Problems to get a travel document.

[Msafiri]

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.

So you applied for a TD and this has been rejected. This refusal just doesn't make sense. You must have made an error in your declared presence days. Its not CIC's job to correct your dates for you but they likely would have seen a discrepancy with only 81 days of absence in a 5 year period. With these many days even the absences between leaving Canada and applying for TD are covered.

However 2 red flags in your posts:

1. You say you skipped 2 semesters of school each year raising a concern as to where you were at this time.

(i) So were you a part time student? Why do you not have official transcripts of any actual attendance - you can always print up anything on a home printer so visa post may have just ignored these.

(ii) What was the nature of your job that you submitted taxes for - full time/ part time/ self employment? What is the income range - just give a figure e.g more than 10K per year. Did you submit NOAs for the TD application or just pay stubs?

(iii) Do the stamps in your passport match the absence days you declared and have you got entry/exit stamps for each visit to Cuba, Kazakhstan and DR? How many passports did you submit? It may be several exit stamps are missing and when they are compared to your CBSA entries into Canada give a lengthy absence.

(iv) Also what does your ecas state in relation to the PR Card renewal?

2. You say you have not seen the PR Card application copy - this sounds like someone else submitted the application for you? Maybe they messed up your dates?

How many days did you declare and what is the 5 year period covered? What was your landing date? Is there a reason you have not applied for Citizenship given you easily meet the 1095 physical days required? Did you keep a copy of the TD form you submitted? Did you submit the same documents for both PR Card and TD renewal?

Reference to sec 63 (4) means you have a right of appeal against the visa post decision that you fail the residence obligation and sec 31 (3) c means you qualify for a TD to attend your appeal as you have been in Canada at least once in the 365 days prior to TD application. Your only option is to submit the appeal ASAP and certainly within 60 days so that you can be issued a TD return to Canada and resolve this in Canada. In the appeal include a cover letter and supporting documents as proof that the visa post has made an error. Something is seriously wrong somewhere.

 

[benk]

Hi Romanataa,

I agree with Msafiri, something is seriously wrong somewhere with regards to your case...

I think it would be helpful if you share the embassy officer's explanation as to why he/she thinks you didn't comply/fulfill the residency obligation... His/her statement can give us some idea why he/she thinks that way...

Nevertheless, you should appeal as soon as possible so you can come back to Canada and resolve this within Canada...

 

[Romanataa]

Msafiri,

1. I didn't skipped 2 semester. I said I skipped summer's and fall's semesters this 2013 year because I am stuck in KZ. I planned to take some courses in June-July 2013 and September-December 2013. Actually I had bought a course before I left Canada and I provided my schedule and receipt. Of course I cancelled it.

(i) 2011-2012 I was an ESL full time student.
2012-2013 I was a part time student.
I could provide official transcript, but did not think that unofficial transcript is not enough.

(ii) as a self employed, about 30k per year. I submitted Notice of assessments.

(iii) I have submited only one passport that I have.
My history:
-2008
1)2008 jun 18 I became a PR (first time i arrived in Canada)
2)2008 march 24 I went to Cuba (I do not have any stamp that I exite Canada and my husband doesn't have too, also we do not have any stamps fron Cuba).
2008 march 31 I arrived to Canada and I have an entry stamp.

-2009
nothing

-2010
nothing

-2011
1) 2011 march 10 I exite to DR (I have stamp from DR)
2011 march 17 I arrived to Canada (I have both Canada's and DR's stamps)
2) 2011 April 12 I exite to KZ (I have KZ stamp)
2011 may 03 I arrived to Canada (have both stamps KZ and CAN)

-2012
1) 2012 June 01 I exite to KZ (have KZ stamp)
2012 July 04 I came to CAN (have both stamps)
Also, I pointed that from June 01 to 15 I was with my husband who is Canadian citizen. I provided his status card, passport, and stamps.

-2013
1) 2013 may 22 I exite to KZ and I'm still there.
That's it!

(iv) do not understand you.

2. I don't mean that I haven't seen it at all. I just do not remember what I exactly wrote on those sheets.

I don't have copy of both applications, so I can't check the information I provided. For TD I submitted more documents than for PR Card +NOAs and unofficial transcript.
I haven't applied for Citizenship because I did not want to apply for a visa to KZ every year. I had only this reason!!!

It sounds ridiculous that if I make a mistake I can be considered to lose my status.

My husband went to lawyer and as I said it is very expensive for us, so I'm going to appeal myself.
Also, he contacted to member of parliament, and they are willing to hep us. Will see...

I just want to be back home than I can appeal, battle for 6 months and more...

benk,

I cannot contact the embassy officers they are untouchable!!! I have already sent tons of faxes since June. Of course I sent them about this mistake no answer. Nothing!

Msafiri, benk,
Could you explain me one more time.
section 31(3) means that I appeal now and within 60 days I will get a TD to Canada? So I come to Canada to proceed to work on my appeal?

Thank you so much!!!!!!!!!!

 

[Msafiri]

Msafiri,
...
(iii) I have submited only one passport that I have.
My history:
-2008
1)2008 jun 18 I became a PR (first time i arrived in Canada)
2)2008 march 24 I went to Cuba (I do not have any stamp that I exite Canada and my husband doesn't have too, also we do not have any stamps fron Cuba).
2008 march 31 I arrived to Canada and I have an entry stamp.
....

1. Before reviewing the days could you clarify your dates. If you first arrived in Canada on 18 June 2008 why do you say you entered Canada 31 March 2008? Also you say you had an exit from Canada on 24 March 2008 meaning there is an even earlier entry into Canada....do you mean you landed in 2007? Or is it in January 2008?

