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Problems to get a travel document.

Romanataa

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Sep 17, 2013
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My husband called to IAD, they said we can fax the appeal. He sent all the documents.
 

Romanataa

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Sep 17, 2013
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Hello everyone,

Could you tell me what's next?
My husband called to IAD, they said our file hasn't been registered yet. We have to wait this step than they will send the documents or smth to other organization (he didn't understand what organization) and than they can say smth to me.

How long does it usually take? I am thinking maybe I miss something....
It's so hard to wait, because I haven't been home since may.
 

Msafiri

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Nov 18, 2012
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The IAD registry is likely referring to sending notice to CIC that is had received an appeal. Also that likely it will send the paperwork to the Edmonton branch/ offices of the IAD for eventual hearing. You need to ask for a TD to attend the appeal...send a fax to the Moscow Visa Office so processing on this can start. Have you started applying for your provincial health billing history? I suggest apply for a US visa too if you are near a US consulate - you have nothing to lose except the application fee. This way you can re-enter Canada via a US land border.
 

Romanataa

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Msafiri,

Thank you for your answer.

I send a fax to Moscow asking for a travel document issue.
I have a no claim letter from the insurance company.
My official transcript from the university on its way and my husband sent a request for a Statement of Benefits Paid from Alberta Health. So, I need a letter from LINC school that I studied in 2008, unfortunately, it was about 3 months, but anyway I need it, and I need a letter from the Russian School. The hardest part for me is to get a record of border crossing from CBSA, but I will do it.

Could you explain me this:

Step 5. If an applicant requests the issuance of a travel document subsequent to the receipt of a refusal letter

There will be situations where a travel document may be issued with a validity date of less than six months if a tighter control of the issuance of the document is warranted. One such situation is when permanent residents do not meet the residency requirement but have been in Canada at least once in the past 365 days. Permanent residents in this situation are allowed to enter Canada during the 60-day appeal period even if they have not yet filed an appeal. In these cases, the officer should reopen the case and enter a Final Decision of 3. The travel document must be issued, normally with a short validity not exceeding 60 days, to correspond with the period allowed for submitting the appeal in Canada. The travel document is to be coded with a different category in this type of case (RX-1, in place of the standard R-1 coding), to signal to the port of entry that the permanent resident has been allowed to return to submit an appeal in Canada.
In the case above, where an appellant is not eligible for a travel document under A31(3), the appellant must make an application to the IAD requesting to be physically present at the hearing of the case in Canada. Applications must be filed with the IAD and with the Minister no later than 60 days after the notice of appeal is filed. If the IAD is satisfied that the presence of the permanent resident is necessary, it will order the Minister to permit the appellant to go forward to Canada to attend the hearing. Where the IAD has made such an order, an officer shall issue a travel document for that purpose.........

Does it refer to me? I mean, I have been in Canada in the past 365 days, so I'm eligible to get a TD during the 60 days appeal period and I do not need to wait till the hearing?
What 60 days means? From the day of my appeal or the day when I got a decision? (September 16).

Thank you so much.
 

Msafiri

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Nov 18, 2012
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1. Yes you will get a TD before the appeal is listed for a hearing. Visa office can delay TD issuance until confirmation of your appeal received from IAD.

2. 60 day count is from the date you received the TD refusal.
 

Romanataa

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Sep 17, 2013
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Guys, I really need your help.

Moscow's office didn't answer on my first letter. So, when I've got my medical record and the official transcript I sent a second letter to them. It was on October 25 I asked again about issuing a TD for me. I attached a medical record and official transcript.
This is what I've got today in the morning:

Dear Sir/Madam,

This is in response to your latest correspondence concerning your application for a temporary resident visa.

In accordance with Section A11(1) of the Immigration and Refugee Protection Act (IRPA), any person wishing to enter Canada must satisfy a visa officer that he or she is not inadmissible to Canada and meets the requirements of the Act. The visa officer was not satisfied that you meet the requirements of the Act and Regulations. Written reasons for the refusal are given to unsuccessful visa applicants.

