Problems to get a travel document.

[Msafiri]

Hi everyone.

Last week I got a letter from CIC Edmonton. It says that Ministers counsel is satisfied that I wasn't absent from Canada for more than 730 days. The end of my story is coming

Thank you very much for your help.

Congratulations...have you got your language evidence ready so you can file for citizenship immediately you get a formal letter from the IAD confirming you are still a PR? Watch this forum carefully Citizenship section on Bill C-24...it may be worth submitting soon with the letter you have which is de facto proof that CIC messed this up badly.

PRs (non visit visa exempt/not holding US visa) in a hurry to leave Canada without their PR Card beware!!

 

[Romanataa]

Hobbes, thank you. I'm glad I could help you to make a good decision. Having a Canadian citizenship isn't a bad idea

Msafiri, thank you. I've got a formal letter from IAD last week. I'm still officially a PR
I'm going to apply soon. I need to get an official transcript from the university because I have finished 3 more courses this year. It will take about a week or more.
Msafiri, all these months that I was in Kazakhstan....does this time count as the time spent outside of Canada?

 

[Msafiri]

1. That's great news from the IAD. Best to scan the IAD decision letter so you have a permanent record of it.

2. Your time in KZ will count as absence for citizenship purposes so needs to be made up. The stricter residence requirements in Bill C-24 which is already law will as per CIC press release be implemented in July 2015. So for now you still qualify with 1095 days of physical presence. Proceed to the citizenship residence calculator on CIC website - what date do you become eligible to apply?

3. Once you are eligible you can request 'urgent' processing based on having to wait for an extra x months to reach 1095 days with x being the delay in KZ due to the visa post incorrectly denying your PRTD application. Its a good idea to do this since Edmonton is one of the slowest Local Offices in processing citizenship applications!

 

[Romanataa]

Msafiri,

I counted days....I have 1158, so I'm good with 1095 days.

To prove my language ability I have a certificate from university that I finished NESL level V issued on April 20, 2012. Also, I have finished 8 continuing education courses and I'm working on the 9-th. As I understood, it's more than enough. I just have to wait my official transcript.

Msafiri, #3 could you explain me this. Why my situation can be urgent? If I'm not mistaken I have to write a letter about it. I can't say that they made a mistake because in the letter from CIC they say Moscow made a right decision, so I can't say anything against this.

Thank you!!!

 

[Hamid301]

Hi Leon,

We, a family of three (father, mother, and a 13 years kid) have been permanent residents of Canada since 2010-08-14. We have had limitations for staying in Canada for the last 5 years. I, as the father of the family, holding an M.D. started a PhD course in the original country on Feb 2011 and the mother who is also a medical doctor was studying anesthesiology specialty outside Canada which finished about two years ago. We had a plan to start our permanent staying in Canada since then to be able to renew our PR cards on due date (the expiry date is 3rd of September, 2015); however, meanwhile I was diagnosed with low rectal cancer around 2 years ago (two major surgery, radiotherapy, chemotherapy, and disease free for 1 year) and I am under follow-up in the original country at present. my chemotherapist will allow me to travel by September 2015, just before our PR cards expiry dates. I am in relatively good health condition right now. My questions are 1) May we enter and stay in the Canada with our PR cards near expiry dates? 2) can we apply for renewing the PR cards regarding our excuses for being out of Canada and being unable to meet the RO (we just landed and stayed for 6 months in Canada)? 3)If not can I apply for Travel Document because I need to follow-up my disease at least for the next two years under supervision of my doctor each 6 month (4 short travel for about 1 week outside Canada in total).

 

[Leon]

Hi Leon,

We, a family of three (father, mother, and a 13 years kid) have been permanent residents of Canada since 2010-08-14. We have had limitations for staying in Canada for the last 5 years. I, as the father of the family, holding an M.D. started a PhD course in the original country on Feb 2011 and the mother who is also a medical doctor was studying anesthesiology specialty outside Canada which finished about two years ago. We had a plan to start our permanent staying in Canada since then to be able to renew our PR cards on due date (the expiry date is 3rd of September, 2015); however, meanwhile I was diagnosed with low rectal cancer around 2 years ago (two major surgery, radiotherapy, chemotherapy, and disease free for 1 year) and I am under follow-up in the original country at present. my chemotherapist will allow me to travel by September 2015, just before our PR cards expiry dates. I am at relatively good health condition right now. My questions are 1) May we enter and stay in the Canada with our PR cards near expiry dates? 2) can we apply for renewing the PR cards regarding our excuses for being out of Canada and being unable to met OR (we just landed and stayed for 6 months in Canada)? 3)If not can I apply for Travel Document because I need to follow-up my disease at least for the next two years under supervision of my doctor each 6 month (4 short travel for about 1 week outside Canada in total).

1) you can certainly enter but the immigration officers will decide if they will report you for not meeting the RO (residency obligation).

2) If you are allowed to enter without getting reported, you should not leave or attempt to renew your PR cards until you have stayed for 2 years straight. If you do get reported, you can appeal based on your reasons for not being able to meet the RO. In that case, you keep your PR during your appeal processing which can take 1-2 years. During that time, you may renew your PR card for one year at a time and with that PR card, you would be able to travel. If immigration does not accept your reasons for not meeting the RO, you could lose your application, lose your PR and be asked to leave.

3) As said, if you get in without getting reported, you should not leave Canada again. You can not apply for a travel document beforehand and if you leave and apply from outside, there is no guarantee that you will get one. It would be better to continue your care in Canada. I am sure you can get your medical records translated and find a specialist in Canada who knows what they are doing.

It is possible that immigration will accept your illness as a reason for not meeting the RO. However, they could also say that you had 3 years before you were diagnosed where you could have met the RO but you and your wife had chosen to study outside Canada instead.

 

[Hamid301]

Thank you very much indeed for your valuable advice