Permenant Residency Obligation - PR renewal & Travel Document

[mspr]

My self and Family (Wife, son and daughter) have immigrated to Canada in June 2007 and my family lived continuously in Toronto and got Citizenship in May 2011. Since we landed in Canada, i just stayed few months in a year and i was working in outside Canada and thought of settling before three years of Cap period.
In meantime, my mother got paralysis attack in Feb 2008 and spent lot of money for her medical expenses and being only son for my old ailed parents and to look after either side (Canada and India) and forced to work outside Canada. During my mother illness i had visited India very frequently and deployed a family to look after my bed ridden mother continuously. In result of this i hardly spent in Canada close to 300 days during 5 years’ time up until June 2012. Meantime i have applied for renewal of my PR under Humanitarian and compassionate grounds in Jan 2012 and got reply from Sydney, N.S. stating that "your application has refer to local Citizenship and Immigration office" which is Missisauga, ON. Further in the same letter it is mentioned that "this referral will result in additional delay". Please advise me on following queries;
1. How long it will take to review by the local office (CIC) especially on Humanitarian ground applications? What shall i do, if i get further delay? Meantime i want visit my family in Canada who are Citizens, shall i apply for TD under Humanitarian grounds close to my place where i live. How long do you think it will take? If i am lucky to get that TD how long it will be valid from date of issue to land in Canada and after landing how long i can stay under TD in Canada.
2. Please advise that, shall i have to send same documents when i apply for TD (Travel documents) what i had applied for PR renewal under Humanitarian grounds.
Please share your valuable thoughts and experiences... I appreciate if anyone can advise asap for above two questions. Best regards to all….

 

[Leon]

I can not tell you how long it will take but tell you this. Worst case scenario, if you lose your PR, your wife can sponsor you again. Through New Delhi, you should have a new PR in 6-9 months I think. In the meantime, because immigration is slow, why don't your family come to visit you instead?

 

[mspr]

Mr Leon,

Thank you very much for your prompt reply.

I am working in Middle East at present. Can't i apply for Travel document to AbuDhabi Office and any chance to get Travel document to travel next month or December to Canada?


Best regards

mspr

 

[computergeek]

Thank you very much for your prompt reply.

I am working in Middle East at present. Can't i apply for Travel document to AbuDhabi Office and any chance to get Travel document to travel next month or December to Canada?

You can, but they will need to do exactly the same thing as the office in Canada. Abu Dhabi reports 14 days to issue a PRTD, but says that it may be longer in complex cases - and yours is a complex case. http://www.canadainternational.gc.ca/uae-eau/visas/processing-traitement.aspx?view=d

You are allowed to have multiple applications in process at the same time; the first one finished will make the second one moot. The local office may be able to offer you faster turn-around than the inland office. Of course, if the inland office wants to conduct an interview, you'll need a PRTD to attend it anyway - I believe this is the special case where they give you a 1 year PR card, in fact. If the inland office were to refuse your application you'd then be under a removal order - but as Leon noted, your wife could sponsor you again.

If your wife is a citizen now, why doesn't she come live with you? It's probably too late, but time spent with your spouse living outside Canada counts for the PR residency obligation.

 

[mspr]

Mr. Leon/John,

I have got reply from stating that PR renewal is in process, if i am out of Canada to apply PRTD to enter into Canada. How long i can wait outside of the Canada after issuing the PRTD and how long i can stay in Canda after arriving. If anybody who has experienced, please advise me. It is crucial for me to decide and apply for PRTD, hence i request you all for valuable information since my son going take up addmission into university during this year.

Yours truly

mspr


Mr Leon,

Thank you very much for your prompt reply.

I am working in Middle East at present. Can't i apply for Travel document to AbuDhabi Office and any chance to get Travel document to travel next month or December to Canada?


