Problems to get a travel document.

[benk]

Romanataa,

It looks to me that the statement by the officer is rather a generic/standard one.

As for the advise by the member of parliament to do not appeal yet, just be aware Romanataa that you have certain days from the date of the decision to appeal.... so do what you need to do...

 

[Romanataa]

Romanataa,

It looks to me that the statement by the officer is rather a generic/standard one.

As for the advise by the member of parliament to do not appeal yet, just be aware Romanataa that you have certain days from the date of the decision to appeal.... so do what you need to do...

You are right. It is absolutely standard.
What certain days are you talking about? 60? Or when I get the decision of appeal I will have to move to Canada quickly? If so, that's not a problem. I am ready to move right now!!!

 

[benk]

Yes, I mean you have 60 days from the date of the decision to file your appeal...You should get a TD to come back to Canada after you file for your appeal...Keep us posted on your case okay?

 

[Romanataa]

Yes, I mean you have 60 days from the date of the decision to file your appeal...You should get a TD to come back to Canada after you file for your appeal...Keep us posted on your case okay?

Of course I will!!!

Thank you!

 

[on-hold]

Fair enough -- since Kazakhstan was left with a substantial population of Russian nationals, I thought that dual citizenship might be common there. It sounds like the opposite is true . . . I think that your medical records might be the best way to prove that you have an extensive residence in Canada, see if you can access them. I'm sure that every time you use your health card it goes into a provincial database.

However, it also sounds like you have weak social ties to Canada -- if everything where you lived was in your husband's name, you didn't study or work for several years, and didn't participate enough to learn about the form of government or how society is organized, you'll need some sort of formal proof, in the form of record of border crossings, medical services, stuff like that. Do you have any bank accounts that are in your name only?

And have you submitted your appeal yet, or are you gathering evidence?

 

[Romanataa]

on-hold, thank you for your help.

If it is possible to get my medical history it would be great. Since 2009 I I've had 3 surgery..first February-march 2009, second fall (don't remember the month) 2009, third December 2010 and of course I had several appointments with my family doctor and a "special" doctor during this period. Also, July-August 2011 I worked at the summer camp and January 2012 I started to work at Russian school as a teacher. Not bad. Unfortunately my bank account I share with my husband.

I haven't appealed yet, because I'm waiting for some information from our member of parliament. What do you think would be better to send the appeal by myself from KZ or my husband can do it from Canada. Not sure if its important...

Do I need to attach my proving documents to my appeal? I was thinking that I have to send only notice of appeal and the decision (with copies).

 

[Romanataa]

Could you give me any source where I can find information what I have to do next, please?

Thank you!

 

[Msafiri]

1. I calculated your days and even if I disregard the around 60 day period from landing that has moved out of the 5 Year residency review period for TD application, another 10 days since your last departure from Canada to KZ and TD application as well as vacation absence days you have a minimal shortfall of around 90 days in the 5 year period. This makes the TD refusal even more puzzling .

2. It seems the period from when you returned from Cuba to your first exit to DR has been disregarded by CIC. Its as if you were not in Canada in 2009, 2010, 2011 despite the entry stamp upon return from Cuba in March 2008. Do you recall why you never got any entry/ext stamps for the Cuban trip? On this basis I get a shortfall of about 10 days on the Residence Obligation which makes the visa post decision correct on a point of law though I'd have expected the days you were with your spouse abroad to bring you to the 730 day mark or just over. In this case I'd have expected an interview or a request for evidence of accompanying your spouse.

3. The visa post has seriously messed this up unless there is some info they have that you don't. The visa post may be automatically cross referencing CBSA entries with declared TD dates and the return trip from Cuba was not recorded by CBSA. I suggest you apply for your CBSA entry records via the Access to Information (ATIP) process detailed on the CIC website.

4. Sure the MP following up your case is helpful but you must appeal this immediately so a TD can be issued. You have to deal with this in Canada. Letting your appeal period expire while waiting on the goodwill of an MP is very bad idea...the MP won't be affected by your loss of PR...what happens if the MP quits politics tomorrow? The legislation will be around long after the MP has gone/ shelved this etc. I suggest courier documents to the IAD. Sending via your spouse uses up a few more days of the timeline to submit the appeal but if it includes more info on your presence in Canada sure but getting the appeal in on time is the key thing. It will be useful to also apply for your personal claims history from the health ministry of your province e.g. OHIP if you are from Ontario. This will have a record of your billed visits to the relevant medical professionals. On the premise that you are the person being treated then this is accepted as proof of physical presence in Canada.

5. Once this is resolved apply for Canadian Citizenship - I'd include correspondence on this TD incident in the Citizenship application with the positive outcome at appeal to get CIC to expedite your application. The benefits of Citizenship to include use of a Canadian passport for international travel far outweigh the hassle of applying for a KZ visa.

 

[Romanataa]

Msafiri,

Thank you for your calculations and help.

