Problem with not meeting the residency obligation for travel document

[aleksandarm]

I landed in Canada on September 1999 where i enrolled into elementary education and later on high school. Upon landing i was 12 and my father sponsored me for my permanent residency. Unfortunately i was forced to move back in 2005 to my home country due to my mothers illness.Later turn of events such as my grandmothers illness and my fathers illness in Canada forced me to stay abroad until now. I had to attend court hearings for his inheritance issues here and I had to take care of my grandmother since i signed a agreement to provide life for her in 2006 (in return i received all her inheritance). My father lost his battle to cancer in 2008 leaving my younger brother and my step mother. He was also a Canadian citizen.

Since i never had a PR card (i was getting ready to apply for a Canadian Citizenship) i had a travel document issued in 2008 on h and c grounds since i did not meet the residency obligations. Now i am getting ready to apply again and i am skeptical about retaining my pr status/ travel document since my last visit in Canada day in Canada was in 2005. I must note that between 1999 and 2005 I never left Canada. I have all medical exams,court papers,contracts translated to English and sealed in Municipal Court in my country hopefully proving I was forced to stay here and it was not my intention to stay abroad for 7 years rather it was a complicated turn of events. I have my Canadian drivers licence,T4 slips from 2005, deceleration from elementary and high school that i was attending from 1999 to 2005, my SIN, invitation in letter form from a Canadian businesses guaranteeing me a full time job if i should receive my pr status/travel document,up to date medical exams and current bank statements with 30 000 cad available hopefully showing my will to never come back and continue in Canada where i started.

Can i make a case and will the embassy even consider humanitarian and compassionate grounds even after 7 years outside of Canada?

 

[scylla]

You should certainly try. There's always a chance it might be approved.

You'll need to explain why you didn't use the H&C travel document you were issued in 2008 and come to Canada to meet PR residency obligations. I see this as your biggest problem because you were already given a chance to set things right and didn't. CIC wants to see proof that you do in fact plan to reestablish yourself in Canada. Your failure to do so in 2008 will make it more challenging for you to argue your case now.

Good luck - hope it works out for you.

 

[aleksandarm]

I thought so myself too. The main reason for me not using my travel document in 2008 was that my father passed away that year after i obtaind the travel document and since my step mother and younger brother got left with unpaid medical bills and insurance bills i had to insure their financial status by selling his(my fathers) inheritance over here. I have all those court papers and contracts like i said in the beginning post but i do realize it will be difficult to prove that. Hopefully they will take into consideration all the factors including the fact that i have quite amount of assets which im bringing back to Canada as well as a job waiting.

Thank you for your answer

 

[us2yow]

One would hope that for all the good you have done, there is payback from the universe. I am sure it will ultimately go through. Good luck !

 

[aleksandarm]

Thank you very much. I hope so too and i hope they will consider all the facts because i really have nothing to hide. My biggest concern is time spent outside of Canada and not using my travel document in 2008. throughout my stay abroad i maintained close ties with my family in Canada as well as my high school friends who are all willing to help me now. I guess ill just have to wait and see what their decision will be and go from there.

 

[aleksandarm]

I might have an answer to clearing my residency obligation. I worked for a Canadian based company but i received the job from abroad in 2008. I am currently still employed at that company and the head office is ready to help me but they aren't sure if Canadian Immigration excepts their letter of confirmation. Also they are not sure what other evidence can be used to prove my employment because i wasn't obligated to pay Canadian taxes since i was employed from outside of Canada (i don t have T4 slips).

So if anyone can give me some lead on this matter from personal experience or from practice please let me know. I am getting paper work together and this i feel will benefit me the most.

 

[scylla]

The work you did for the Canadian company will not be counted towards residency. In order to count, you should have been hired in Canada for a job in Canada and then transferred out of the country at a later date.

I think your strongest argument for H&C is your family situation.

Good luck.

 

[aleksandarm]

Thank You.

