Refusal of Travel Document

[needanswersasap]

Hi,

I am stuck between a rock and a hard place.

I applied for a Travel Document as i purchased tickets to go to canada in July for my daughter and i. However, I received a letter informing me that i have been refused. I am not disputing the fact that i have not met the residency obligation. however, i did provide the following evidence:

- Final court order for access issued by the courts where i am originally from
- Long Birth certificate of my Canadian born daughter (she is now 12yrs)

Even though i received instructions that i can appeal. I don't have that kind of money nor do i think it makes sense because of the court order, I will be in the same problem for another 6yrs (when my daughter turns the age of 18).

I did some research online and i stumbled upon a document "OP 10 Permanent Residency Status Determination". After reading pieces of the document, i noticed there are appendices such as "Appendix A Refusal letter - Residency status determination" - it is a template of what to send the applicant such as myself.

Let me reiterate, i understand the residency obligation however due to the court order (document provided with my application for the Travel document) i thought there would have been some kind of Humanitarian and Compassionate considerations.

I compared the template to the letter that was sent to me, they were the same EXCEPT one area! it reads:
"(If the applicant has children) I have also taken into account the best interests of the child (or children) directly affected by the determination of your residency status."

MY Letter does NOT have this!

I sent documentation to them clearly stating that i have a Canadian daughter but yet in the refusal letter has no mention of the child. This is an indication that perhaps the officer reading my application did not pass the first page or did not go through my application properly. I had booked my tickets already in order for my CANADIAN daughter to see her country (permission was finally granted by her father). Now that i have been refused, by EXTENSION, A Canadian Citizen is REFUSED, because of this she unable to travel to the country where she was born until she becomes an adult.

Can you advise what to do?

 

[scylla]

Since the Travel Document has been refused, your only option is to appeal. If you fail to appeal, your PR status will be officially lost.

Having a Canadian citizen child by no means allows someone to retain their status without meeting the residency obligation. It's actually quite likely your daughter was considered when the officer made their decision. But again, if you feel your circumstances weren't fully considered, by all means appeal.

 

[needanswersasap]

thanks for the feedback scylla.

I know that these officers are careful and to the book, hence it leaves me to wonder if they really considered my daughter as it was not mentioned in the letter.


If i decide to not appeal, can i apply for a regular visitor's visa? the tickets are booked already :/

what about the CCTB and Universal benefits?

 

[Rob_TO]

As mentioned, in order to challenge this you must go through appeals process. That is your only option. To appeal you will get a special PR TD to return to Canada for appeal, and will be expected to remain in Canada during the appeals process.

This will happen every time you want to travel with your daughter to Canada, since you don't have any intention to live in Canada permanently. Simply having a Canadian child doesn't give you any right to bypass the RO and keep your PR status if you don't actually live in Canada. A better option is simply to accept the PR TD rejection and give up your PR status. Then you can travel to Canada as a visitor with your daughter anytime you want (going through TRV process if necessary).

 

[Rob_TO]

I know that these officers are careful and to the book, hence it leaves me to wonder if they really considered my daughter as it was not mentioned in the letter.

To be honest your daughter simply wanting to see her country of citizenship doesn't really sound like a true H&C case.

If i decide to not appeal, can i apply for a regular visitor's visa? the tickets are booked already :/

You can tell them you want to appeal, get a special PR TD in order to return to Canada for appeal, go there as a PR with your daughter, and when you return to home country simply give up the appeal. Your PR will be gone, and next time you try to go as visitor.

what about the CCTB and Universal benefits?

I believe both parent and child need to be living in Canada to get those benefits.

 

[scylla]

If i decide to not appeal, can i apply for a regular visitor's visa? the tickets are booked already :/

what about the CCTB and Universal benefits?

Yes - you can apply for a regular visitor visa later.

I don't see CCTB or any other benefits being an option for you or your daughter. You must be living in Canada to benefit from these and you can't do that as a visitor.

 

[needanswersasap]

Hi Rob

Thanks for the info. Seeing that i have been refused for the travel document will this negatively impact an application for the regular visitor's visa.

please bare with me. I'm really not adverse in this hence me being on this forum asking a million and one questions.

Just to correct you on your statement respectfully, i do have intentions on living in Canada permanently, however i am strapped here due to the court order (another 6yrs), hence me feeling like i am stuck in between a rock and a hard place :'(.

So let's say i do give it up, and my daughter turns 18 (when the court order will no longer apply) can she apply for me to regain my residency? or due to this refusal, will it negatively impact the decision?

 

[scylla]

She cannot apply to restore your residency. She has to sponsor you from scratch.

Once she is an adult and living AND working in Canada - AND she has made enough income for three years in a row (proven through taxes filed in Canada) - then she can apply to you sponsor.

 

[Rob_TO]

Thanks for the info. Seeing that i have been refused for the travel document will this negatively impact an application for the regular visitor's visa.

I'm not sure. Will depend on your specific case and if you can show ties back to home country.

Just to correct you on your statement respectfully, i do have intentions on living in Canada permanently, however i am strapped here due to the court order (another 6yrs), hence me feeling like i am stuck in between a rock and a hard place :'(.

All that will matter to CIC is your immediate intentions, unfortunately intending to relocate back to Canada permanently in 6 years will not be relevant to them.

So let's say i do give it up, and my daughter turns 18 (when the court order will no longer apply) can she apply for me to regain my residency? or due to this refusal, will it negatively impact the decision?

Losing your PR status now, will have no impact to any future PR apps.

Having a Canadian citizen child doesn't give you any rights to PR status. After your daughter moves to Canada permanently and works for 3 years making a certain income, then waits a year for taxes, it will be at least 4 years before she can even attempt to submit an app for your PR sponsorship. So this will most likely be in her mid to late 20s. Then it will be several more years after until your app would be approved, assuming you pass the medical exam at that time.

You can also apply for PR independently again if you still qualify in 6 years.

Or if your daughter moves to Canada after she turns 18, you can stay in Canada under a TRV or a supervisa.

 

[James John]

Hello,
I just have a quick question. How long did you wait to receive your passport?
Thank you