seeingH&C isn't really possible, because they don't like it when you switch streams (it's technically inland, with the added component of you telling them what regulation you want them to close their eyes to, and why). You can submit the paperwork via IRCC and ask for H & C, if you choose (it's the same cost and everything). In that case, I would be looking closer at IP-8, specifically, start at Pg 21. The regulation you want them to bypass is R72 -- the requirement to have a valid passport or travel document. In your paperwork, where you identify R72, you will have to explain why -- explain that you had a refugee claim (and explain that briefly), then explain that you had poor representation. It won't be the reason they choose to look past the regulation, but it would certainly help pull on those heart strings.
IP-8: http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf
the Regulations (IRPR): http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-14.html#h-36 <-- scroll to find 72
and, IPRA: http://laws.justice.gc.ca/eng/acts/i-2.5/
A waiver is also a possibility -- but that would be available only if they process under public policy (which it sounds like they might!)
HTH!
Is it possible for them to refuse an application after medicals and police clearance have been requested? Police certificate were sent May 2017 and Medicals Sep 2017. I would assume if I do not have a travel doc, they would have said no to our application long time ago. It was mentioned in our application to waive the requirement for a travel doc/passport.H&C isn't really possible, because they don't like it when you switch streams (it's technically inland, with the added component of you telling them what regulation you want them to close their eyes to, and why). You can submit the paperwork via IRCC and ask for H & C, if you choose (it's the same cost and everything). In that case, I would be looking closer at IP-8, specifically, start at Pg 21. The regulation you want them to bypass is R72 -- the requirement to have a valid passport or travel document. In your paperwork, where you identify R72, you will have to explain why -- explain that you had a refugee claim (and explain that briefly), then explain that you had poor representation. It won't be the reason they choose to look past the regulation, but it would certainly help pull on those heart strings.
IP-8: http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf
the Regulations (IRPR): http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-14.html#h-36 <-- scroll to find 72
and, IPRA: http://laws.justice.gc.ca/eng/acts/i-2.5/
A waiver is also a possibility -- but that would be available only if they process under public policy (which it sounds like they might!)
HTH!
Congrats. I am pretty sure you have to be outside the country for a PRTD. Are you driving to NY? If so, just bring your COPR and you won't have any trouble returning to Canada. If you're not driving, you could fly to a city close to the border, then cross via car? Just a thought.Just landed yesterday, so excited! Thank you to everyone on this forum for keeping me sane throughout the process; having an online community sharing their experiences really did help!
I am on my next mission, to get a PRTD so we can leave for our honeymoon. My lawyer advised they can apply for one for me while I am in the country and my passport would be processed in New York and mailed back. Does anyone know if I am able to do this on my own? I am aware of the forms that need to be filled out but didn't realize I could apply for it from within Canada. Please let me know if anyone has any experience with this.
Thank you!
It's possible to refuse an application all the way up until they hand you the COPR. The variables that would trigger a refusal decrease with each step completed. In fact, they can refuse to issue a PR, even though they are ready to issue a PR, if there is no valid travel document. It is a requirement to land (for most).seeing
Is it possible for them to refuse an application after medicals and police clearance have been requested? Police certificate were sent May 2017 and Medicals Sep 2017. I would assume if I do not have a travel doc, they would have said no to our application long time ago. It was mentioned in our application to waive the requirement for a travel doc/passport.
Thanks @profiler! We weren't planning on driving to the US. It's just that when I asked my lawyer how they could get me the PRTD while I was in Canada they mentioned that they would get it issued by the Consular Office in NY without me having to leave the country so I was curious what the process might be for that.Congrats. I am pretty sure you have to be outside the country for a PRTD. Are you driving to NY? If so, just bring your COPR and you won't have any trouble returning to Canada. If you're not driving, you could fly to a city close to the border, then cross via car? Just a thought.
Absolutely no issue via car. It's the air lines that will cause an issue if you don't have a PR Card when you return.Thanks @profiler! We weren't planning on driving to the US. It's just that when I asked my lawyer how they could get me the PRTD while I was in Canada they mentioned that they would get it issued by the Consular Office in NY without me having to leave the country so I was curious what the process might be for that.
Thank you for the suggestion about the car, didn't realize that was an option!
It's going to happen all at once, if you have enough evidence submitted.I called CIC last night and the automatic CIC response said that they are processing applications received by October 26, 2016. I am not sure how accurate that. My application was received on October 27, 2016. No AIP/SA yet.
i landed since sep 7thWhen was your landing interview, again? Did you try calling the call centre? I have heard of cases where they have trouble with the pictures submitted, and they need others -- which causes delay. The call centre can tell you if a card has been dispatched or not...
Did you move and not tell them??? Call the call centre to figure it out -- no more benefit of the doubt -- something is wrong.i landed since sep 7th
1 day before the deadline for it to arrive in mail they sent me an email saying there was a problem with the pictures so send two more which i did within 48hrs via express/registered mail.
landed sep 7th= 6-8 weeks to receive card in mail they said so sep 7 + 56days= nov 2nd
resend pictures on nov 2nd so to give a few days lets say nov 7 + 56days=dec 28th
i give them benefit of the doubt because of all the holidays etc but its jan 10th and still nothing
everyday i check mailbox but nothing
no im at the same addressDid you move and not tell them??? Call the call centre to figure it out -- no more benefit of the doubt -- something is wrong.
is there a special number for this kind of thing?Did you move and not tell them??? Call the call centre to figure it out -- no more benefit of the doubt -- something is wrong.
No. 888-242-2100.is there a special number for this kind of thing?
tried a few times but always too busy to put me on to an agentNo. 888-242-2100.
Call your local MP then. http://www.ourcommons.ca/parliamentarians/en/constituencies/FindMP Fire your postal code into the search on the right side "Find a Member of Parliament".tried a few times but always too busy to put me on to an agent