent Travel Document was denied because true and correct we did not meet the residency obligation.

However, we wanted to be considered on humanitarian and compassionate basis.

The application was made for myself, my wife and my daughter who is now 18. Before we left Canada almost 10 years ago, we have two sons that were born in Canada and for that are Canadian citizens. But my daughter and my two sons want to rerurn to Canada.

My application and that of my wife for Permanent Travel Document was denied but that of my daughter who just gained admission to University of Toronto, Waterloo and McGill to read Electrical and Electronic University was granted. She is just 18 and her brothers are 13 and 11.

I was advised in the rejection letter that I have the option to appeal the CIC decision. But I also read from this forum that the appeal process can take time and the timing can't be influenced.

However, my daughter need to return to Canada by this Sept 2018 and myself and my wife or either of us would need to accompany her as we would not want her to go alone. It may be too much for her to handle.

So we would want to apply for both the residency obligation appeal and also apply for temporal visa to enable us accompany our daughter back to Canada in Sept for her resumption in school.

I would appreciate counsel on how best to go about this. The appeal process may not be concluded within the period and even if it is, there is no quarantee that it will be positive.

So we need a way to get to Canada without jeopardizing the appeal.

Grateful for your steer, help and support.
What H&C grounds were you trying to claim? Wanting to accompany your children now doesn't count. You need to show H&C reasons as to why you failed to meet the RO.

There is no temporary visa to apply for.
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
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 need help and advice. We are currently outside Canada.

Our application for Permanent Travel Document was denied because true and correct we did not meet the residency obligation.

However, we wanted to be considered on humanitarian and compassionate basis.

The application was made for myself, my wife and my daughter who is now 18. Before we left Canada almost 10 years ago, we have two sons that were born in Canada and for that are Canadian citizens. But my daughter and my two sons want to rerurn to Canada.

My application and that of my wife for Permanent Travel Document was denied but that of my daughter who just gained admission to University of Toronto, Waterloo and McGill to read Electrical and Electronic University was granted. She is just 18 and her brothers are 13 and 11.

I was advised in the rejection letter that I have the option to appeal the CIC decision. But I also read from this forum that the appeal process can take time and the timing can't be influenced.

However, my daughter need to return to Canada by this Sept 2018 and myself and my wife or either of us would need to accompany her as we would not want her to go alone. It may be too much for her to handle.

So we would want to apply for both the residency obligation appeal and also apply for temporal visa to enable us accompany our daughter back to Canada in Sept for her resumption in school.

I would appreciate counsel on how best to go about this. The appeal process may not be concluded within the period and even if it is, there is no quarantee that it will be positive.

So we need a way to get to Canada without jeopardizing the appeal.

Grateful for your steer, help and support.
It makes sense your daughter was approved - while you and your wife were refused. Your daughter has H&C circumstances since she was removed from Canada as a minor. Given you and your wife have been outside of Canada for 10 years, there are really no H&C arguments you can claim that would result in a positive outcome. (Wanting to accompany your daughter to Canada is not grounds for an H&C claim.)

Recommend you find a family member or close friend who can support your daughter when she returns to attend school. Or she can simply come on her own - many international students do this. Since the PTRD has been refused, there's really no way for you to enter Canada at this point without first officially giving up your PR status and then applying for TRVs. You'll have to wait out the appeal outside of Canada. You should assume it's going to end in refusal and start making plans for what you will do when you officially lose your PR status.

If being PRs again is a priority for you, I would start looking into the current requirements for Canada's immigration programs. They will have changed significantly since you applied 10 years ago. It will be many years before your daughter will be in a position to potentially qualify to sponsor you.

If you don't care about PR, then don't appeal. You'll then lose your PR status and can try applying for TRVs to travel with your daughter to Canada. Note that a TRV only allows you to visit temporarily. It will not allow you to stay in Canada long term or live there while your daughter attends school.
 

Lanina

Hero Member
Apr 10, 2017
400
108
This is so sad. To gain PR then to lose it because you never lived here is tough. Now when you need it you have losted it.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Note also that as you were not in Canada at any time in the past 365 days before you submitted your application for the PRTD, you will not be entitled to a PRTD to travel to Canada for an appeal either.
 
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Jasskaur102

Star Member
Dec 7, 2018
148
2
30
It makes sense your daughter was approved - while you and your wife were refused. Your daughter has H&C circumstances since she was removed from Canada as a minor. Given you and your wife have been outside of Canada for 10 years, there are really no H&C arguments you can claim that would result in a positive outcome. (Wanting to accompany your daughter to Canada is not grounds for an H&C claim.)

Recommend you find a family member or close friend who can support your daughter when she returns to attend school. Or she can simply come on her own - many international students do this. Since the PTRD has been refused, there's really no way for you to enter Canada at this point without first officially giving up your PR status and then applying for TRVs. You'll have to wait out the appeal outside of Canada. You should assume it's going to end in refusal and start making plans for what you will do when you officially lose your PR status.

If being PRs again is a priority for you, I would start looking into the current requirements for Canada's immigration programs. They will have changed significantly since you applied 10 years ago. It will be many years before your daughter will be in a position to potentially qualify to sponsor you.

If you don't care about PR, then don't appeal. You'll then lose your PR status and can try applying for TRVs to travel with your daughter to Canada. Note that a TRV only allows you to visit temporarily. It will not allow you to stay in Canada long term or live there while your daughter attends school.
Is rejected prtd has any negative effect upon student visa?i got notice of appeal . Now i am applying for student visa. Is my privious case of rejection of prtd will have any negative impact upon study permit? Please reply soon
Thankyou
 

tomminad

Member
Jun 18, 2017
15
0
I left Canada since December 2019.. I am a permanent resident in Canada since October 2016.. I meet the 730 days residency but my questions is I left Canada since December 2019 am I eligible to apply for PTRD.
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,519
I left Canada since December 2019.. I am a permanent resident in Canada since October 2016.. I meet the 730 days residency but my questions is I left Canada since December 2019 am I eligible to apply for PTRD.
Have you met the 730 days in the past 5 years based on January 31, 2022? You aren’t entitled to a PRTD unless you have H&C reasons if you haven’t met your RO but you can enter via the US land border without a valid PR card. If you have been in Canada for 730 days in the past 5 years then you can apply for a PRTD.
 

tomminad

Member
Jun 18, 2017
15
0
Yes I met the residency since last 5 years.. I got my PR 2016 since then have been working and living in Edmonton but 2019 I left Canada.
So my last 5 years from January 2022 should 2017.
Thanks!!