Very tough and strange situation

[dj996633]

Hello All
hopefully I will get some good advice from this forum. I will try to make it as short as possible

My wife sponsored me in 2006 within Canada and we got the approval-in-principal same year. yes go figure 6+ years already....
asked to send medical, security, passport copy etc. Because I lived in quite a few countries it took me a while to get them all the police clearances. However in the mean time my Indian passport got expired. Guess what? Indian consulate toronto refused to take my application and long story short it took me almost 1.5 years to get them to take my application, Because I came here as a refugee from US but ended up having my wife (canadian citizen) apply for me, the Consulate had to send application to ministry back home and told me it would take upto 6 months. Well it took 2 years and countless stressful trips that they told me there had been some issues with the process and they will have to send again. I kept CIC in the loop but I had to redo the medical and security 3 times. Thankfully I was given work permit every year so I kept my job.

This is beyond my frustration and had been very stressful for my family as I had two kids born after I got the AIP. As we still wait my wife is trying hard to speak with someone at the CIC and see if they can waive the requirement of having a valid passport because we have lost patience to deal with Indian Consulate.

What do you guys think I should do at this point? wait to hear back from CIC for direction or hire a really good lawyer....if so who do you think is good?

 

[user828]

So what's the issue? can't get Indian Passport? and consulate giving hard time
If you were to go to India, you can get passport pretty fast there - only drawback if you gotta wait till CIC finishes process

 

[scylla]

To the best of my knowledge, it is not possible for CIC to waive the valid passport requirement. The passport requirement is mandatory.

If you cannot obtain a new passport, then to the best of my knowledge, your only option is to wait until you are refused and then apply for PR through the Humanitarian and Compassionate stream.

 

[dj996633]

thanks - seriously I am going to try one more time for the the passport.

 

[sakamath]

If you came as a refugee, Indian Govt assumes that you no longer wish to retain Indian Citizenship and hence would not issue a passport. Can you look into getting a Canadian Refugee Travel document and see if that would help in your case?

https://www.immigroup.com/canadian-refugee-travel-document

 

[scylla]

If you came as a refugee, Indian Govt assumes that you no longer wish to retain Indian Citizenship and hence would not issue a passport. Can you look into getting a Canadian Refugee Travel document and see if that would help in your case?

https://www.immigroup.com/canadian-refugee-travel-document

I don't think dj996633 for a Refugee Travel Document. These are only available to those who have actually been accepted as refugees.

Since dj996633 is applying for PR via spousal sponsorship - I'm assuming his refugee claim was refused.

 

[sakamath]

...These are only available to those who have actually been accepted as refugees...I'm assuming his refugee claim was refused.

If that is the case the the OP should opt for Identity Document instead of Travel Document.

 

[dj996633]

yes - that's the reason why the indian consulate taking forever because they need to get the application cleared from Indian ministry but they kept telling me over the years it is possible and charged me 400 Dollars for the processing fee. And I have brought this up with the CIC many times that this has to do with my past refugee claim but neither parties seem to get it. If CIC asks me to get Identity Document I will go and apply for this at the Indian Consulate but CIC still insists I give them the valid passport copy. So basically for the past 6 years CIC keeps sending me medical security checks renewal requests, Consulate keeps sending me back to wait (worst people I have ever come across), and I am just getting mentally tortured here! I guess my next step would be to get CIC to accept the identity document??? crap wonder how long the consulate will take issue me this document.

 

[user828]

yes - that's the reason why the indian consulate taking forever because they need to get the application cleared from Indian ministry but they kept telling me over the years it is possible and charged me 400 Dollars for the processing fee. And I have brought this up with the CIC many times that this has to do with my past refugee claim but neither parties seem to get it. If CIC asks me to get Identity Document I will go and apply for this at the Indian Consulate but CIC still insists I give them the valid passport copy. So basically for the past 6 years CIC keeps sending me medical security checks renewal requests, Consulate keeps sending me back to wait (worst people I have ever come across), and I am just getting mentally tortured here! I guess my next step would be to get CIC to accept the identity document??? crap wonder how long the consulate will take issue me this document.

Well, technically your application started as refugee, showing you had security issues in India and it won't be considered lightly.

 

[dj996633]

so I guess do you guys think I need a lawyer or just play the wait game?

 

[user828]

so I guess do you guys think I need a lawyer or just play the wait game?

Lawyer won't be able to assist with Indian Consulate, you have to look at options besides passport and that can only be worked via CIC - and what can a lawyer do except request as technically it's in process waiting for party to submit docs.

So what if you tell them you need passport to go to India ( need to visit sick relative )