PR card/Travel document-minor

[neha22]

Hello,

I need expert advice on taking my child to Canada in absence of non-availability of his PR card.

My case follows as below:

1)Me ,my husband and minor child went to Canada in Dec 2007.
2)We stayed there for about 1.5 months. After 2 weeks ,My husband got job and worked for about 1 month and we all came back home country due to family reasons
3)Me and my husband got the PR card however my minor son got a letter from CIC asking to collect in person.
4)meanwhile came back home country and could not collect it in person and cic didn’t sent it by mail
5)Now we all want to go however our PR card is valid till nov 2012 but lack required no of days for meeting residency obligation.
6)If we apply travel document of child then the chances are that they will object due to non-meeting residency obligation
7)If we apply fresh PR card then again non-meeting residency obligation objection may come up.

Need advice what is the safest method since we had already gone many up and downs due to this and only priority is to take child along with us and later after 2 years we file for PR card as per 2/5 rules?

Thanks in advance to all the experts for are helping people like us.

 

[scylla]

As far as I can see your only option is the travel document.

You must be physically present in Canada to apply for a permanent resident card. So this isn't an option.

 

[Leon]

You say you went back due to family reasons. What were the family reasons? If you have humane and compassionate grounds for not being able to meet the residency requirements, you may be able to get a travel document for your son. Such grounds could be taking care of a seriously ill relative, for example your parents or your spouses parents. It must be proven with medical records.

If you do not have any humane and compassionate reasons for not meeting the requirements, it is most likely that the travel document for your son will be refused and he would lose his PR status. As a PR outside Canada who doesn't even meet the residency requirements, you have no chance to sponsor your son for PR again at this time.

If it were just the two of you, you could try to get to the US and try to enter at the land border with your still valid PR cards. The immigration officers could still report you on entry for not meeting the requirements in which case you still lose your PR but if they don't, you could enter Canada, stay for 2 years without leaving and then renew your PR cards and sponsor your son. This however means that you have to say goodbye to your son for more than 2 years. If you try to sponsor him earlier, you risk drawing attention to the fact that you do not meet the requirements yourselves and could lose your own PR. There is a person in this situation on this forum right now.

 

[neha22]

thanks a ton .



following is the sequence:

1)parents were sick and however they were undergoing treatment for different diseases but not hospitalised for most of the time?
2)should all the supporting need to send along with TD application form or we should wait for them to ask for?
3)If my husband goes alone Canada and then i apply for child TD, will that improve the chance?
3)what is appeal and where it is done?
4)in case they clear the TD of child ,can we all allowed to travel together with no reporting at Canada boarder?


We are were disappointed and cannot stay at canada without minor child at any cost .


or any other relevent suggestion since we are were disappointed

 

[Leon]

If you have doctors reports stating that the parents were ill, maybe it is enough.

You should provide all your documents with the application for the travel document. If they want more documents, they will ask.

If your husband goes alone to Canada, if he gets in without being reported, he is still in the situation that he did not meet the residency requirements. I do not know if it would increase the chances of getting the TD for your child. Maybe if your husband already has a job in Canada by that time, it might help but if you get denied, he will have spend money to go to Canada, time to find a job and he will have had costs for rent.

Appeal is if they refuse you a travel document, you can appeal to ask them to look at it again or when you enter without meeting the residency requirements and they report you, you can appeal for them not to revoke your PR. There is however now guarantee that you will win an appeal, just that it will be looked into again.

If you do get the travel document for the child, it means that the embassy accepted that you had a good reason not to meet the requirements so you can say so at the border without a worry.

 

[neha22]

If it were just the two of you, you could try to get to the US and try to enter at the land border with your still valid PR cards. The immigration officers could still report you on entry for not meeting the requirements in which case you still lose your PR

How can he travel tavel through US boarder?what sort of visa or formalities required for transiting and if he travel by private taxi from there to canada how he will get his passport stamped?

thanks in advance

 

[Leon]

How can he travel tavel through US boarder?what sort of visa or formalities required for transiting and if he travel by private taxi from there to canada how he will get his passport stamped?

Traveling through the US is considered an easier way to get in for people who do not meet the residency requirements, have no mitigating circumstances and whose PR cards have expired. If somebody wants to do that, they need a visa to the US, rent a car and drive to Canada.

However, he still has a valid PR card and he does have mitigating circumstances so he could fly to Canada and when they ask where he was since 2007, he says taking care of sick parents back home and will prove it when he applies to renew his PR. They will most likely say ok and let him in. If he gets in without being reported, he can go about his daily life, get a job, get a drivers license etc. However, he should not apply to renew his PR card unless he is certain that they will accept his mitigating circumstances of parents being sick. He might need an immigration lawyer to advise him on that. Reason being that if he applies early, they will look into his care thoroughly and the application will take forever. It is often just better to wait for 2 years and then apply because then he meets the requirements again.

The big question here is if you have solid H&C grounds for staying outside Canada. If you really do, you can apply for the travel document for your son without a worry. It would be approved and you all go to Canada together. If you are not sure that you had good grounds, then applying for the travel document can cause the loss of your son's PR. However, your son's PR is not really much good for him if he can't get a PR card or a travel document so maybe it is not a big loss.

 

[xcell]

any idea what is the validity of travel document - 6 months / 1 year or is it something else.

xcell