2. You must appeal within 60 days - in your appeal documents make it clear that you want to be issued a TD to attend the appeal hearing. Visa post may decide to issue TD only after appeal is lodged and 60 days timeline has passed. You will get a TD though.

 

[benk]

Romanataa,

Yes, you should definitely appeal and the embassy should give you a single-entry TD that will allow you to come to Canada and appeal here since you have been in Canada in the last 365 days...

Keep us posted on your progress...

 

[Romanataa]

I am so sorry, it was 4 a.m. when I was writhing my answer.
I landed on January 18 2008.

Our guy (a member of parliament) said to wait and do not appeal. He wants to get the answer from office in Moscow.

Thank you.

 

[benk]

Hi Romanataa,

If possible, can you provide us with a summary of why the embassy officer thinks that you didn't fulfill the residency obligation despite the fact that you provided them with documentary evidence of your residency in Canada? Thanks.

 

[on-hold]

Is it really possible to live in Canada for five years, with your excellent English, and not know what a member of parliament is? I certainly don't underestimate CIC's ability to screw up, but to me this would also be surprising.

I'm guessing that something like the following happened:

- you don't seem to have any work or study history from 2008, 2009, or 2010. I doubt that letters of assessment prove residency (I have one for 2012, when I spent most of the year abroad).

- in 2011 you went to DR with no stamp for leaving Canada -- perhaps this is why you didn't get credit for 2008, 2009, or 2010

- perhaps the transcript evidence that you submitted from 2011 and 2012 was patchwork, or you didn't pass during one semester, or the transcript shows that you're enrolled but doesn't show that you actually attended; from your travel history it seems that you didn't study for the full year in either year.

- in 2011 you have a stamp for Kazakhstan, but none for leaving Canada; this doesn't show prior residence in Canada. The same thing happens in 2012 -- your first stamp of 2012 is a Kazakh stamp, not demonstrating that you've been in CAnada up to that point. This may not be your fault, I have no idea what border procedure is -- but they do record comings and goings even when passports aren't stamped, so you can get the evidence that shows you were in Canada at this point. Flight stubs would also do it. I don't know how widely this information is shared, or if the person who processed your TD request would have checked it.

- do you have an exit stamp from Canada in 2013?

- It's also possible that CIC thinks that you have a second passport and have been travelling out of the country on that, to avoid losing PR status. Is it common for Kazakhs to have Russian passports, and do you have a way of proving that you don't have one of these, or from another country?

I agree completely that this is a strange case -- from other posts on this forum, CIC seems fairly relaxed about people who violate the two year requirement, so I'd guess that your chance of winning your appeal is quite high, based on the residence information you give. If you can provide clear-cut evidence of residency beyond your transcripts -- medical history, or something -- it would probably settle things quickly.

 

[Romanataa]

1.

2.

I have these and 2 more for appeal.

 

[benk]

Romanataa,

Nothing is showing up in your last post...

 

[Romanataa]

Romanataa,

Nothing is showing up in your last post...

OMG I can see 4 images. I'll try to do smth else.

 

[Romanataa]

on-hold,
Believe me, it is possible could you tell me why I need to know who is a member of parliament if I do not have any problems and not interested in politics and stuff like this. I just lived my own life without social activities.

To clarify the situation...
I didn't want to move to Canada. I just followed my husband, because he didn't want to loose his status in Canada. (He moved first in 2003, than returned to KZ). So I had a really deep depression for 2,5 years. I was attending LINC classes but it wasn't on a regular basis.
In September 2010 I met a woman, who was my English teacher, she pushed me to study. Therefore, in fall 2011 I started ESL Classes and in fall 2012 I registered for a part time program.

2011 I have stamps.

I have travelled 5 times and I don't have any exit stamps from Canada only entry stamps.

You are saying that they could think that I have a second passport. That's sounds funny!!!! Kazakhstan does not allow to have any other passports. If someone has a second passport it's illegal!!!

I've checked required application for TD, so if I apply for TD I don't have to provide any documents to prove that I was 730 days in Canada. This information says my passport. I was under misapprehension
Logically, if I apply for TD it means I'm abroad. If I'm abroad I can't get lots of documents to prove my residency in Canada.

I have a very rich medical record, thank you for that thought. Hope, my husband is able to get anything.

 

[Romanataa]

Romanataa,

Nothing is showing up in your last post...

Now?

 

[benk]

Still nothing Romanataa...

Anyways, can you just provide (by typing, if possible) the summary of why embassy officer thinks that you didn't fulfill residency obligations? Maybe his/her statement might give us clue on how he/she ended up with that decision....Thanks

 

[Romanataa]

I'll try.....

This lette refers to the determination of your status as a PR of CAN.

After careful ant thorough consideration of all aspects of your application and of the supporting info. Provide, I have determined that you haven't complied with the requirements of the residency obligation under section 28 of the I and R Protection Act.

Than he/she tells about the act:
(a) a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are
(i) physically present in Canada,
(ii) outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent,
(iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province,
(iv) is in accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province.

For the purpose of determinating whether you have met the residency obligation, I have examined the five-year period immediately before may 30, 2013. I have also examined all of the documentation that you have provided in support of your application for a TD. I have concluded that you have not complied with the residency obligation for at least 730 days in the five year period immediately before may 30, 2013. I have exercised my discretion in reviewing the humanitarian and compassionate consideration connected to your personal circumstances that you presented with your application.