What about investment in a Canadian business? I have 2 legitimate Canadian based firms in which i can invest one being my step-mothers hair saloon and other medium sized company. Only issue i see here is low amount of assets i m capable of investing which range between 15 000 cad and 30 000 cad.

I m not sure if that can help me or not, maybe just to tell them of my financial situation. Any thoughts ?

 

[scylla]

Thank You.

What about investment in a Canadian business? I have 2 legitimate Canadian based firms in which i can invest one being my step-mothers hair saloon and other medium sized company. Only issue i see here is low amount of assets i m capable of investing which range between 15 000 cad and 30 000 cad.

I m not sure if that can help me or not, maybe just to tell them of my financial situation. Any thoughts ?

This won't help you meet residency requirements.

However it could help for H&C as a means of demonstrating that you have made investments in Canada and plan to have a future there. Yes - your investment is low. But certainly worth mentioning.

 

[aleksandarm]

I have a question concerning the 5 year period. In the actual application form it clearly states the following (under the activities and employment, residency obligation) "list all periods you spent in Canada in the past 5 years.If you became a permanent resident less the 5 years ago list time you spent in Canada from the time you became a permanent resident."

Should I, given the reasonable doubt, state my activities from 1999 to 2005 in Canada such as my employment and education. I realize that will not effect my residency obligation in terms of days spent in Canada for the last 5 years.

I was accompanying 3 Canadian citizens (my father, my brother and my step mother) in the past 5 years but that time adds up to be around 20 days (i have solid proof). Should I include that although the time is very little?

Option B is to leave all those blank since my time spent in Canada for the past 7 years is 0 and concentrate on providing strong evidence of the actual situation in the past 7 years, with hopes they will approve the travel document.

And lastly CAN I APPEAL FROM ABROAD IF THEY REJECT MY APPLICATION BASED ON H&C GROUNDS?

 

[scylla]

I have a question concerning the 5 year period. In the actual application form it clearly states the following (under the activities and employment, residency obligation) "list all periods you spent in Canada in the past 5 years.If you became a permanent resident less the 5 years ago list time you spent in Canada from the time you became a permanent resident."

Should I, given the reasonable doubt, state my activities from 1999 to 2005 in Canada such as my employment and education. I realize that will not effect my residency obligation in terms of days spent in Canada for the last 5 years.

Sorry - I'm not sure I understand your question. Per the instructions you listed, you should either:

1) List all periods you spent in Canada in the past 5 years.

OR

2) If you became a PR less than five years ago, list the time you spent in Canada AFTER you became a PR.

Either way, they are only asking for information as far back as five years and they aren't interested in your activities between 1999-2005.

Maybe I've misunderstood your question for this part?

 

[aleksandarm]

Ok so CIC does not it any case (except in H&C cases) take into consideration activities prior to the 5 years preceding the application? For ex. they might not consider that i finished elementary school and high school in Canada since that was between 2000 - 2005 ?

What about the appeal, thats the big one?

Thank You.

 

[L7]

Ok so CIC does not it any case (except in H&C cases) take into consideration activities prior to the 5 years preceding the application? For ex. they might not consider that i finished elementary school and high school in Canada since that was between 2000 - 2005 ?

What about the appeal, thats the big one?

Thank You.

1. Although they ask activities from the last 5 years but you should mention from 1999 it will be a much +ve factor for you.

2. Do not emphasize on bring money to Canada, just mention it only once that how you will get settle upon return.

3. Of course not using TD in 2008 is your BIGGEST problem, get ready to cope it first and make rational argument to justify it and why you did not come back afterwards till today.

4. It is a +ve one to mention your ties to Canada i.e., relatives, friends, assets, emotional affiliation to Canada, etc.

5. State what hardship you will suffer in your home country if not granted TD.

6. If you have a job offer from Canada it will also be a good +ve factor.

7. If you are doing job or business in your home country it will be a BIG negative factor for you and in this case you may be denied for TD.

8. YES you have right of appeal if you denied TD but you will have to wait for about 1.5 year that you appeal will be listened.

Good Luck.