<<<URGENT>>> travel docs required for taking oath in canada

[sbag_in]

hi there guys,
my brother has just got a letter today, from CIC mississauga to come to their office for taking the citizenship oath on OCT 02,2014. he is in india currently and his pr card expired this may. he has not met the residential obligations,required for filing a new pr card. but his citizenship was approved because my dad (while applyng for his own citizenship) applied for my brother as well, as he was under 18 yrs of age at the time of joint application. please advice on the best way to get a fast travel document if possible at all. or else what are his options.
thanx,
sammy

 

[scylla]

Your brother was supposed to continue to meet the PR residency obligation while his citizenship was being processed.

If he applies for a regular travel document it will be refused since he doesn't meet the PR residency requirement.

His only option is to apply for a travel document on H&C grounds and hope CIC doesn't close his citizenship application for failing to meet the PR residency requirement. Whether the TD is granted depends on how old he is now and his reasons for failing to meet the residency obligation. He should apply as soon as possible. I don't know if it's going to be possible to obtain the TD in time.

How many days in Canada does he have in the last five years? How old is he now? What were his reasons for staying outside of Canada? I assume your father is in Canada / has met the PR residency obligation?

 

[janoo]

best way to contact canada consulate and show them the expire p.r card and

ask them to give you him travel paper as he is still minor he can get the

travel paper fast and than he can travel to Canada in addition if your

dad can check with the good lawyer in Canada he may guide you well.

did he have USA visa ??? if he have USA visa he can come to usa and than

travel by car and at the entry he can get entry visa as he is minor and

have expire p.r card etc....try many ways as opportunity to be become Canadian

should not be lost....

 

[jrjayl]

at this point he could be likely to have a hard time coming back:
firstly, CIC will not likely issue a regular travel document, because residency requirement has not been fulfilled.
secondly, if a travel doc is issued only so that your brother can come back to Canada for a hearing with a judge, his PR status will be "IN DOUBT" where he would not be allowed to attend the ceremony, until the judge has made a positive decision. However by then, the citizenship application might have already been closed.

people here might not be able to help much. Your brother need more professional help because right now any step your brother take could lead to a different result.
try consult a registered immigration lawyer.

 

[janoo]

Yes agreed check may be minor do not have to stay in Canada if they are

entitle to get citizenship... but check with professional and depend on the

age of your brother..

 

[sbag_in]

thanx everyone.

things are not looing so bright.
i will try and tal to my dad. my dad has met his residency obligations and my brother is not a minor any more.
my brother could not come to canada as he was went back to india for studies. i am contacting an imm lawyer as we speak.
lets see how it goes.

will let you know.
cheers,
sammy

 

[Msafiri]

1. Minors do not need to meet the 1095 physical days in the last 4 years prior to application requirement when included in an adult parent application.

2. Many confuse this to mean the minor does not need to meet the RO. Wrong...one of the pre-requisites for citizenship for all PRs even minors is that there be no doubts about your PR which means no sec 44 report and/or investigation for inadmissibility including breaching the RO.

3. The visa post approach to get a PRTD in my opinion is a high risk strategy. Visa post will examine RO breach...could argue the removed as a minor angle but not enough details as to how old the applicant is and what the RO shortfall is. I expect the visa post to show little sympathy...some posts bounce everything and leave it to the PR to sweat out an appeal. Even if successful a H&C based PRTD will take time to resolve and I doubt you can make the oath...missing it due to PRTD/ expired PR isn't a good enough reason under new operational policy and the file will be administratively closed.

4. Last on this forum someone had your situation (included as minor but aged out with RO breach) they entered Canada via a US land border with their landing documents. CBSA agent at Secondary Inspection was initially going to report but they gave the guy the mother of all breaks and gave him a pass for his oath...his breach was substantial and he was 21+ if I recall correctly. This may be your best option if you can get a US visa and if CBP admit you!

5. Applying for citizenship and leaving Canada has an RO breach risk if the citizenship application takes longer than 3 years.