Travel document refused for not fulfilling 730 days

[themagikone]

Hello all, Im from Grenada and recently applied for a new PR card i've been living in Canada for 9 years and have been a PR for a little over 5 years. Ive been to Grenada 2 times, once for 2 weeks and once for 1 month. Besides the few weekends in the Us. Ive lived here permanently.

My card was expired for about 8 months before i realized it was expired because i didn't have to use it to travel anywhere within that time. Now that i was traveling to the caribbean i needed it and realized it was expired. i applied for a Travel Document 2 months prior to my departure, but it was not ready in time. When i called the visa office in Trinidad (caribbean visa office) they said it should be ready any day now .

I went to Grenada with no Travel Document after 2 weeks i tried calling the visa office in Trinidad BUT SUPRISE the tollfree # does not work outside of NAmerica. I was told only contact by email. I sent my request by email only to get a reply 4 days after that my application is still being processed. I'm now there for a month and no return document. After multiple emails Trinidad requested for my passport after another week it was returned to me with a letter Travel document refused for not fulfilling 730 days, nor was i qualified under "compassionate grounds" because i have a wife and 3 kids in Canada.

I been working here and have a small business for over 5 years. I have 3 kids and a wife here all canadians. I do my taxes every year. Is it that every one who applies for a Travel Document get scrutinized and or if you out if the country as a PR youre doomed? i have appealed the decision i have no fear of winning since i have all my documents that i have been here for the last 9 years permanently.

Your views on this situation?

 

[PMM]

Hi

Hello all, Im from Grenada and recently applied for a new PR card i've been living in Canada for 9 years and have been a PR for a little over 5 years. Ive been to Grenada 2 times, once for 2 weeks and once for 1 month. Besides the few weekends in the Us. Ive lived here permanently.

My card was expired for about 8 months before i realized it was expired because i didn't have to use it to travel anywhere within that time. Now that i was traveling to the caribbean i needed it and realized it was expired. i applied for a Travel Document 2 months prior to my departure, but it was not ready in time. When i called the visa office in Trinidad (caribbean visa office) they said it should be ready any day now .

I went to Grenada with no Travel Document after 2 weeks i tried calling the visa office in Trinidad BUT SUPRISE the tollfree # does not work outside of NAmerica. I was told only contact by email. I sent my request by email only to get a reply 4 days after that my application is still being processed. I'm now there for a month and no return document. After multiple emails Trinidad requested for my passport after another week it was returned to me with a letter Travel document refused for not fulfilling 730 days, nor was i qualified under "compassionate grounds" because i have a wife and 3 kids in Canada.

I been working here and have a small business for over 5 years. I have 3 kids and a wife here all canadians. I do my taxes every year. Is it that every one who applies for a Travel Document get scrutinized and or if you out if the country as a PR youre doomed? i have appealed the decision i have no fear of winning since i have all my documents that i have been here for the last 9 years permanently.

Your views on this situation?

1. Not much of a chance your family (although Canadian) resides outside Canada (assume that your spouse's citizenship is fairly recent) and you have been outside Canada for nearly 5 years, if I read your post correctly.
2. If your Canadian citizen wife has been accompanying you for the past 2 years outside Canada, that would mean that you have maintained your PR, and POS made an error. You would have to have proved that she was living with you.
3. I assume when you say here, you mean Grenada? If you mean here as in Canada, then I can't see why the TD was refused.

 

[benk]

themagikone,

Your background is a little confusing...

You said that you recently applied for your new PR card...When you applied for your new PR card, where were you -- inside Canada or outside Canada? If you applied when you were inside Canada, how many days of residency do you have in the last 5 years?

When you said you lived "here" permanently, what do you mean by "here" -- Canada or Grenada?

Is it true that you applied for a new PR Card while you were in Canada before your travel but couldn't wait so decided to go out of Canada and applied for a Travel Document in Trinidad?

Is your family in Canada or with you when you went to Grenada?

When you applied for a Travel Document in Trinidad, how many days have you declared living in Canada in the last 5 years?

 

[Msafiri]

themagikone,

You lost me when you say you've been a PR for a little over 5 years but your PR Card has been expired 8 months pre your travel. On the premise your card was issued no earlier than 5 years ago when you landed to factor in delivery times for a new card then your timelines are out of sync.

Your post mirrors that of another poster on the forum and what appears to be a disturbing trend by Canadian Visa Posts abroad which is to deny PRs who on paper easily meet the Residency obligation (in fact they can apply for citizenship) their Travel Document applications. This appears to be especially an issue with self employed and/ or student PRs.

I suggest you try and get a US visa and re-enter Canada via a land border with the US. You will be admitted into Canada since you are a PR (albeit in limbo) until your appeal is decided by the Immigration Appeal Division (IAD) which is in around 8-15 months depending on where you live in Canada. Had Grenada been visitor visa exempt to Canada you could have got a flight back and dealt with immigration at the airport. Since Grenada was selling (via investment) its citizenship to foreigners (mostly China IIRC) Canada scrapped visitor visa free status back in 2001 which is somewhat hypocritical since Canada has a similar entrepreneur PR route.

You should also start obtaining all documentation proving your physical presence in Canada. You must get a record of all your entries into Canada. Go to the CBSA website and check how to order your record of entries. You must get US exit/entry records from CBP - again check their website. They have a +6 month backlog at this time. Contact your Provincial Ministry of Health in Canada to get a record of all medical billing e.g. OHIP for Ontario as this is a good proof of presence. Get invoices from clients that show on site work carried out in Canada clearly indicating you were the one doing the job. Use the time to appeal effectively and you must show up in person at the appeal even if you have legal representation so that any issues around credibility are dealt with immediately.

Once this is over and you hopefully win your appeal then you better apply for Canadian Citizenship so you never end up in this situation again.