Travel Document denied

[System32]

Hey,
I landed in canada on 26 dec 2004 and stayed in canada uptill 19 sep 2006 - 628 Days
I went out of canada on 19 sept 2006 and came back on 21 july 2007 and stayed uptill 19 sept 2007- 59 days.
Again came back to canada on jun 16 2008 and stayed uptill 19 aug 2008 - 63 days

and now im out of canada since then and my PR CARD Expired on 12 January 2010.

My total days in canada uptill now : 628+ 59 + 63 = 750

I applied for travel document on 17 jun 2010 and was denied the same.

Reason they gave me i dont meet the requirement of 730 days and they say they count it 5 years from the day i applied for travel document and not the day my card expired.

I was studying in india and university didnt allow me to take any holidays. what do i do now?

Thank you.

 

[Alabaman]

Wow I feel sorry for your situation. So if you count back 5 years from the date you applied for travel document how many days will you have? Did you talk to a lawyere?

 

[System32]

they told me around 540. I just came to know today, will talk to one tommorow... but my question is .. dnt they count days uptill the card expires...??

 

[Alabaman]

They just look at 5 years back from date of application for residency obligation. funny but true.

 

[System32]

I was studying in india.. my university didnt allow me any holidays. what are my chances if i appeal?

 

[PMM]

Hi

I was studying in india.. my university didnt allow me any holidays. what are my chances if i appeal?

Depends, if you have immediate family in Canada, otherwise slim chances.

 

[System32]

Im 22 years old, my mum, dad , and bro lives there. Plz guide me , i dont wanna loose my PR . thank you.

 

[Leon]

Are you still a full time student with no gap years? Did you just graduate in the spring and can you enroll in university again to keep your full time student status? If you can do that, then you are still considered a dependent child as long as you don't get married and keep studying and that means that you can lose your PR status and your parents can sponsor you again.

You can appeal your loss of PR but it is not considered the best of reasons having lost your PR because you were studying because you could have chosen to study in Canada. They might see pity on you because of your family but if it's an option for you to stay a student and get sponsored again by your parents, it might even be faster than an appeal.

The additional course you enrol in to keep your student status, you don't have to complete it. You can go land in Canada as a PR when you get your new PR visa and then you can abandon that course.

 

[System32]

Thanks alot for that quick reply. I got in touch with a lawyer and he said same thing as you did.
Yes,i am full time student and still studying, still have one year for my degree to complete.

I am little over the age of 22.

so i do qualify as a dependent child right??

and what are the chances ? and how long are the processing time?? approximately.
Thank you again,

 

[Leon]

You qualify as a dependent child as long as you are still a full time student and not married at the time you land as a PR. Here are the processing times for dependent children: http://www.cic.gc.ca/english/information/times/international/06-fc-children.asp#asia

They could sponsor you now and you will have your PR visa by the time your studies are completed. If you get it fast, you might have to make a quick trip to Canada to land as a PR before your visa expires but you can go back to India and finish your studies because your new PR will allow you to be outside Canada for up to 3 years again before you lose it.

 

[System32]

so to conclude... its safe for my parents to sponser me ?? and i will have no problem getting PR??

Thank you all

 

[Leon]

Why would it not be safe for your parents to sponsor you? Nothing will happen to them. I don't see why you would have problems getting PR again. You are a dependent child and therefore your parents can sponsor you. Did you not say that your lawyer said the same thing?

 

[System32]

Safe in the sense.. i will not have any difficulty in gettin PR again???
Thats what i meant... I am just too scared to loose PR...

 

[Leon]

What you fear has already happened as you have already lost your PR by not meeting the residency requirements.

However, you are lucky enough that you still meet the criteria as a dependent child and can be sponsored again.

 

[L7]

I won my appeal last month, and after verbal decision, i got the mail with complete written decision. I was just wondering what should my next step be to fasten the whole procedure, i know that file will get transferred to outland office, which in my case would be delhi. Would you advice me to go visit Delhi office and request them for information. I am a student and i need to be in canada before december to write a certain exam. Also how long does this procedure generally take? Please advice

Thank You

Sometimes CIC response is simply nonsense. Just for a couple of days misunderstanding they waited you for 2 years.
Eventually your PR restored, good luck.