MP said that Canadian Officer was not satisfied with the prove I provided. It sounds ridiculous to me. it's terrible that I have to be far away from my family and be considered to lose the status because one person decided that. I don't know! I can't even explain my filings. KZ is my home of course but my life in Edmonton now. If this is a rule, that they have the right to make such a big changes in people's life's, this rule has to be removed! Yeah, just a dream. I'm going to write a letter to Minister of CIC even though it will not help.

Experts, could you help me with the next step.
Do I need to include the evidence of my presence of the last 365 days in Canada with my appeal or it is the next step?

 

[Romanataa]

What do you think drivers licence issued on November 14, 2012 would be enough to prove my presence in Canada during the past 365 days?

 

[steaky]

What do you think drivers licence issued on November 14, 2012 would be enough to prove my presence in Canada during the past 365 days?

No. It's better to get a no claims letter from the insurance company of your vehicle for this period.

 

[on-hold]

Even better would be a letter with claims on it -- they would prove that you were in Alberta and having accidents. Honestly, things like driving licenses, insurance, etc. are static -- they can be gotten and maintained without being in Canada. Working, studying, and using services are the standards. If you haven't seen a doctor or a dentist in the past two years, and you haven't worked, and you can't demonstrate consistent school attendance, how about using social services? Do you have a file with the provincial government for training subsidies, use of social services? Since you got a driving license a year ago, you obviously had some local ID that proved your residency -- does that show a consistent presence in Canada?

 

[Msafiri]

What do you think drivers licence issued on November 14, 2012 would be enough to prove my presence in Canada during the past 365 days?

Yes it proves only that you were in Canada on one day to apply for the licence not necessarily that you maintained residence thereafter. As others have said the best proof is that of active presence not passive presence. This means a type of activity that requires your physical presence in Canada such as going to the doctor.

Msafiri,

Thank you for your calculations and help.

MP said that Canadian Officer was not satisfied with the prove I provided. It sounds ridiculous to me. it's terrible that I have to be far away from my family and be considered to lose the status because one person decided that. I don't know! I can't even explain my filings. KZ is my home of course but my life in Edmonton now. If this is a rule, that they have the right to make such a big changes in people's life's, this rule has to be removed! Yeah, just a dream. I'm going to write a letter to Minister of CIC even though it will not help.

Experts, could you help me with the next step.
Do I need to include the evidence of my presence of the last 365 days in Canada with my appeal or it is the next step?

The appeal won't be listed for at least 12 months in my opinion because of IRB resource constraints in Edmonton and the geographical area this office covers. You can submit any documents you believe prove your presence in Canada but you need to watch the clock to 60 days..the faster you can appeal the faster you can get a TD to return to Canada. You can submit documents prior to your appeal so you have plenty of time to submit these.

The other issue I can think of is that CIC has intelligence on you KZ entries - many countries have corrupt Immigration Officials who future date stamp passports. CIC may consider you had falsified entry and exit KZ stamps close to your return to Canada so your absences from Canada have been longer than you indicate. Can you get official records of your movement in and out of KZ from the equivalent of CBSA?

If you go the CIC website and proceed to the 'check application status' section what message do you get when you provide your details in regards to the PR Card application?

 

[Romanataa]

I've just understood that I don't have to include any prove of my reside in Canada with the appeal to get a TD. I was thinking I had to prove that I was in Canada that one day again.
I'm so sorry I didn't witte my questions very clear!

My husband will send everything today.

Our MP said that we can fax the appeal. The instruction says only:

Once you complete the form, you must provide it to the Registry Office of the Immigration Appeal Division (IAD) so that it is received no later than sixty (60) days after you received the CIC written decision. The Notice of Appeal must be provided together with two copies of the CIC decision you are appealing.

The addresses, telephone numbers and fax numbers of the IAD Registry Offices are listed below. You must provide your Notice of Appeal and CIC decision to the IAD Registry Office that serves the province or territory where you last lived when you were in Canada. If you choose to provide these documents by mail, you must allow for 20 days of mailing time (for out-of-Canada mail), and make sure that the IAD Registry Office actually receives the document before the deadline.

What do you think? Can I fax my appeal?

 

[Romanataa]

The other issue I can think of is that CIC has intelligence on you KZ entries - many countries have corrupt Immigration Officials who future date stamp passports. CIC may consider you had falsified entry and exit KZ stamps close to your return to Canada so your absences from Canada have been longer than you indicate. Can you get official records of your movement in and out of KZ from the equivalent of CBSA?

I agree about corruption, unfortunately.

You mean can I get this record from Kazakh organization? If so, I do not know, but I will ask about it.

If you go the CIC website and proceed to the 'check application status' section what message do you get when you provide your details in regards to the PR Card application?

I see that my PR card in The nearest CIC office in Edmonton. By the way, my husband received a letter for from CIC for me. They say that if they don't get any information from IAD (that I appealed) they will refuse my PR.