Travel document or Reapply

[Peppers]

My problem is a little complex and I will be greatful who might give an advice :
I am a BA Economist.
I was an immigrant in April 2000. By coincidence, my applicaiton was under NOC 1122 - Professional Occupations in Business Services to Management (which is accepted now)
I started to work under NOC 1111 - financial auditors (it is a related position with NOC 1122)
Anyway, I attended MBA at York University, Toronto.
I got married and sponsored my husband, he got immigration in June 2002. (He was with me allthe time in Canada)
Than we returned back to our home country, as my husband had a court case, regardign a property.
I went back to Toronto in 2004 and got my PR card, exp in Feb 2010.
In 2007 and 2008 I got children and of course could not go back alone as they were too small.
I lost the PR status eventually.
I will apply for a travel document on humanitarian basis, I have supporting documents like :
- my husband had attended the courts every 2-3 months for 8 years
- many emails to friends,my doctor in canada, exemployer indicating that we will or we want to turn back to canada
- emails asking consulate,lawyers about our situation, in different years
-bank account in Canada

I can qualify to reapply also, but should I try Travel docuement? But what happens to children, they will enter on a visa to canada, how can I sponsor tehm? And when can I get a PR or my husband?
Many tnx

 

[mariah]

apply for a travel document if u have lived in canada for 730 days in 5 yrswhich i dont think u have..

 

[Peppers]

I did not live a day even in the past 5 years...I wanted to reapply for immigration, but the lawyers told me I should first apply for a travel document for my status evaluation..

 

[Peppers]

And my concern is if I get the travel document, what will happen?

 

[kaku]

Then u dont need to apply for immigration.Your previous immigration status will get restored.

 

[L7]

And my concern is if I get the travel document, what will happen?

Likely you will have to go alone to Canada and then sponsor your children.

Why don't you both apply togather for travel document on H&C ground as you both PRs if the TD is granted to both of you then the children should automatically be given the PR as children cann't live without both the parents.

I hope this scenario will work fine, give it a try.

 

[Peppers]

Tnx L7 . If the travel document is issued on H&C grounds, will I not sponsor the children? Are they given automatic PR??? It is a great news.I will try H&C but was scared as I could not figure out how to sponsor the children

 

[matthewc]

Don't get your hopes up. If you haven't lived a single day in Canada in 5 years, the TD will be refused. You will most likely have to re-apply as PR from the start of the process again.

 

[Peppers]

Actually that is what I wanted to. But everyone told me to apply for a tavel doc on H&C ground, so what should I do to make it easier...Can't I just relinquish my status without travel doc?

 

[L7]

There is nothing to lose if you apply TD on H&C as you already do not meet residency obligations.

H&C is a legal provision made by CIC, one should try this avenue too, a nominal fee $50 is required.

PR is restored on H&C grounds and rejected too, should be optimistic and apply for TD, or consult a lawyer to weight the grounds.

 

[daman]

Even you want to lose your PR status and reapply again , you will have to apply for a travel document first . As far as I know travel document is the only available procedure to relinquish your PR status .
If you get it, sponser your kids later and if you don't reapply as a family . its a win win

 

[Peppers]

Thanks for all the answers. I will apply for a travel doc omn H&C ground, but now I am concerned about 2 things:
1 - Should I write "Renunciation" on the application envelope, so that I make it faster and tell in my story that if you do not give a travel doc for me I will reapply for the immigration?
2- In the applicaiton for the travel document, they ask for the Work Experience.. Should I write NOC 1122 ? I read int eh forum that this NOC is soon to fill the CAP by October. So I will apply for a travel doc and will take at least 2 months to get a reply and reapply for immigration, the NOC will be full by December or January? Any recommendations?