Problems to get a travel document.

[Leon]

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?

Since she withdrew her application in 2007, her PR may not have been revoked as a result of a failed travel document application. She can, in that case, apply for a travel document again now, stating that she was removed from Canada as a minor by a parent and is now wanting to return first opportunity. Although her chances might have been better when she was 18, the guideline for TD for young adults in this situation actually states that they are trying to return first possible chance after reaching age 22, probably because the age of a dependent child is set at 22 right now. However, it will be changing to 19 on January 3rd. In any case, she should write her story, how she wanted to return at 16 but was stopped by her mother who refused to let her attend the interview. She does have a chance.

If she gets the TD, she can return to Canada and apply for a PR card but she should stay for 2 years straight to get her PR status back in good standing anyway. If she is refused, she can appeal.

You can also write a letter with your story that she can include with her application.

 

[Romanataa]

Msafiri,

I am writing a letter to Moscow as you have said. I just need to clarify one thing.

I still cannot understand this:
Do I have the right to get a TD NOW, NOT 2-3 months BEFORE the hearing, because I was presented in Canada at least once within the 365 days and I made an appeal to the IAD?

I'm confused because after these words goes:
"If you wish to return to Canada for the hearing of the appeal, you must make an application to the IAD". It refers to those people who has not been in Canada within 365 days, right?
Even you say: "I would include a copy of the TD refusal stating my right of appeal and ability to get a 'attend appeal' TD".

Does this sound right?
I want to get a TD expeditiously because according to the IRPA paragraph 31(3)c I have the right to get a TD NOW.

Yesterday, before I got a letter from Moscow I wrote to Minister Chris Alexander begging him to help me, but I was afraid to refer to paragraph 31(3)(c). I included all the document I have.

Also, I went to International Organization for Migration in my city, but the say that they can't help me. They even do not know anybody who could help me. Moscow's office doesn't answer.


Msafiri, thank you a lot!!!

 

[Msafiri]

Romanataa,

Lets start off with what the law (IRPA) states:

63. Right of appeal — residency obligation
(4) A permanent resident may appeal to the Immigration Appeal Division against a decision made outside of Canada on the residency obligation under section 28.

31. Travel document
(3) A permanent resident outside Canada who is not in possession of a status document indicating permanent resident status shall, following an examination, be issued a travel document if an officer is satisfied that:

•(c) they were physically present in Canada at least once within the 365 days before the examination and they have made an appeal under subsection 63(4) that has not been finally determined or the period for making such an appeal has not yet expired.

In theory PR applicants denied a TD but have evidence of meeting 31(3) (c) should be issued a TD for their presumptive appeal. However some visa posts drag this out and the easiest justification is 'how do they know the PR has appealed?'. If you submit evidence of your 'in time' submitted appeal with your letter the visa post don't have an excuse to deny you a TD and they should issue it expeditiously. The Moscow visa post are sweating you for no justifiable reason.

Make reference to the 2 clauses above in your letter. This visa post appears to have issues and CIC need to review its operations. However its obvious reviewing various visa posts websites that there is a wide latitude of immigration/visa operations as long as its within the law - in this case this isn't really happening and is unfair to you.

 

[Romanataa]

Msafiri,

Thank you!!!! I understood everything.

My husband called to IAD asking to fax anything that proofs that I have already appealed. They said that 2 days ago mailed it to me and Moscow. Do I need to wait these documents or would be better to send a letter now? He will call them again on Monday.

IAD office is so funny too. A woman said if we want to get information by fax we have to fax them asking about that. BUT we did it 2-3 weeks ago can't understand how do they work.

 

[Msafiri]

1. Better to wait for the official paperwork from the IAD to reach your spouse. He should fax these to you as soon as he gets it so you can in turn fax it to the visa post. If the received etc stamps are faded better to scan and email it as an attachment to you.

2. I hope you are faxing (with receipt confirmation), mailing registered or using courier for your communication with the IAD and Moscow Visa Office. In this way you will have evidence of your correspondence. Don't you have a confirmation that your appeal was received when you faxed it? The fax machine used should have given a 'transmission ok' feedback with the IAD registry fax number on the sent sheet/s.

3. I suggest you keep copies of anything you send.

4. I suggest you use the ATIP process to ask for physical files of your PR Card application and your TD application. This will be useful at appeal in case you either made a mistake in the application or CIC have disregarded your declared dates for no reason.

5. What does your ecas say about your PR Card?

 

[Romanataa]

Hi Msafiri,

2,3. My appeal faxed my husband from Staples store and he did not take anything. I using e-mail with Moscow and I have e-mails from them. I didn't make a big point about this. I bought a fax number last month only, so I'm going to keep everything.

4. Thank you for this advice! It can be helpful, but there is said that I need "Proof that you have the right to make a request:
To be eligible, you must be a Canadian citizen, a permanent resident of Canada or an individual or corporation currently present in Canada". Maybe you were talking about time when I come to Canada?

5.
-When I check an application for renewal PR it says that my file is approved.
-When I check an application for TD I can't find anything. Any category I choose I see this "are not able to identify".

THANK YOU A LOT!!!!!

 

[Msafiri]

1. For ATIP via email/online - You don't need proof if you give a Canadian mailing address but you can include an attachment of your PR Card (can't remember if it has to be valid).

2. You should have 3 lines in ecas for your PR Card renewal - received, started processing and completed/approved. What is the approval date? Also do you have the standard "your card will be mailed but you may need to pick it up" paragraph? If you are lucky enough to get the PR Card mailed then your husband can courier it to you and you can use it to return to Canada.

