Question: Travel Document

[silentsky1111]

Hello!

My parents have landed in Canada back in July 2012 and left Canada around the same time so they can take care of my grandmother and she wouldn’t be alone by herself.

With that being said, they did not stay in Canada in the last 10 years and they did not get any PR card but just a landing paper on hand.

Right now, they would like to return to Canada for retirement.

Since they did not fulfill the residency obligation, is there a chance that they can still keep the permanent resident status and return to Canada?

I was being told that they can try to apply for Travel Document to see if the officer would make exception for them to return with valid Humanitarian and compassionate grounds.

What supporting documents are required in order to make that happen?

And what would consider as a valid reason?

And if they are declined for Travel Document, are they still allow to come to Canada for visit?

Any advise is greatly appreciated!

[nanette31]

Hi,
I am from french nationality and i have been accepted in a college in ontario. I also have a letter approving my application for a study permit. I am trying to book a flight now to Canada. here are my questions:
Am I allowed to land in Montreal if the college where i’m going to study is in Ontario?
Are the officers at the port of entry in Montreal airport will be allowed or would agreed to provide me with my study permit for a college in Ontario?
thanks in advance for your help.
nelly

nelly

[SettlementOrgMod]

Hello,

Thank you for sharing your parents’ situation and questions with us.

As you may already know, in order to return to Canada, if they do not have a valid PR Card, it is likely they will have to apply for a Permanent Resident Travel Document (PRTD) at the nearest Canadian Visa Office.

Starting this process will also start the process to determine whether or not they have lost their PR status.

A valid Permanent Resident (PR) card or Permanent Resident Travel Document (PRTD), are the best proof of your PR status for re-entry into Canada.

What happens is that basically, each time a permanent resident enters Canada, Citizenship and Immigration may calculate 5 years back from the date the permanent resident has entered or re-entered Canada to see if they have fulfilled their residency obligation.

You can find information on the process that is followed when entering Canada in this Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual.

Here is an excerpt from the manual on what happens at the port of entry here:

"7.8 Examining Permanent Residents at a POE (Port of Entry)

When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissibility.

Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).

In other words, once a permanent resident’s status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

In cases where:

• permanent resident status is established;
• the permanent resident refuses to provide any further information and enters Canada;
  and
• the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation, officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.).

and

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

(Italics ours)

It is important to note that in terms of loss of permanent residency, a person does not lose it until a final determination has been made.

According to the Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual,

It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.

It also states in relation to the process of loss of permanent residency,

5. Departmental Policy

When an officer believes a permanent resident has failed to comply with their A28 residency obligation, then that officer should report the permanent resident under the provisions of A44(1) and recommend the issuing of a departure order.

The form Questionnaire: Determination of Permanent Resident Status (IMM 5511B) has been developed specifically to assist officers in making decisions regarding the permanent residency obligation, keeping in mind that the questionnaire alone is not sufficient to determine compliance with the residency obligation, and a detailed interview including examining humanitarian and compassionate criteria under A28(2)(c) is needed.

Furthermore, the officer cannot seize the person’s documents (such as the IMM 1000, Immigrant Visa and Record of Landing and the IMM 5292B, for example) despite writing an A44(1) report and issuing a removal order unless the officer believes there are reasonable grounds to do so in accordance with A140. The rationale behind this is that the person has a right to appeal the removal order and, until final determination of status, they remain a permanent resident and are the lawful owner of said documents.

Again, in order to return to Canada, if they do not have a valid PR Card, it is likely they will have to apply for a Permanent Resident Travel Document (PRTD) at the nearest Canadian Visa Office.

Starting this process will also start the process to determine whether or not they have lost their PR status.

We strongly suggest that it may be helpful for you to contact a lawyer who is familiar with Canadian immigration issues for some additional information and assistance with their situation.

You may also want to contact the Citizenship and Immigration Canada (CIC) Call Centre directly on their behalf for some information regarding their situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org

[SettlementOrgMod]

Hi,
I am from french nationality and i have been accepted in a college in ontario. I also have a letter approving my application for a study permit. I am trying to book a flight now to Canada. here are my questions:
Am I allowed to land in Montreal if the college where i’m going to study is in Ontario?
Are the officers at the port of entry in Montreal airport will be allowed or would agreed to provide me with my study permit for a college in Ontario?
thanks in advance for your help.
nelly

nelly

Hello Nelly,

You can find some detailed information on the the CIC Website in the Prepare for arrival — Study section.

Here is an excerpt,

Prepare for arrival — Study

When you arrive in Canada, you will be met by an officer from the Canada Border Services Agency (CBSA) at a point of entry, such as an airport. The CBSA is responsible for border and point of entry activities in Canada.

The documents you need to enter Canada

The CBSA officer will ask to see your travel documents when you arrive in Canada. Make sure they are not packed in your luggage, and that you have them with you. This will help speed up your entry to Canada.

You should be ready to show the following documents:

*a valid passport or travel document
the letter of introduction from the visa office that you received when your study permit was approved (this letter contains your permit reference number and the CBSA officer needs this letter to issue your study permit)
*a valid temporary resident visa (if required)
*a copy of the letter of acceptance from the designated learning institution at which you are accepted to study
proof that you have enough money to support yourself during your stay in Canada and
*letters of reference or any other documents recommended by the visa office where you applied.

Carry these items and all other valuable papers, cash and traveller’s cheques with you at all times. Do not put them in your checked luggage.

You may not be allowed into Canada if any of your documents are missing or if any of the information on your application or letters of reference is incorrect.

Possession of these documents does not guarantee entry. All persons must establish that they meet all the requirements of the Immigration and Refugee Protection Act and Regulations before being authorized to enter or re-enter Canada.

If there are no problems at the point of entry, the officer will let you enter Canada and will issue your study permit. You should:

*check the study permit to make sure your personal information is accurate and
*check the expiry date on your study permit. You must leave Canada by this date.

You may also want to try and contact the nearest a Visa Office directly for specific information regarding your situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org