When you apply for a travel document from outside Canada, CIC makes a “Permanent Residency Status Determination” to establish that you continue to maintain your permanent residence status and are therefore entitled to the travel document to return to Canada. If you are found to have not met the residency requirements, your application for travel document will be refused. You will have 60 days from the date of the refusal letter to appeal the decision at the Immigration Appeal Division in Canada. If you have not spent at least one day in the last 365 days, then your Travel Document Application will be refused.
If an applicant requests the issuance of a travel document subsequent to the receipt of a refusal letter, there will be situations where a travel document may be issued with a validity period of fewer than six months. One such situation is when permanent residents do not meet the residency requirement but have been in Canada at least once in the past 365 days. Permanent residents in this situation are allowed to enter Canada during the 60-day appeal period even if they have not yet filed an appeal.
If this is also refused, you can file the appeal and submit an application to appear in person at the appeal hearing to the IAD. The IAD may find that your attendance through teleconference is sufficient but if it finds that your presence is necessary at the hearing, an order will be issued allowing you to enter Canada for the specific purpose of attending the hearing.
It is strongly advised that you consult a qualified and experienced representative to provide you with the adequate legal recommendations.
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