You are welcome to submit a new application for a temporary resident visa, however, unless there are significant changes to your circumstances, it is unlikely that the decision will be different. If you re-apply, you will be given the opportunity to present your case and provide relevant information to support your application. We can assure you that the officer will extend your application every consideration. In accordance with our office policy, a different visa officer will examine the new application.

I do not understand what's happening. They say to apply for a temporary visa, but I'm eligible for a TD or not? What do you think is the reason they don't want to give me a TD? I'm thinking that I'm doing something wrong and I don't understand what exactly. Maybe I miss something important or don't understand the information. It's like the end of the world for me. I want be back home.

What do I need to do? I checked processing time for temporary visa visitor, student - 10 weeks, work-8 months.

Also, my husband called to IAD office, they said they will fax us when they get the information from CBSA and they they will tell us next step.

Could you explain me these 2 sentences, just your thoughts. Is is possible that I can't understand something because of English.

1.You are welcome to submit a new application for a temporary resident visa, however, unless there are significant changes to your circumstances, it is unlikely that the decision will be different.

Why they say about temporary visa and what circumstances? Different decision means they will likely refuse again?

2. If you re-apply, you will be given the opportunity to present your case and provide relevant information to support your application. We can assure you that the officer will extend your application every consideration. In accordance with our office policy, a different visa officer will examine the new application.
Re-apply means apply again, maybe they mean I can apply for a TD again not temporary visa? Could they do a mistake?

Can I apply for a TD and a Temporary Visa at the same time now?
 

Romanataa

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Sep 17, 2013
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I understand these 2 sentences :( yes, they mean temporary visa :(

How can I get home soon....?
USA is not a solution. it takes from 6 to 12 months.
 

yichao

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Nov 7, 2013
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My daughter landed in Edmonton, Alberta, Canada and became permanent resident of Canada with me, the father , her step-mother and her step-brother on July 24, 2000 when she was 9 years old. But this combined family did not work out because my wife didn’t love my daughter. I did not like the way my wife treated my daughter and I decided to divorce my wife. So I went back to China on September 15, 2000 and then I got my wife send my daughter back to China on November 27, 2000.

On August 13, 2001 I came back to Canada again with my daughter. During this period of time, my daughter and I lived together in Edmonton, Alberta. As a single father, I had to work hard to earn the livings and I did not have much time to take care of my daughter when she was 10 years old. And I also was told that it was not appropriate to have a child under age of 12 stay at home alone when I was working outside. So I sent my daughter back to China to her mom on February 24, 2002 when Edmonton school teachers were on strike for a prolonged period.

At the end of 2002, I married again and then I asked my daughter to come back to Canada. But at that time her mother started living with her boyfriend in Haikou City, Hainan Province, P. R. China. Her boyfriend was also a divorcee with his son under his ex-wife’s custody. Her mom’s boyfriend would like to keep my daughter as their own child because as per Chinese One Child Policy they were not allowed to have a baby together. So they rejected my request and did not send my daughter back to Canada.

In spring of 2007, when my daughter was 16 years old, her mom's boyfriend tried to molest my daughter again and again without success because of her resistance so she would like to come back to me in Canada. She told her mom that she would like to go back to Canada to her father. Her mom agreed but she suggested that they did not mention this to her boyfriend until my daughter gets the travel document (permanent resident abroad) because both of them believed that her boyfriend would not be happy if they told him that my daughter would like to leave him for her natural father. My daughter contacted me and I was very happy to have her back. She made an application to Canadian Embassy in Beijing for the travel document (permanent resident abroad) and soon she received the letter from the immigration officer who asked her mom to come to the embassy with her for an interview. Because it needed her mom to leave Haikou for Beijing, her mom had to tell her boyfriend and her boyfriend became furious. Her mom was scared and to please her boyfriend she refused to go to the embassy. Then they made my daughter write a letter to the immigration officer that she would like to withdraw her application because her mom refused to go to the embassy for the interview. Since then, her mom's boyfriend did not allow my daughter from contacting me again.

