Two weeks ago, I received an unexpected call from a client who successfully landed in Canada sometime in 2002. He said he applied for a Travel Document - Determination of Permanent Residency Status but was denied. The letter he received from the Canadian Visa Office in Manila referring to the determination of his status as permanent resident of Canada also stated that he did not comply with the residency obligation.
Permanent Resident's Residency Obligation
To maintain your permanent resident status, you must meet certain residency obligations. To keep your status as a permanent resident, you must live in Canada for at least two years within a five-year period. A permanent resident may lose his/her permanent resident status if:
A permanent resident who does not meet their residency obligations could lose permanent resident status. If convicted of a serious crime, a permanent resident may be deported from Canada.
Pursuant to Immigration and Refugee Protection Act section 28, a permanent resident complies with the residency obligation provisions with respect to a five-year period if, for at least 730 days in that five-year period, the permanent resident is:
physically present in Canada is outside Canada accompanying Canadian citizen who is their spouse or common-law partner or is a child accompanying a parent; is outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province;
is an accompanying spouse, common-law partner or child of a permanent resident who is outside Canada and is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province.
Why was his application for Travel Document - Determination of Permanent Residency Status?
Technically, the said client actually stayed for more than 800 days in the five-year period immediately before the the date he filed his application for a Travel Document - Determination of Permanent Residency Status. He needed to apply for a travel document because his PR Card expired while in the Philippines. His application was refused because he failed to submit enough documents to support his residency in Canada for at least 730 days.
Supporting Documents to apply for Travel Document - Determination of Permanent Residency Status
The following documents may help you support your claim of residency in Canada:
your Revenue Canada Notice of Assessment(s) (NOA) including pages showing total income for the year in question job attestation (employment certificate indicating the period covered) pay stubs bank statements car registration / insurance utility bills medical prescriptions apartment / car lease
Right to Appeal
The said client actually contacted me to seek help on his appeal.
Under the Immigration and Refugee Protection Act of Canada, a permanent resident have the right to appeal a decision made outside Canada by Citizenship and Immigration Canada (CIC) on his/her permanent residency obligation.
The said client was given 60 days to make an appeal to the Immigration Appeal Division.
For more information about Travel Document - Determination of Permanent Residency Status, click here