Best regards

mspr
[/quote]

 

[Leon]

I have got reply from stating that PR renewal is in process, if i am out of Canada to apply PRTD to enter into Canada. How long i can wait outside of the Canada after issuing the PRTD and how long i can stay in Canda after arriving. If anybody who has experienced, please advise me. It is crucial for me to decide and apply for PRTD, hence i request you all for valuable information since my son going take up addmission into university during this year.

If you get a PR TD, you must enter Canada before it expires. I have heard they are usually valid for 6 months but before you apply, you may want to ask the embassy.

After you arrive with your PR TD, you can stay in Canada as long as you like.

 

[mspr]

Thanks for your prompt and valuable reply. I have applied for PRTD and awaiting for travel document.

I request Leon and who has expereince, Please advise me for following questions:

1) In case i don't consider for renewal of my PR and i loose my PR status, if I land in Canda under PRTD and happened return back to where i am within short period, what will be the consequenses?

2) My Family status in Canada are all citizens. Am i entitled to again apply under PRTD and travel back to Canada after 3 or 4 months? Is it possible? Or i have to apply for visit visa every time to travel as and when visit Canada.

3) If my PR renewal is refused by CIC, only option is family sponsor by my spouse. Am i right? During the process of family sponsor PR, what are the procedures to visit Canada?

I look forward to your valuable advise for above 3 questions. Thanks.

Yours Truly

mspr

 

[computergeek]

1) In case i don't consider for renewal of my PR and i loose my PR status, if I land in Canda under PRTD and happened return back to where i am within short period, what will be the consequenses?

This will very likely lead to your loss of PR status, as it is extremely unusual to have a PRTD issued twice for H&C grounds. If you are granted a PRTD on H&C grounds, I'd advise you apply for a new PR card once you are in Canada, and wait until you receive it (~3 months) before traveling back outside Canada again. With a valid PR Card you are unlikely to experience any problems for at least the first couple years - but again, you are not in compliance, so it is best if you return to compliance as quickly as possible.

2) My Family status in Canada are all citizens. Am i entitled to again apply under PRTD and travel back to Canada after 3 or 4 months? Is it possible? Or i have to apply for visit visa every time to travel as and when visit Canada.

If you are a permanent resident, you cannot obtain a visitor's visa - visitor's visas are only provided to foreign nationals. It is extremely unlikely they will continue to issue PRTDs to you. Further, if you lose your PR status (so you are a foreign national again) then when you apply for a visitor's visa you will need to convince the visa office that you will not remain in Canada and it is quite possible that with all of your family in Canada the visa office will not believe it is your intent to leave and thus will refuse you the visitor's visa.

3) If my PR renewal is refused by CIC, only option is family sponsor by my spouse. Am i right? During the process of family sponsor PR, what are the procedures to visit Canada?

Again, your PR is not being renewed, only your PR card. The PR card is like your passport - it provides evidence of status. If your passport expires, you don't cease to be a citizen of your country. If you are granted a PRTD on H&C grounds, CIC will not refuse to issue you a new PR card - the decision has already been made and you get to start with a clean slate. But H&C exceptions are seldom granted twice and there are many court cases attesting to this.

If you are a foreign national from a non-visa-exempt country being sponsored by your spouse, it is typically very difficult to obtain a TRV to come to Canada because the visa officer will not believe you are going to leave Canada. You actually might be able to successfully make that argument. There is an additional option beyond the TRV if you are deemed to be inadmissible because the visa officer does not believe you will leave - you may request a Temporary Resident Permit (TRP) under the "early admission" category.

Your best avenue is still to obtain that PRTD. I don't know what you told the visa office as to your reason for not meeting the residency obligation, but I hope that it is sufficiently persuasive that they agree to grant you the exception.

Good luck!

 

[mspr]

Thank you very much for your detailed and more explanatory reply. I will keep in touch as my case process.

Thanks again.

Kind regards

mspr

 

[mspr]

Dear Leon,

Further to my trailing mails on PRTD visa, I have obtained PRTD visa and travelled back to Canada for few weeks. My PR renewal was refused by the immigration authorities and I wish to apply PR under family class now. I am going outside Canada in couple of weeks and planning to apply under family sponsor when I will be outside Canada.