In 2009, she started her undergraduate degree in Southwestern University of Finance and Economics with her mom and her boyfriend’s financial support. And she dared not to contact me because she was afraid of irritating her mom’s boyfriend and then her mom would also blame her. This situation lasted until her mom broke up with her boyfriend for good in August 2013 – right after my daughter’s graduation from Southwestern University of Finance and Economics with a bachelor degree and started working with UNIQLO in Beijing. Then she was free to contact me again. I was very happy and told her that as per the immigration Act she might be able to recover the Canadian Permanent Resident Status under the Humanitarian and Compassionate Considerations.

So, she started preparing her application to Embassy of Canada in Beijing for a travel document (permanent resident abroad) immediately. Because she has not been in Canada at least once during the past 365 days, Embassy of Canada in Beijing asked her to apply to the Immigration Appeal Division for authorization to be physically present at the hearing of her appeal in Canada. To be granted authorization to do this, she needs to file her appeal with Immigration Appeal Division.

The question is that if my daughter can be granted the travel document in her Appeal with IAD?
 

steaky

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Nov 11, 2008
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yichao said:
My daughter landed in Edmonton, Alberta, Canada and became permanent resident of Canada with me, the father , her step-mother and her step-brother on July 24, 2000 when she was 9 years old. But this combined family did not work out because my wife didn't love my daughter. I did not like the way my wife treated my daughter and I decided to divorce my wife. So I went back to China on September 15, 2000 and then I got my wife send my daughter back to China on November 27, 2000.
Your daughter should try to get a US visa (if she has not lost her PR status and keeping her original landing document), so that you can pick her up in the states and drive her to Canada. It only take less than 1 month to get a US visa in Shanghai, China.

This would probably faster than trying to get a travel document.
 

PMM

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Jun 30, 2005
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Hi


steaky said:
Your daughter should try to get a US visa (if she has not lost her PR status and keeping her original landing document), so that you can pick her up in the states and drive her to Canada. It only take less than 1 month to get a US visa in Shanghai, China.

This would probably faster than trying to get a travel document.
From reading the post, it appears that the daughter has applied for a TD and have been refused. As she was told that she would have to apply for TD from the IAD to attend her hearing, as she hasn't been in Canada for the past year. CIC/CBSA will have a record of the refusal, so US visitor visa then an attempted to enter Canada with an expired PR card, probably will not work.
 

yichao

Newbie
Nov 7, 2013
4
0
Hi Steaky,

But my daughter already lost her permanent resident status because she is not in Canada for almost 10 years. She got permanent resident status when she was 9. Then she was kept in China by her mom.
 

yichao

Newbie
Nov 7, 2013
4
0
175(2) of Immigration and Refugee
Protection Act, “In the case of an appeal by a permanent resident under subsection 63(4), the Immigration Appeal Division may, after considering submissions from the Minister and the permanent resident and if satisfied that the presence of the permanent resident at the hearing is necessary, order the permanent resident to physically appear at the hearing, in which case an officer….”

My questions are:
Who is the Minister? Is he the counsel mentioned in Notice of Appeal? Does the Permanent resident have to hire the Minister? What documents the Minister needs to submit to IAD?
 

yichao

Newbie
Nov 7, 2013
4
0
Dear Sir/Madam,
My daughter who was born in April 1991. She landed in Canada with me in July 2000. After the landing, I divorced my second wife and so my daughter also went back to China because as a single father I could not take care of a 10 years old when I had to work.

After I married again, I tried to call her back but her natural mom did not want her to come here because she and her new husband tried to raise my daughter as their own daughter.

My daughter tried by herself to recover her Canadian Permanent status in 2007 when she was 16 and then the Embassy of Canada in Beijing invited her and her mom to the interview. But her mom refused the interview so my daughter had to withdraw her application.

Now my daughter just graduated from Chinese university and tried to come back to Canada.