 

[Romanataa]

Oh, Msafiri, I'm not lucky at all. My card was approved on May 8, and it is in CIC office in Edmonton and I have to get it personally. I wrote them in June asking to send it to me or allow my husband to get it instead of me, but they directed my letter to Moscow office. Moscow office sent me a typical letter that I have to apply for a TD.

 

[Romanataa]

Hi Msafiri,

I want to tell you an anecdote to make you laugh. My husband received the documents from iAD. They misspelled my first name, I was ready to die when I saw this. They wrote Natalia instead of Natalya. Anyway I sent a letter to Moscow, Minister, and MP. Also, my husband will call them in the morning.

 

[Msafiri]

Oh, Msafiri, I'm not lucky at all. My card was approved on May 8, and it is in CIC office in Edmonton and I have to get it personally. I wrote them in June asking to send it to me or allow my husband to get it instead of me, but they directed my letter to Moscow office. Moscow office sent me a typical letter that I have to apply for a TD.

Sorry that's some tough luck but the law requires the actual PR Card applicant to pick it if CIC requires you to do so. CIC usually only keep the card for 180 days and if you have not picked up its destroyed and you have to make a fresh PR Card application.

Hi Msafiri,

I want to tell you an anecdote to make you laugh. My husband received the documents from iAD. They misspelled my first name, I was ready to die when I saw this. They wrote Natalia instead of Natalya. Anyway I sent a letter to Moscow, Minister, and MP. Also, my husband will call them in the morning.

Yeah I see how that can be amusing. Are all the other details correct e.g. date of birth etc? Good luck - honestly I wonder what excuse the visa post will come up with now not to issue you a TD?

 

[Romanataa]

Hello,

It's me again.
Visa office in Moscow keeps silent. They do not answer me and the minister's office too.

Msafiri, what do you think I should do now? Time is killing me

Can't understand, if I have the right to get a TD right now, why they do not issue it for me.

They (don't know who exactly) made a mistake in my client ID. Two numbers are mixed up. I've got different numbers from CIC Edmonton office and IAD office. If I check both numbers through the CIC website it show me nothing.
Also my husband's got a final notice to pick up a PR Card from CIC Edmonton.

 

[Romanataa]

Msafiri, i need your help again
I made a table (hope you will understand it: http://i913.photobucket.com/albums/ac333/Romanataa/image_zpsae8d39f7.jpg) with the dates I got any medical service during the 2008-2013 years. I am wondering do you think this is a stable proof of my residency or not? Also I have an Official Transcript from my university since September 2011 to May 2013.
And one more...I landed on January 18, 2008 than I was out in march and I have an entry stamp on march 31, but this one is not important because they examined before may30, 2013 (when I applied for a TD), so from May 30, 2008 to March 10, 2011(when I went to Dominican Republic) I stayed 34 (1071 days)consecutive months in Canada without leaving. Does my medical record proof it?

Thank you for your help.

 

[Msafiri]

Something is happening at the visa post with your file as due process is not being followed.

1. What date did you send them the letter to issue TD?

2. How did you send it/ do you have proof they received it?

3. What date did they receive it?

4. Which is the correct Client Number - the one on IAD or the one at CIC Edmonton (PR Card)

5. What is the extend of the difference? Is it say one digit or the entire number?

6. Does the correspondence from the visa post in Moscow have the correct client number?

7. What progress have you made in getting your ATIP for the PR Card/ TD application?

I have glanced at the table real quick but I know from my previous calcs you were ok for TD application. The info will be useful at appeal but you need a record of billing from Alberta Health Service to collaborate this. At the moment getting back into Canada is your priority. In regards to the PR Card it may be worth writing to CIC Local Office that you are in KZ where the visa office has in breach of the Immigration Laws denied you a TD to return to Canada and see if they can hold on to it beyond the regular 180 days. If they don't hear from you then they will just destroy the card. That CIC asked you to collect PR Card in person is indicative there may be a flag on your file and they wanted to double check your travel stamps.

 

[Romanataa]

1, 2, 3 I am using e-mail to contact with the Visa Office (I have some problems with my fax to contact with them). With the IAD office I use fax. Also, I couldn't find Minister's fax number, only e-mail.
My first letter to issue TD was on October 25 I have an email confirmation.
The second letter with the copies to Minister and MP was on November 14.
MP said that the visa office doesn't answer to him too.

4. I do not know which Client Number is correct. My husband called to IAD they said Client Number is not important right now because the visa office use the File Number. Honestly, I do not know where I can get the right one. When I write to the visa office or IAD or minister, I use all the numbers (Client Number, IAD file number, visa office file number).

5. They mixed up only 2 numbers. It looks like: XX72-XXXX XX27-XXXX.

6. The refusal letter doesn't have a Client Number only a File Number, so I do not even know what number they have.

7. My husband sent the request to CBSA.

I applied for an urgent renewal of my PR card in April, 2013. I included a copy of my ticket to KZ. The first notice to pick up the card was the same (to come personally).

Msafiri, thank you, thank you, thank you very much.

 

[Romanataa]

My husband contacted to MP. He said he and someone from CIC office in Ottawa wrote a letter to Moscow two weeks ago, but Moscow hasn't answered yet (and is not going to). He promised to ask somebody from Ministers office to write a letter to Moscow. I hope this will help, but I doubt it.

I have some questions. I do not really know what to do.

1. Do I need to submit a request under the Access to Information Act to the Visa Office in Moscow? Will it help me and what this will give?

2. Do I need to write a one more letter to Moscow?

3. Who is above the Moscow's office? I mean who has the real ability to help me now?

4. Do you think they really have the authority to this (not issue the TD for me, not respond to MP)?

Thank you for your help!!!!!