Problems to get a travel document.

[Romanataa]

Hi Leon,

Sorry for my English!!!!

Could you help me, because I do not know what to do.

I become permanent resident on January 18, 2008. Since that I stayed all the time in Canada except 81 days. I traveled to Cuba and Dominican Republic, also I visited my parents.
On January 28, 2013 my PR Card has expired and I forgot to renew it. In mat 2013 I bought a ticket to Kazakhstan to visit my parents and realized that my PR Card has expired. I called to CIC office and they said that I can leave Canada with expired card and apply for a travel document in Kazakhstan. Also, they told me to apply for a new card before I departure to KZ. I did everything, applied for a new card and applied for a travel document.
On September 16 I got a letter that I have not complied with the residency obligation provisions with respect to a five-year period.
I just do not understand why!!! I was outside of Canada only for 81 days. I provided documents: passport with stamps, that I paid taxes, unofficial transcript from university, driver licence.
Now I have to appeal and it takes time, but I have everything there, job, husband who is Canadian citizen, I skeeped summers and falls semesters at university.

Could you tell what to do in my situation, please?

 

[Msafiri]

1. Where did the letter come from? CIC Sidney? Does it have all your correct details including Client Number?

2. Do you have a copy of the PR Card renewal form that you submitted? Is there an error you made?

3. You must appeal this immediately to preserve your PR Status.

4. Do you have or can you easily get a US Visa?

 

[Leon]

You are already appealing this so you will have to wait for the appeal. The first refusal must be a mistake.

If your husband is in Canada, he can go talk to his member of parliament to push your case.

 

[Romanataa]

1. Where did the letter come from? CIC Sidney? Does it have all your correct details including Client Number?

2. Do you have a copy of the PR Card renewal form that you submitted? Is there an error you made?

3. You must appeal this immediately to preserve your PR Status.

4. Do you have or can you easily get a US Visa?

Thank you so much!!!!!

1. This letter came from Moscow. I am from Kazakhstan and I have to apply to Embassy in Moscow. I have 4 sheets 1. Notice of appeal 2. Important instructions residency obligation appeal 3. Explanation that he decided I have not complied with the residency obligation for at least 730 days in the five-year period. 3. Explanation of subsection 63(4) and that section 31(3)(c) applies to me. The last 2 contains only my file number and my last name.

2. I do not have any copy. I haven't seen it. My husband only has a letter that I had an appointment in May to get a new card.

3. My husband is going to lawyer today to do this job.

4. I do not have US visa and I do not think that I can get it easily, but I will go and check it.

 

[Romanataa]

You are already appealing this so you will have to wait for the appeal. The first refusal must be a mistake.

If your husband is in Canada, he can go talk to his member of parliament to push your case.

Thank you for your help!

My husband in Canada, Edmonton now.
What do you mean "his member of parliament"?

He was in Canada Place tomorrow, I think it was immigration section or so, and he couldn't talked to any officer in person. He was allowed to call and explain the situation, so he was told to try to make an appointment by fax, but they don't know will it work or not. Of course, they said they can't help him.

 

[Leon]

Thank you for your help!

My husband in Canada, Edmonton now.
What do you mean "his member of parliament"?

He was in Canada Place tomorrow, I think it was immigration section or so, and he couldn't talked to any officer in person. He was allowed to call and explain the situation, so he was told to try to make an appointment by fax, but they don't know will it work or not. Of course, they said they can't help him.

You can find your member of parliament here: http://www.parl.gc.ca/Parlinfo/Compilations/HouseofCommons/MemberByPostalCode.aspx?Menu=HOC using your postal code. Your member of parliament is your representative towards the government. They have the power to make inquiries into immigration decisions and sometimes, if they do that, it can get things moving for you.

 

[benk]

Hi Leon, Msafiri, and other experts:

I want to ask you the following questions regarding Romanataa's case above in order to understand what could have led to this gross mistake when the OP has undeniably stayed for more than 2 years to fulfill her residency obligations:

1. What do you think is meant by "in the five-year period" within this statement: "3. Explanation that he decided I have not complied with the residency obligation for at least 730 days in the five-year period"?