Does she have chance to regain her permanent resident status?
 

Msafiri

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Nov 18, 2012
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yichao,

1. It would have been better for you start a new thread as this current thread is in relation to a TD refusal from the Moscow Visa post.

2. The visa post in China has refused your daughter's TD because she has breached the Residence Obligation. It is not clear whether the visa post considered H&c grounds primarily that she was removed from Canada as a minor when refusing the TD. Did you submit H&c grounds? We need to see the refusal letter. I suggest you look for posts by poster with handle PrincessLuna to see a successful TD application for a removed minor.

3. Your daughter has the right to appeal the TD refusal to the Immigration Appeal Division. She must do this within 60 days of receiving the TD refusal. If she does not appeal then she loses PR effective day 61.

The current immigration law (IPRA) enables a PR who has been refused a TD but has been in Canada at least once in the 365 days prior to TD refusal to actually receive a TD to attend their appeal in person. Like all judicial proceedings attending in person is the most important step because credibility can be evaluated by the judge. Your daughter doesn't meet the 365 day criteria so she has to request in her submitted appeal for the IAD to mandate the visa post issue a TD for her to attend in person. Its rare for the IAD to issues such directions so the appeal will likely be heard via teleconference. You must supply calling cards for the appeal hearing.

Your daughter is a PR until the IAD make a negative decision on her appeal. Therefore if your daughter can get a US visa and show up at a Canadian land border there is nothing the CBSA agent can do he/she must admit her into Canada subject to her having made an in time appeal. Obviously the CBSA agents could give her a hard time but admit her they must. The issue really is what chances she has of getting a US visa..maybe try. If she is lucky to make it to Canada then any 'In Canada' days she accumulates prior to appeal decision (unless she wins) are not counted towards the Residence Obligation so she will be in some sort of 'limbo'. However she can work, study etc though she may find some bureaucratic related activities e.g applying for a BC driver license problematic.

4. The appeal may take anywhere from 12-18 months to be listed before the IAD. Any party to the appeal can appeal the decision of the IAD to the Federal Court (FC) on a point of law. This may take another 12-18 months to be listed. If your daughter is in Canada and she loses her appeal before the IAD and/or the FC she will have to leave Canada. As you can see the lengthy timelines are an obvious loophole such that an appeal can be 'legally' baseless with little/no chance of success but is a time buying strategy for the PR appellant that made it to Canada to work, study etc.

5. I suggest you start gathering evidence of the statements you make in your original post. The difficulty for you will be to prove your daughter attempted to return to Canada at the first opportunity upon reaching the age of majority. Going to University and working haven't helped her 'minor' angle for TD application.

6. The CIC Minister is the presumptive person making the TD refusal i.e. the visa post is acting on behalf of the CIC Minister. As such the appeal is against the Minister and is decided by the IAD. If the Minister consents to the appellant (person appealing) appearing in person the IAD is likely to accept the appellants request to attend the hearing. CIC and hence the Minister for obvious reasons tend to refuse consent.

7. If you can afford get a lawyer to assist you with the appeal...your story is quite convoluted.
 

Msafiri

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Nov 18, 2012
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Romanataa,

Your experience is truly Kafkaesque. The visa post messed up what appears to have been a straightforward TD application and now can't even differentiate between a TD and a TRV!! If this is how they make decision no wonder they messed up your original TD application.

In your shoes I would write a strongly worded letter to the manager of the Moscow Visa Post - there must be a name on the website. I would refer to my appeal and that I meet the 'have been in Canada once in the 365 days' clause of the IPRA. I would include a copy of the TD refusal stating my right of appeal and ability to get a 'attend appeal' TD. I would include a copy of my correspondence from the IAD as confirmation that my appeal was submitted in time. I would ask that the TD be issued expeditiously and that I would escalate the matter further if this was not completed in say x days (x being the standard time to issues TDs by Moscow).

I would send copies of the same correspondence as to the Visa Post Manager to my MP, IAD and CIC Minister.