Residency Obligation in Canada for a PR.
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Posted on: 03-12-07 17:12:37
Quote:
Originally posted by lucky284
why dont u download the travel document forms,fill them up and send to CHC Delhi ? You never know they may approve your reasons and allow you to go back even though u dont meet residency obligation
His PR card is valid - he does not need the travel doc.
PR Card and Travel document have different purposes.Travel document is required when u r returning to canada and u have failed to fulfill residency requirement. This is to avoid deportation after u land. U dont need travel document if u have met residency requirement.I am very sure about it and I have no doubts .In case he wants to take a chance,he can travel to canada without travel document but I am sure he will be in trouble when he lands here.
lucky284 what you say is wrong. I too had suggested the same in my post without paying attention. What cdn_dude said is correct. A travel document is only required if you don't have a valid PR card and are outside the country.
If your PR card is valid you don't need a travel document.
However, whether you have met your residency requirements or not is supposed to be determined at the port of entry.
Quote:
Originally posted by lucky284
Travel document is required when u r returning to canada and u have failed to fulfill residency requirement. This is to avoid deportation after u land. U dont need travel document if u have met residency requirement.I am very sure about it and I have no doubts .In case he wants to take a chance,he can travel to canada without travel document but I am sure he will be in trouble when he lands here.
Clearly, your post indicates that your concepts of the travel doc requirements are not clear at all. I have no doubts! Read Yellowknife's post. If you do not believe us, then read this: http://www.cic.gc.ca/english/pdf/kits/guides/5529E.PDF
After reading Page 3 (top of the page), hopefully you will know what the travel document is really for. Also read the section on page 3: "Who should not apply for the travel document?" (second point).
C. Humanitarian and Compassionate Grounds
If you or a family member is unable to meet the residency obligation, it may still be possible to retain your status as a permanent resident of Canada. You will need to present evidence that, due to circumstances beyond your control or due to factors that have kept you living outside Canada, you wish to have humanitarian and compassionate grounds considered in the assessment of your application for a travel document.
Factors that might justify such a consideration would be those resulting hardships you would face if you lost your permanent resident status, and that would be unusual and undeserved, or disproportionate. You must provide proof:
that there are compelling humanitarian and compassionate factors in your individual circumstances that merit the retention of your permanent resident status;
describing why you were not able to comply with the residency obligation; and
that the extent of any hardship that the loss of residency status may cause to one or more family members who would be directly affected by this decision, taking into account the best interests of a child directly affected by the determination.
To have your application considered on humanitarian and compassionate grounds, you must complete question 18 of the application form. There are no guidelines on what supporting documents you should submit for consideration on humanitarian and compassionate grounds. You are free to make submissions on any aspect of your personal circumstances that you feel would warrant retention of your permanent residence.
An officer will weigh the factors of your unique case against the extent to which you did not comply with your residency obligation and make a decision based on the evidence in your file.
What you have posted is completely jibberish and useless information.
The case C, that you have posted, is to determine whether you can count the days spent outside Canada towards retaining the PR status. (and is completely unrelated to the point being discussed.) This will be determined at the POE by the officer. To travel to the POE, the person needs a valid PR card which the OP already has (OR a travel document if the PR card is NOT valid).
Hope u get it now. If not, I cannot explain beyond this!
Quote:
Originally posted by lucky284
C. Humanitarian and Compassionate Grounds
If you or a family member is unable to meet the residency obligation, it may still be possible to retain your status as a permanent resident of Canada. You will need to present evidence that, due to circumstances beyond your control or due to factors that have kept you living outside Canada, you wish to have humanitarian and compassionate grounds considered in the assessment of your application for a travel document.
Factors that might justify such a consideration would be those resulting hardships you would face if you lost your permanent resident status, and that would be unusual and undeserved, or disproportionate. You must provide proof:
that there are compelling humanitarian and compassionate factors in your individual circumstances that merit the retention of your permanent resident status;
describing why you were not able to comply with the residency obligation; and
that the extent of any hardship that the loss of residency status may cause to one or more family members who would be directly affected by this decision, taking into account the best interests of a child directly affected by the determination.
To have your application considered on humanitarian and compassionate grounds, you must complete question 18 of the application form. There are no guidelines on what supporting documents you should submit for consideration on humanitarian and compassionate grounds. You are free to make submissions on any aspect of your personal circumstances that you feel would warrant retention of your permanent residence.
An officer will weigh the factors of your unique case against the extent to which you did not comply with your residency obligation and make a decision based on the evidence in your file.
pl refer para C--it is very clear--I agree there r conflicting information abt this issue on CIC web site. It clearly says when we r sure that we have not met residency requirement ,we need to fill column 18 and send it with supporting
documents if available for approval to CHC. I also did discuss this issue with few immigration professionals.There is no harm in getting approval before taking off for Canada. If agreed by CHC, the officer at POE usually allows the person with Travel document.
