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60 days quiet period after PR expiry

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Paul1234 View Drop Down
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    Posted: 18 Sep 2012 at 4:20pm
Hello.

I was a permanent resident of Canada but the residency card expired in August of 2011.  I applied for a travel document in the fall of 2011 and was granted a travel document that was  valid until April 2012. Based on the 730 days calculation it would appear that I do not meet the requirements to obtain another travel document.

I have the following questions for you:
- If I do not meet the 730 days requirement, does that mean that I am not a permanent resident any more?
- If I plan to apply for work in Canada and aim to find an employer that will apply for a work permit for me, do I first have to clarify my permanent residency status by applying for a travel document before the employer can apply for a work visa for me?
- If the travel document is not granted, I understand that there is a 60 day period within which I could appeal a negative decision on the travel document. Is it correct that I have to wait for this 60 day period to pass before I or an employer could apply for another visa?

Thank you very much for your help in advance.
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canvis2006 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 18 Sep 2012 at 5:24pm
Apply for the TD and go from there.

It's not that easy to find an employer willing to do paperwork for work visa. HRSDC and CIC take a while for paperwork too.

Keep that in mind.
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jogruni View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote jogruni Quote  Post ReplyReply Direct Link To This Post Posted: 19 Sep 2012 at 2:32pm
Originally posted by Paul1234 Paul1234 wrote:

I was a permanent resident of Canada but the residency card expired in August of 2011.  I applied for a travel document in the fall of 2011 and was granted a travel document that was  valid until April 2012. Based on the 730 days calculation it would appear that I do not meet the requirements to obtain another travel document.

You most likely will be denied a new TD unless you have good H&C grounds to still get one.
Originally posted by Paul1234 Paul1234 wrote:

- If I do not meet the 730 days requirement, does that mean that I am not a permanent resident any more?

You are in breach with residency obligations, but you will only loose status, if an immigration officer finds out and issues a removal order and the appeal process is ended.
Originally posted by Paul1234 Paul1234 wrote:

- If I plan to apply for work in Canada and aim to find an employer that will apply for a work permit for me, do I first have to clarify my permanent residency status by applying for a travel document before the employer can apply for a work visa for me?

As long as you did not surrender your PR, you will not get any other form of visa.
Originally posted by Paul1234 Paul1234 wrote:

- If the travel document is not granted, I understand that there is a 60 day period within which I could appeal a negative decision on the travel document. Is it correct that I have to wait for this 60 day period to pass before I or an employer could apply for another visa?

When a TD is actually denied, you have lost your PR status and then you have 60 days to appeal. But you will most likely not be permitted to enter Canada until the appeal is decided or CIC wants you to attend a meeting in Canada.

I do not know enough details, but here are some options to consider besides applying for a TD on H&C grounds and being denied one (loose PR status):

The fact that you did receive a TD and did not use it is actually speaking against getting a new TD based on H&C grounds, as you did not return to Canada as soon as possible. You would need really good arguments, why you did not return to Canada with that TD!

If you are from a US visa waiver country, you could try to return to Canada via the US and approac the Canadian border with your expired PR card. Officers at the border tend to be less strict than the officers at the embassies processing TD. There is even a good chance to get through without any questions.

An important fact is, when did you leave Canada?
If you were physically present in Canada within 12 months before arriving at the POE (border) you have a right to enter and you cannot be denied, even though the officers can request an investigation resulting in a removal order, but you will be allowed to enter.

If it is more than 12 months and maybe even more than 36 months the chances are getting lower and lower, even on a land border.

So to give recomendations we would need more details.

But I thing applying for another TD with being in breach of residency obligations with a TD valid until April is almost ZERO. Ant that automatically will result in a loss of status.

But I am no expert so this is just my personal opinion!!!
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