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PR travel document is rejected- Appealing process

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mahbab View Drop Down
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    Posted: 27 Jul 2016 at 12:37am
Hi, 
In 2008, my parents and I became permanent residents of Canada. Once my parents moved to Canada, my grandmother’s health had rapidly declined. She had already been suffering from diabetes, hypertension and mild Alzheimer's but her health got so much worse and she was placed on strict bed rest. Her prolonged bed rest (about 5 years until she passed away in 2013) eventually affected all her body systems including musculoskeletal and immune systems. 
That being said, my father had to go back to Iran to take care of his mother and that’s the reason why he did not meet the residency obligation. None of us wanted to leave my grandmother in a nursing home, as we knew the nursing homes would have not given her the care that she needed.

My father’s Permanent Resident (PR) card has been expired since October 2013. In January 2014, we hired a lawyer to follow my father’s application for a PR card. A few months after that, we were asked to provide some additional information to CIC. I gathered all the documents and sent them to his lawyer, as I thought she was the representative and she would send them to CIC. 
On 29th of January 2016, we realized that we could not check my father’s application status online anymore. I talked to his lawyer and she said the application is still in process, and we should wait to hear from the judge in case my father needs to apply for a travel document to enter Canada. 
My father sent an enquiry to CIC and asked for the status of his application. A few days after that, he was informed that his application had been canceled since the requested information had never been received by CIC. After waiting for almost two years, we found out that his lawyer was not giving us the correct information. 
My father sent a second enquiry to CIC and assigned me as his representative. Fortunately, my father’s application was reopened in April 2016. In May 2016, I received a letter from CIC asking for some additional documents. In that letter, my dad was asked to apply for a Permanent Resident Travel document at the nearest Canadian Visa Office and provide a copy of his completed application forms to the CIC office in Vancouver. My father sent his documents to the Canadian Embassy in Turkey, which is the closest one to Iran. Today, I received an email from the Canadian Embassy in Turkey stating that my father’s application has been rejected. I am aware of the fact that unfortunately my father did not meet the residency obligation. However, I was hoping that his personal circumstances, which I believe involve humanitarian and compassionate grounds, would be considered. (My father was in Canada for about 14 months over a 5-year period) 
 We included a letter explaining this along with a few letters from doctors who were visiting my grandmother. However, the Canadian Embassy in Turkey has rejected my father's application for a travel document. His application for PR renewal is in process, but I'm assuming that will also be closed. Today, I filled an appeal form and sent it to the immigration office. How long do you think it would take? It is really frustrating as we are all in Canada and are Canadian citizens and my dad is not able to come to Canada. I'm not sure if we should just give up his status and apply again (my mom sponsoring her husband). I'm afraid that if we do that, the application is gonna take even longer. What do you think? Do you think we should just wait for the appeal which i have no idea how long its going to take, and also what would be the result Or just give up his status and apply through sponsorship. Any help well be much appreciated. 

Thanks
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jul 2016 at 4:39am
H&C cases are difficult. A lawyer's assistance is usually a good idea. Obviously the bad experience probably sours your taste for hiring another lawyer. But, if you can afford a lawyer, and you do some homework to find a better lawyer, a lawyer's assistance could make a difference.

If your father has been traveling to Canada on at least some occasions, that would improve his odds in the appeal. And, significantly, if he has been to Canada within the previous year, he should qualify for a special PR Travel Document to return to Canada pending the outcome of the appeal.

If not in Canada for a long time, however, that hurts the appeal.

Appeals can take from many months to a year or even two years.

In the meantime, a spousal sponsorship could be the better alternative. Of course this depends on the continued validity and genuineness of the relationship. Here too, if they have been separated for years that could raise questions about the continuing validity or genuineness of the relationship. Additionally, of course, your mother must be eligible to sponsor, such as not being on social assistance.

Difficult to compare timelines because there are so many factors which can affect one process or the other.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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mahbab View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mahbab Quote  Post ReplyReply Direct Link To This Post Posted: 27 Jul 2016 at 5:27am
Thank you. 

My father was in Canada for about 400 days in a 5 year period, before his PR card was expired in Oct 2013. Over the past 2 years he did not apply for a travel document as we thought we should wait to hear from the judge, and then all the things that happened with his lawyer. If from the beginning his lawyer was responsible, we should have received this letter more than a year ago, and at that time we could have said that my father had been in Canada at least once. 

Regarding sponsorship, my parents have been married for over 42 years. Over the past few years, my mom wanted to go back several times but because her PR card was also expired she had to stay in Canada. It took her about a year. After that my father was asking my mother and I to be patient and stay in Canada so that we get our citizenship. I feel so bad for him, he has done so much for all of us. Because of him we could come to Canada. He has gone through so much over the past 2.5 years but he always asked us to stay strong and supported us. Do you think spouse sponsorship would take less time?
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 29 Jul 2016 at 6:26am
I realize it is difficult to find and go to another lawyer, but a lawyer could give you real advice. I cannot.

Whether it is worth pursuing sponsorship rather than go through with the appeal, I really cannot offer more than a guess, probably not a good guess.

Sorry I cannot help more.

I should note, though, I have seen at least a couple recent cases where family in Canada has made a big difference in the outcome, in the assessment of H&C reasons. But I have no idea of the timeline other than these can take from months to years.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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Roy Rogers View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Roy Rogers Quote  Post ReplyReply Direct Link To This Post Posted: 11 Mar 2017 at 6:23am
I have been refused a PRTD on the grounds of residency not met - how soon can I apply for a ETA some say 60 days some say 30 days?
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