Travel Document Refusel

[Waleed123]

Hi,

I am canadian citizen since 1999. My wife become resident in June 2002. She got her PR card. We went back to Pakistan in April 2004. Since then we are living in Pakistan. Her PR card expired in June 2007. In september 2012 I decided to apply for Travel document for her so we can move back. I was under impression as she is accompanying canadian citizen spouse she will get Travel document without any problem. But today we received a refusel due to not present in canada for 730 days in last five years.

I need a expert advice before I apply for appeal.

Regards,

 

[scylla]

Yes - the days she spent with you outside of Canada count towards her residency requirement and allow her to retain her PR status while living outside of Canada. When you applied for the TD, did you state that she had been living with you outside of the country? Did you provide proof that both of you have been living outside of the country together?

 

[Waleed123]

Yes I clearly state that even we also applied (in same envelop)for our new born passport and citizenship card where our names mentioned as parents which is prove that we are still together.

Where I go now? Appeal in office in Canada or write back to consulate.

Regards,

 

[Pippin]

I am not an expert, but if the only documentary proof you sent was parenthood on the birth certificate, I can understand why there is a problem. Having a child does not prove you were living together all these years. What other documents can you provide showing you are both at the same address for the duration of your time outside Canada? Good luck.

 

[scylla]

I am not an expert, but if the only documentary proof you sent was parenthood on the birth certificate, I can understand why there is a problem. Having a child does not prove you were living together all these years. What other documents can you provide showing you are both at the same address for the duration of your time outside Canada? Good luck.

Agreed. The documents you listed wouldn't be enough. Did you include anything else?

 

[Waleed123]

which document can prove that we are still married. Please advice

 

[Waleed123]

I need to file an appeal within 60 days. please advice what documents do i need. Living together is also not a guarantee that we are still married. we can send an undertaking if it will work.

 

[Pippin]

It is the issue that you were both living TOGETHER for these years that is at issue, isn't it? Not whether you are still legally married. You can easily still be married but live in different countries. To maintain the PR you have to show your wife was accompanying you.

 

[steaky]

Do you and your wife share the same bank account (showing same address)? If so, you can ask your bank to write a letter showing that both you and your wife are staying in the same address and then bring this letter with you to the consulate to get the travel document. By showing this letter to the consulate, they will know that your wife had been accompanying you all these years. Your wife need to show the proof again when she renew her PR card.

 

[Waleed123]

You guys are all very helpfull.

I can get the bank letter, I also thiniking to get some undertaking. But as per the letter we received we can go for appeal. For appeal we need to send all the documents to IAD in Canada.

Do you guys think I need any paid legal help.

 

[steaky]

The bank letter will only be helpful if it shows that you and your wife had maintaining this account and address for at least 2 years preceding the application date of the travel document / PR card renewal. I know nothing about the IAD hearing.

 

[scylla]

You don't just need to prove you are married - you need to prove you have been living together. The living together part is key. Evidence can include: joint property ownership, joint leases, joint utility bills, bank statements showing the same address, tax returns showing the same address, etc.