Travel document refused for not fulfilling 730 days,only appeal option offered..

[janay]

Dear VIP and other experienced members

Hi. My son came with me as PR in 2005. Did his grade 12 and we all went back Pakistan in 2006. Just spent a year in Canada. We all came back in July 2010. Me and my 3 daughters are here since then but my son went back after applying for PR renewal on urgent basis as he was studying in a medical school. The daughter next to him also applied and went back because of her son she left behind. Son was called for interview on Jan 06 2011 but he did not show up though he informed them of the reason. His application was then abandonned.
Then he applied for TD in Dec. 2011. After a year he is informed that his application is refused for not fulfilling 730 days condition etc....and he is advised to go for appeal in IAD within 60 days if not then automatically this letter will be a proof that he is no more PR of Canada (we applied for him that surely he would be refused and then I would sposor him but it took a year long for the decision)
My questions are:
1. what are the chances of winning the (to be filed) appeal?
2. how long it takes to complete the entire process?
3. there are other 2 options: (i) should I sponsor him as a dependent child, he will be 25 next December (ii) He applies as FSW but it needs work experience while he is finishing his study within next few months and then he will do his mandatory house job (residency in a teaching hospital for a year).
My other posts showing my entire situation are also available if required.

Any one who has such bitter or successful appeal experiece can share please.
Janay

 

[Leon]

1. I think his chances of winning the appeal are not that good because he chose to study in Pakistan instead of staying in Canada with the rest of the family and meeting his residency obligation.

2. I do not know that.

3. If you sponsor him as a dependent child, you have to show that he is still a full time student and financially dependent on you. Since it takes a while to sponsor from Pakistan, he will have to find some courses to enroll in and they may be suspicious if it looks like he has completed his studies but is just enrolling in courses in order to keep his status as a dependent child. He should just get the work experience and apply as a skilled worker. However, it is hard for foreign doctors in Canada to get licensed so he will have to deal with that.

My advice to all families who are immigrating to Canada is to let their children study in Canada. You are a first nation immigrant and will have to deal with trying to find a job with foreign education and work experience but if there is a chance for your children to study in Canada, they will not have licensing issues and will have a much easier time of finding a job after they graduate as well as they will not end up in breach of their residency obligation, losing their PR and having to apply again.

 

[janay]

Thank you Leon for your prompt reply. I have some other questions:
1. Supposeddly I appeal for him, then during appeal process can he get visa if admission in ny progrm is granted to him here in Canada?
2. If he does not go for appeal and he pplies for admission as interntional student, what are the chances for him to get admission?
3. what is the procedure for getting work permit.
4. what is arranged employment?

Does anybody know how long it takes from the point of applying to the final decision?
valuble expert advice requested.

Janay

 

[Leon]

Thank you Leon for your prompt reply. I have some other questions:
1. Supposeddly I appeal for him, then during appeal process can he get visa if admission in ny progrm is granted to him here in Canada?
2. If he does not go for appeal and he pplies for admission as interntional student, what are the chances for him to get admission?
3. what is the procedure for getting work permit.
4. what is arranged employment?

Does anybody know how long it takes from the point of applying to the final decision?
valuble expert advice requested.

Janay

1. If you appealed, you have to wait for the appeal to conclude. If he gets admission to some program, it needs to be clear if he is a PR or if he needs a visa. He can not get another visa during the appeal because he is still a PR.

2. Getting visa as an international student, he will have to prove that he will not overstay, that is strong ties to Pakistan. Now, his whole family is in Canada so that will be hard for him. He may be seen as a risk to overstay.

3. Work permit, he also has to prove he will not overstay but the procedure is that an employer must apply for a labour market opinion for him, proving that the job was advertised in a proper manner and length of time and no Canadians or PR's were found who were qualified for the job or wanted the job and yet the employer is offering market wage. With a positive LMO, it is then possible to apply for a work permit.

4. Arranged employment or AEO is basically a job offer that has been verified by Service Canada. It is easier to get than an LMO and can only be used to apply for immigration directly, not in order to get a work permit. If he has enough points and an AEO, he can apply for his PR under the skilled worker program.

 

[janay]

Thank you Leon for throwing light on all posible options. This will help me and my son in taking decision.
Janay

 

[steaky]

Just a thought ... did your son attempted to come to Canada via the US using his expired PR card?

 

[janay]

Hi Steaky.
thank you. My son is going to write his final year exam of med. school from Dec. 12. It will take about a month to finish. For entering through the US border he needs US visa too. Fine, let us suppose that he is in through US border but what if he looses appeal.
I have a question too: If my son looses appeal, is there option of an other appeal? if yes, how long that appeal takes to conclude?
thank you once again
Janay

 

[Msafiri]

Hi Steaky.
thank you. My son is going to write his final year exam of med. school from Dec. 12. It will take about a month to finish. For entering through the US border he needs US visa too. Fine, let us suppose that he is in through US border but what if he looses appeal.
I have a question too: If my son looses appeal, is there option of an other appeal? if yes, how long that appeal takes to conclude?
thank you once again
Janay

1. If the first appeal to the Immigration Board is lost you can appeal to the Federal Court but its all academic as his chances of success are low and continue decreasing the longer he remains outside Canada.

2. Checking case law seems to indicate about 1 year to appeal hearing so if your son is considering 2 appeals then a couple of years.

3. I think the sponsorship route is a more viable option than appeal subject to showing ongoing dependency. This will require him to either not appeal the TD refusal or voluntarily relinquish PR.

4. Entry via the US only helps in that he will be in Canada during any appeals process but there is already on file that he fails to meet the Residency Obligation (RO).

IMHO you/ your son need to decide what he wants to do from a personal and professional perspective. As Leon pointed out employment in Canada for regulated professions such as a doctor is challenging for those with non Canadian education credentials - check the licensing requirements to get an idea. There is no point going through the sponsorship and appeal routes if your son will end up having the same RO issues becaue he is outside Canada either through personal choice or because he can't get a job after years of medical school.