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kimpie86 View Drop Down
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Joined: 04 Jun 2015
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    Posted: 04 Jun 2015 at 7:34pm
Hello,
Does anyone have any experiences with the Residency Obligation Appeal?
I was unable to get a Travel Document because I have been out of Canada for too long (living in Europe). I have been trying to return to my family for the past year but the Immigration Office took forever processing my application.
Long story short, I am appealing the decision made.
Does anyone know how long it usually takes until the hearing, and until a decision is made?
I have to maintain my Canadian RN license which requires me to work a certain amount of hours in 2016, so I am really hoping (and determined) to reach this goal.
 
I am just wondering if it would be wise to revoke my PR status instead, and then apply via Express Entry. Or if it would be wiser to appeal and hope my answer comes in time (or, does anyone know if I would be able to get a work permit while waiting for the answer?)

Thanks in advance for reading my post.
Thanks!
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Harrikon View Drop Down
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Originally posted by kimpie86 kimpie86 wrote:

Hello,
Does anyone have any experiences with the Residency Obligation Appeal?
I was unable to get a Travel Document because I have been out of Canada for too long (living in Europe). I have been trying to return to my family for the past year but the Immigration Office took forever processing my application.
Long story short, I am appealing the decision made.
Does anyone know how long it usually takes until the hearing, and until a decision is made?
I have to maintain my Canadian RN license which requires me to work a certain amount of hours in 2016, so I am really hoping (and determined) to reach this goal.
 
I am just wondering if it would be wise to revoke my PR status instead, and then apply via Express Entry. Or if it would be wiser to appeal and hope my answer comes in time (or, does anyone know if I would be able to get a work permit while waiting for the answer?)

Thanks in advance for reading my post.
If your RN is your priority then by all means find a job, start the job permit process (after renouncing PR of course). While you work in Canada, apply through express-entry, or family migration (if you qualify). 

Denied travel documents will seldom ever be granted unless you have a "Compassionate" circumstance around it.
Applied: June 2012
Processing: December 2012
RQ and Test: December 2013
(Reason for RQ: unknown)
Oath: May 2015
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kimpie86 View Drop Down
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Points: 4 		Post Options Post Options   Thanks (0) Thanks(0)   Quote kimpie86 Quote  Post ReplyReply Direct Link To This Post Posted: 08 Jun 2015 at 7:23am
Thank you for your response!

My priority is to reunite with my family and boyfriend a.s.a.p but also definitely wanting to maintain my RN license. All i need to do is to find a job.. So if I would be allowed to work until the final answer from CIC/IAD I would come back as soon as I get my travel document to attend my hearing in Canada and hopefully get my nursing hours in before the final decision is made. I just don't know if I am allowed to work in Canada (because technically i am still a PR right? Because I am appealing the decision?).
Does anyone know this?
Thanks!
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Harrikon View Drop Down
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Points: 103 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Harrikon Quote  Post ReplyReply Direct Link To This Post Posted: 10 Jun 2015 at 1:41pm
Originally posted by kimpie86 kimpie86 wrote:

Thank you for your response!

My priority is to reunite with my family and boyfriend a.s.a.p but also definitely wanting to maintain my RN license. All i need to do is to find a job.. So if I would be allowed to work until the final answer from CIC/IAD I would come back as soon as I get my travel document to attend my hearing in Canada and hopefully get my nursing hours in before the final decision is made. I just don't know if I am allowed to work in Canada (because technically i am still a PR right? Because I am appealing the decision?).
Does anyone know this?



Yes you can work while the appeal is in process, but why bother with the appeal if you think you dont have a good chance? Appeals wait times are not very long I suspect. See a lawyer for more details.
 
You cant count any time you spend in Canada waiting for appeal in your Residency Obligations if your appeal is denied. 

So i would suggest you find work and get the work permit process started asap.
Applied: June 2012
Processing: December 2012
RQ and Test: December 2013
(Reason for RQ: unknown)
Oath: May 2015
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kimpie86 View Drop Down
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Points: 4 		Post Options Post Options   Thanks (0) Thanks(0)   Quote kimpie86 Quote  Post ReplyReply Direct Link To This Post Posted: 10 Jun 2015 at 3:22pm
Thanks for your response. I do think I have a very good chance on H &C grounds.
I send my appeal letter and hope to get a travel document soon from CIC (im entitled to one because I was present in Canada at least once in the past year). I heard the appeal takes about a year, so im hoping to go to Canada asap and start working right away. I only have to complete about 3 months worth of nursing hours to maintain my nursing registration for the next 5 years. I still have a SIN.
Does anyone know how long it usually takes before you receive the travel document?
Or could I travel to Canada without one because im from a VISA exempt country?
Thanks!
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Harrikon View Drop Down
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Points: 103 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Harrikon Quote  Post ReplyReply Direct Link To This Post Posted: 11 Jun 2015 at 7:04am
Right, i am not an expert, but you can land in Canada and then sort it out (with your landing papers). The Travel document is mainly for visa requiring nationalities. 

Find a good lawyer. H and C cases are expensive so choose the right one.

Good luck
Applied: June 2012
Processing: December 2012
RQ and Test: December 2013
(Reason for RQ: unknown)
Oath: May 2015
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