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Residency requirements, Government in Canada, Bringing child born overseas...
Travel Document
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CanadaOntario Posts: 1
Posted On: 1/31/2016
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I'm a conditional Permanent resident since 2014 I've been sponsored by my husband.
I've been in Canada living with my husband for almost 1 year and 5 month, during this period of time i was abused physically,emotionally by Him (i have proves about his abusive behaviour).
I didn't know about the law in Canada and how to deal with such situations until now, so from 3 weeks ago We traveled outside canada to go back home for emergency and once we arrived back home he took my passport and PR card by force and torn them off to prevent me from getting back to Canada because he is afraid that when I return i will tell the police about him and he would go to jail.
So he returned by himself to Canada saying that he will cancel my PR by telling CIC that i lied about our sponsorship application which is not true at all he is just lying to prevent me from getting back to Canada so that he won't face any consequences with the police.
So i applied for an urgent PR travel document at the Canadian Visa office from my country listing my situation on a letter and some documents to prove my permanent Resident and my husband abusive behaviour.
1-Do you think they would refuse my travel document ?!
2-How long does it take for the visa office to get back to you ?!
3-Do you think my husband is able to cancel my PR within 20 days ?!
4-Does CIC just take decision to cancel my PR while I'm outside Canada and without investigating with both of us ?!
5-If CIC made decision to revoke my PR, What can i do to get back my rights from my husband and to give him the punishment that he needs so that he won't hurt another girl like he did with me ?!
Thank you
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Moderator Moderator Posts: 4077
Posted On: 2/2/2016
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Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be concerned about this situation.
Unfortunately, we are unable to provide a definitive response regarding whether or not your travel document application will be approved or rejected.
According to the Operational Bulletin 480 (Modified) – November 16, 2015 - Conditional permanent residence measure for spouses and partners in relationships of two years or less and who have no children in common, there is a process to losing PR status.
The Processing instructions for cases of non-compliance include,
CIC officers may make a determination as to whether the sponsored person has failed to comply with the condition during or after the two-year condition period (section 72.4).
If the sponsored spouse or partner does not meet the condition of cohabiting in a conjugal relationship with the sponsor during the two-year conditional period and they are not eligible for an exception to the application of the condition, their permanent resident status could be revoked. An inadmissibility (section 44) report may be written on the basis of non-compliance with paragraph 41(b) of the Act and as per subsection 72.1(1) of the Regulations, as the condition imposed would not have been met. This report could be referred to the Immigration Division (ID) of the Immigration and Refugee Board (IRB) for a hearing and subsequent issuance of a removal order, if applicable.
If the removal order is issued the sponsored person may appeal the removal order before the Immigration Appeal Division (IAD) of the IRB, as per subsection 63(3) of the Act. The IAD has the authority to allow an appeal on humanitarian and compassionate grounds, which may include Best Interest of the Child (BIOC) considerations.
If the appeal is dismissed, the removal order could be enforced, permanent residence could be revoked and removal actions could be undertaken.
We suggest that it very important that you contact an organization that provides support and legal advice to women in similar situations.
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.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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