As I mentioned my Family all are citizens and my wife is working and earns nominal salary . To sponsor me under family sponsorship how much amount annually my wife must be earning? If any idea please let me know. In the application form I will be filling whatever she earns yearly as per CRA. Is their any advantage having house jointly in Canada to do family sponsorship PR.

Please advise 1) what is the best way to apply to Family class sponsorship? 2) After applying do I get PRTD to visit Canada or should I apply for Visit visa.

Appreciate if any one can help me in this regards. Thanks

Best regards
mspr

 

[Leon]

Dear Leon,

Further to my trailing mails on PRTD visa, I have obtained PRTD visa and travelled back to Canada for few weeks. My PR renewal was refused by the immigration authorities and I wish to apply PR under family class now. I am going outside Canada in couple of weeks and planning to apply under family sponsor when I will be outside Canada.

As I mentioned my Family all are citizens and my wife is working and earns nominal salary . To sponsor me under family sponsorship how much amount annually my wife must be earning? If any idea please let me know. In the application form I will be filling whatever she earns yearly as per CRA. Is their any advantage having house jointly in Canada to do family sponsorship PR.

Please advise 1) what is the best way to apply to Family class sponsorship? 2) After applying do I get PRTD to visit Canada or should I apply for Visit visa.

Appreciate if any one can help me in this regards. Thanks

Best regards
mspr

On what grounds did they refuse to renew your PR card?

It sounds to me like you still have your PR status, that they just refused to renew the card itself. Therefore, if you want to return, you should apply for another PR travel document. If you are refused, you will lose your PR and could then apply for a visit visa.

There is no specific income requirement to sponsor a spouse so your wife should be fine to apply. Since you are not going to be staying in Canada throughout the processing, applying inland is not an option so she should apply for you outland. Depending on the visa office, the sponsorship could take anywhere from a few months to a couple of years.

 

[mspr]

Thanks for your kind information.

My PR renewal was refused not complying the required 730 days in 5 years cycle though I applied under Humanatiary grounds. The CIC smartly replied stating that as you advised that you haven't stayed 730 days, we are hereby not renewing the PR. They have asked me to appeal. But I didn't appeal as it takes long process.

Then I applied for my PRTD and CIC Visa office called for an interview and visa officer has granted PRTD and advised me to apply under family sponsor for obtaining PR.

Thanks for your kind support and advises all the time. I have few doubts in filling the family sponsor application. I will write in next mail.

Thanks and have a Good Day...

Best regards

mspr

 

[scylla]

To answer some of your earlier questions:

1) There is no advantage for the PR application to having a jointly owned home in Canada
2) There is no minimum income requirement for your wife to sponsor you.

 

[computergeek]

Then I applied for my PRTD and CIC Visa office called for an interview and visa officer has granted PRTD and advised me to apply under family sponsor for obtaining PR.

If you were granted a PRTD then you remain a permanent resident of Canada. In that case you cannot be sponsored for permanent residence.

I think there's some confusion here. Note that if you DO get a PRTD, you should apply for a new PR card when you are in Canada - CPC-S will issue you a normal five year card in such a case.

 

[Leon]

That's right. In most cases when you have been granted a TD, you will be able to renew your PR card. However, from what you said, your PR card renewal was first rejected and then you left Canada and were granted a travel document to return so you should have tried to apply again on the grounds of having been given that travel document.

Also, your wife can not apply to sponsor you until you have officially lost your PR. Maybe I was not clear on that but if you leave Canada again, since you are still a PR, you would not be able to apply for sponsorship right away. You would have to apply for a travel document again when you want to return and the odds of getting it again would be less than the first time because immigration will see that they already gave you one and that you did not use your chance to stay in Canada and renew your PR card. If the travel document is denied when you apply the 2nd time, then you will finally lose your PR and your wife can sponsor you.