2. What do you think could have lead to this gross mistake if the OP claimed that she lived in Canada for way more than 2 years to satisfy her residency obligations?

To Romanataa:

1. So you applied to both Travel Document from outside Canada and a new PR card application from within Canada... So, who issued you again the letter stating that you didn't comply with the residency obligations even though you have provided them sufficient proof that you DID comply with the residency obligations -- is it the embassy outside Canada or is it the CIC office in Canada?

2. Were you the one who filled out the application for Travel Document form and the application for new PR card form? If so, I just want to re-iterate Msafiri's question above in order to understand what could have led to this -- Did you somehow made any error on any of the forms you submitted (for example, in your residency history, instead of putting the year 2010, you unintentionally and mistakenly put 2013 that could have led to your residency days be less than 730?

3. If I'm not mistaken, in the TD application form, they ask for the days you were in Canada while in the new PR card application form, they ask for the days you were away from Canada... Are you sure that you didn't get those mixed up? Is it possible that the embassy or CIC office mixed these days up?

4. Romanataa, what are your options now after you have appealed? So, are you currently out of Canada? Is there anyway you come back to Canada as soon as possible?

 

[benk]

As a follow up,

1. Romanataa, when did you apply for new PR card again? March or May 2013?

2. Can you provide the explanation the embassy provided you detailing why they think that you didn't fulfill your residency obligations in the five-year period? Which five-year preiod are they talking about?

3. Can you provide the Explanation of subsection 63(4) and section 31(3)(c) that applies to you? May be these subsections can shed light into your case...

Thanks.

 

[Romanataa]

Thanks Leon, I've already told that information to my husband!

 

[Romanataa]

As a follow up,

1. Romanataa, when did you apply for new PR card again? March or May 2013?

2. Can you provide the explanation the embassy provided you detailing why they think that you didn't fulfill your residency obligations in the five-year period? Which five-year preiod are they talking about?

3. Can you provide the Explanation of subsection 63(4) and section 31(3)(c) that applies to you? May be these subsections can shed light into your case...

Thanks.

1. I applied on April, but they received on May.

2,3 I can't post links. How can I attaché images?

 

[benk]

Hi Romanataa,

There is an "Insert Image" button above the smiley icons that would let you attach images to your post...

 

[Romanataa]

Hi Romanataa,

There is an "Insert Image" button above the smiley icons that would let you attach images to your post...

I was thinking about myself as a pretty quick-witted person. I was wrong.
I cannot understand how to do it. I tried all the codes (bb code too),but it tells me no links.

Can I email it to you?

 

[Romanataa]

Could you tell me how long it can take approximately?

 

[Romanataa]

One more question, what do you think do I need a lawyer? It costs too much, but I afraid to fail my appeal.

 

[benk]

Hi Romanataa,

If you access this website through a desktop and click 'Reply', you should be able to see a bunch of buttons at the top... The button on top of the 'wink' smiley face should be the "Insert Image" button which would allow you to insert an image to your post, I guess.

As for a lawyer and how long it would take, I have no idea...Maybe Leon, Msafiri, and other experts can help you...

By the way, do you have solid/fool-proof evidence of your at least 2 years stay in Canada? I guess you have since you mentioned in your original post that you have provided them with your passport stamps, unofficial transcripts, etc.

Did you take a look at your travel document application form or new PR card application form and see if you made some unintentional mistake?

What is baffling me is that if you were absent only for 81 days from Canada since you landed in Canada and therefore very much obvious that you fulfill your residency obligation, how come the embassy officer believed otherwise??? Even if the embassy officer tried to manually count the number of days of your residence in Canada, he/she shouldn't be making a huge mistake and shouldn't be concluding immediately that you did not fulfill the residency obligation...

Maybe there is something missing here... Just a thought though.