PR card about to expire, travel document applied for child-urgent help/advice

[marry99]

Dear Leon,

I had been following you since last year and got very helpful information. Me ,my wife and my child migrated on permanent PR in 2007 and had to return India after 45 days due to family issues in india.

Me and my wife got the PR card however my child got a notification for collection of PR card in person due to unclear picture /photo graph issues received after we came back India .Now we have booked the tickets with PR cards to expire in another 7 months and applied for travel document for my child.

Initially they asked for the passport of child which we sent and now they have sent letter asking for the passports of both of us.

i have truthfully filled the travel document with H&C grounds that child travelled with parents since minor and also calculated all these days of his stay in india as stayed with PR mother in India (without any Canadian employer job in India)

Now they are asking for the passport of both of us for assessing the case (Pls note we plan to settle permanently this time with no come for another 3 years as suggested by you in many forums)

My questions are :
1) How should we proceed so that there is no confusion and success chances are maximum for TC and at canada border?
2) in case they call us for personal meeting or ask to explain the reason for absence and ask how we shall meet our residency obligation with only 7 months in hand?
3) What are chance that child TC shall be issues without further questioning?


your urgent help required please

 

[Leon]

You and your child are unable to meet the residency requirements, no question about that but it is possible that you would be able to keep your PR if you have mitigating circumstances, for example taking care of a sick relative and being able to prove this.

If you all had PR cards, it would be easy to try your luck at the border and if you get in, stay for 2 years until you meet the residency requirements again but by applying for a travel document for the child, you have opened up an investigation on if your child meets the residency requirements.

They may take the opportunity to investigate if you meet the residency requirements at the same time. If your child were 18-20 years old today, applying for a travel document stating that they never wanted to leave Canada and that they were removed by a parent and want to return now, they would have a pretty good chance of getting it. However, as this is not the case, I do not know what will happen. If they investigate your and your wife at the same time because you applied for a TD for your child, you could lose your PR unless you can prove some humane & compassionate reasons for why you could not meet the requirements.

If that happens, your child will have another chance when they reach the age of 18.

 

[marry99]

Re:urgent: travel document applied for child

thank you so much leon for your reply.

That time they have sent letter stating that your child PR card has to be collected in person from their local canada office within stapulated time period.since we came back and got the letter late so we could not collect it in person .

Is there any way i can get the PR card by representation or if i go alone and request them with documentry evidence?

It will also help to prove that since father is already in Canada so there is no point in stopping child TD without going in residency requirements by local office?

 

[Leon]

Re:urgent: travel document applied for child

thank you so much leon for your reply.

That time they have sent letter stating that your child PR card has to be collected in person from their local canada office within stapulated time period.since we came back and got the letter late so we could not collect it in person .

Is there any way i can get the PR card by representation or if i go alone and request them with documentry evidence?

It will also help to prove that since father is already in Canada so there is no point in stopping child TD without going in residency requirements by local office?

I know if you are an adult, you can not send someone else to pick up your PR card but as a parent, it is possible that they allow you to pick it up for the child. If you have the passport of the child for example. After picking it up if you are successful, you can mail or courier the passport and PR card back to the child.

 

[marry99]

Will they consider representation from friends (other than parents) on the prescribed form along with original passport ?

Is there any way we can apply for new PR card of child instead of TD?

Thirdly if I pick up job then can we reapply for TD of child in India along with residency /employer details, will that help to easily sail?

 

[Leon]

Will they consider representation from friends (other than parents) on the prescribed form along with original passport ?

I much doubt it

Is there any way we can apply for new PR card of child instead of TD?

You have already applied for the TD so I think you have to wait it out and see what happens

Thirdly if I pick up job then can we reapply for TD of child in India along with residency /employer details, will that help to easily sail?

Thirdly you also don't meet the residency requirements so I don't know if it would help.

 

[marry99]

Dear Leon,

since we have limited options,Please suggest best out of these fours options:-

1)i am in canada whereas wife and child is in india such that my wife request that since husband is already in Canada so they need to join in intrest of child?

2)we don't send the details against the current TD and let this file should close and we apply new TD once i am in canada to score the point of best intrest of child?

3)We both travel to canada and they request the embassy that since we both are in canada and minor child need to join fast there for early TD issueance?

4)applying for emergency visa since both the parents are travelling next weeka and child will be alone in india?

 

[Leon]

1)i am in canada whereas wife and child is in india such that my wife request that since husband is already in Canada so they need to join in intrest of child?

2)we don't send the details against the current TD and let this file should close and we apply new TD once i am in canada to score the point of best intrest of child?

3)We both travel to canada and they request the embassy that since we both are in canada and minor child need to join fast there for early TD issueance?

4)applying for emergency visa since both the parents are travelling next weeka and child will be alone in india?

If you want to try to force them, they can also say, because neither of the parents meets the residency requirements, you can all stay together in India. I think if you don't want to risk your PR in the least, you should withdraw the request for travel document for the child or not give them any further information and hope they do not take any further action towards your own PR. Then either you (or your spouse) go to Canada while your PR is still valid and do not leave for 2 years. Then you can apply to renew your PR card because you will meet the residency requirements again. However, this means you are stuck in Canada and your spouse and child in India for 2 years. After you renew your PR card, you can however sponsor them for new PR's again.

 

[marry99]

Dear Leon,

One more fact i have a letter from the CIC stating that please come in person along with child to collect the ready PR card

Will this letter help if we directly show to boarder officer in place of PR card along with other proofs like Passport,SIN ,proof of landing etc?

 

[Leon]

Dear Leon,

One more fact i have a letter from the CIC stating that please come in person along with child to collect the ready PR card

Will this letter help if we directly show to boarder officer in place of PR card along with other proofs like Passport,SIN ,proof of landing etc?

I am not sure I completely understand how this letter came about. You say that you left after 45 days in 2007 and your child never got the PR card so that is why you applied for a travel document.

When did you apply for the PR card for the child? When did you get the letter? If the letter is more than 6 months old, the PR card can not be picked up any more because they send them back to headquarters if you don't pick it up.

 

[marry99]

Yes ,You are 100% true leon.The letter came after we left canada and by now they must have sent the PR card to HQRS.

what is the best way to collected it now on behalf on minor? Will they give prior appointment to collect if parents call?

 

[Leon]

Yes ,You are 100% true leon.The letter came after we left canada and by now they must have sent the PR card to HQRS.

what is the best way to collected it now on behalf on minor? Will they give prior appointment to collect if parents call?

I think they destroy the PR card if it is sent back to headquarters but in any case, once it is sent back, you can no longer just go and pick it up. It is gone and you must apply for a new one. When you apply for a new one, it becomes apparent that your child doesn't meet the residency requirements, exactly the same as the travel document you already applied for.

 

[marry99]

Will they allow entry with valid PR however residency obligation not meet(stayed 1.5 months in canada and did job there .However due to personal reasons has to leave canada that time and now about 6 month to go for PR card expiryHow .


what is the best prodecure of reentry in canada with minimum hurdles or questioning?

Regards,

 

[Leon]

Yes, they will allow you to enter with a valid PR card, however, if they know you did not meet the residency requirements, they can report you for not meeting them which means you can still enter but you must appeal or you can lose your PR.

 

[marry99]

Dear Leon,

Please help.It is not possible for me to go along leaving my family back india.We all need to be there as i cann't leave child and mother in india alone as there is nobody to take their care in my absence.

Request for some other solution

Best Regards