Can I revive my PR?

[rohit100]

Our family applied for PR in 2001. My mother was the main applicant and I was a dependent. We got our PR in 2006 and we went to Canada to get our PR card and other documentation. Stayed there for 10 days and then came back to India. We never went back again. The PR card expired in 2011. Now, I am on a work visa in USA (work in Information technology), married to an Indian passport holder, and have a daughter (1 year old US passport holder).

Now my intent is to revive my PR status and add my wife and daughter to it. Is it possible? Or is it better to renounce this and then apply again.

My research tells me that I can legally raise an appeal for reviving my PR. Is that doable? In my case, I did not complete my residency requirements because I was in middle of my MBA, when we received PR, and I did not want to not complete my MBA and leave a successful career behind.

Reiterating my questions:

• Now my intent is to revive my PR status and add my wife and daughter to it. Is it possible? Or is it better to renounce this and then apply again in the skill-based PR
• My research tells me that I can legally raise an appeal for reviving my PR. Is that doable?

 

[Buletruck]

IMO, better to renounce and re-apply. Your reasons for not meeting RO (Study) are weak as grounds for H&C and apart from taking several years to get a result, your chances of a successful appeal are pretty low. If you did manage to get into Canada without being reported for RO, you would need to wait until you are well within compliance to sponsor your spouse and child. Realistically, you would bee looking at least 2 years until you could sponsor them, plus the additional time it takes to sponsor them (12 months approx.). During that time your family may or may not be allowed a TRV to Canada, but would not be able to take advantage of health benefits and other social safety nets.
If you have the points to apply for one of the immigration streams available, you could probably wrap up the whole thing from start to finish in under 18 months if you renounced.

 

[Rob_TO]

Not possible to add wife/daughter. You can't sponsor them for PR since you are not in compliant with the Residency Obligation.

You can appeal, but your chances would not be good. Typically education and work related reasons are considered your personal choices for not living in Canada, not true H&C reasons. So I would guess any appeal would just end in rejection later on.

Other option is to "sneak" back into Canada and hope you're not reported for RO violation by CBSA upon entry, then stay here for 2 years without leaving for any reason. This could be very difficult with no PR card, and with your family who would need to stay as visitors all this time. Would be practically impossible if you didn't happen to get a SIN at your first landing back in 2006.

If you qualify, then renouncing PR and applying from scratch with your family, could be the best option.

 

[urvijas]

Hello community. Let me explain my situation.

Got PR in 2003 and landed in Canada in Dec 2003 (me and husband he was primary applicant). Stayed and worked in Canada till May 2006. Came back due to the following reasons:
1. Not able to conceive a child
2. Not many jobs in my filed during that year
3. Parents were alone back in India and needed financial and emotional support (both have passed away now in last 3 yrs)
4. Got a better job back in India

I want to apply for reviving PR on the following grounds:
1. Job market has changed over the years and husband work for a top MNC with good presence in Canada
2. I have a child now and would like for him to immigrate to Canada for better future (that was original thought when we moved)

Please suggest

 

[Bs65]

@urvijas
You cannot ‘revive’ your PR as you no longer meet the residency obligation 2 years out of every 5 and the only way would be to be in Canada in any case To reset the residency.

Neither of your two reasons you quote would be valid for H&C reasons to retain your PR after 13-14 years away.

Even financial and emotional support for your parents might be a stretch given you would have known this when first moved in 2003 and points 1/2 would not come into the discussion.

Even to travel back you would need a valid PR card or a PRTD . If you applied for the latter after such a long time away it is likely your PR status would be revoked And you cannot renew a card from outside of Canada but result would be same anyway.

You could with a US visa look at entering via the US land border but the odds having status revoked could still be high and once in Canada you would need to stay put for 2 plus years to reset the residency.

 

[urvijas]

OK was thinking of applying for PRTD, then should I get the PR revoked bu directly contacting CIC and then do a fresh PR I guess

 

[Buletruck]

Also keep in mind that if you did manage to enter Canada unreported, you would not be able to sponsor your child for 2 years until you meet residency obligation. You may face being separated from your child.

 

[urvijas]

Thanks for the support. Best is to renounce and do a fresh application I guess. Maybe will check this forum for Express Entry system

 

[pdhandwar]

Got my PR in 2008, my father was main applicant. Received SIN no. and PR card within 3 months of arrival. I was a minor then. I had to come back to India after 3 months to live with my sick maternal grandmother. Plan was to live in India for 3 years and complete my Graduation and move back just in time to fulfill 2 years residency requirement.
My parents after living in canada for almost 2 years and struggling to get a decent opportunity ultimately came back in 2010. They lost most of their savings in the process, hence were unable to send me to canada. I completed my graduation in 2012, but i was unable to secure any job, My parents sponsored my further studies in India and advised me against moving to Canada, which i complied to as i had no financial avenues due to high level of unemployment. So at the end My PR card expired in 2013

Present scenario: i am working in a PSU bank in india for last 2.5 years. I often ponder upon what my life would have been if i stayed in canada for all these years. I compare my life with my school friends who have moved to canda in last 5-6 years and are better financially.

I am giving serious thought to moving to Canada as i am recently married and do not see a good future for me and my family here in India.

I am confused as to what is the best way of moving back to canada ? Should i apply for a PR revival ? Or should i apply as a fresh applicant in Express Entry system ? If i apply as a fresh applicant , should i mention my past PR status ? Somebody please help .

 

[scylla]

Got my PR in 2008, my father was main applicant. Received SIN no. and PR card within 3 months of arrival. I was a minor then. I had to come back to India after 3 months to live with my sick maternal grandmother. Plan was to live in India for 3 years and complete my Graduation and move back just in time to fulfill 2 years residency requirement.
My parents after living in canada for almost 2 years and struggling to get a decent opportunity ultimately came back in 2010. They lost most of their savings in the process, hence were unable to send me to canada. I completed my graduation in 2012, but i was unable to secure any job, My parents sponsored my further studies in India and advised me against moving to Canada, which i complied to as i had no financial avenues due to high level of unemployment. So at the end My PR card expired in 2013

Present scenario: i am working in a PSU bank in india for last 2.5 years. I often ponder upon what my life would have been if i stayed in canada for all these years. I compare my life with my school friends who have moved to canda in last 5-6 years and are better financially.

I am giving serious thought to moving to Canada as i am recently married and do not see a good future for me and my family here in India.

I am confused as to what is the best way of moving back to canada ? Should i apply for a PR revival ? Or should i apply as a fresh applicant in Express Entry system ? If i apply as a fresh applicant , should i mention my past PR status ? Somebody please help .

There is no such thing as "PR revival".

You have two options:

1) Fly to the U.S. and then try to re-enter Canada through a land border without being reported for failing to meet the residency requirement. If you are able to enter Canada without being reported, live in Canada for 2 years without leaving and then you'll be able to renew your PR card. If you are reported when you enter Canada for failing to mee the residency obligation, you should expect you will lose your PR status and be told to leave Canada. Note that you most likely will not be able to take your family with you right away. You will need to wait until you have lived in Canada for 2 years before you will be able to sponsor them for PR. So this option most likely means you will be separated from your family for around 3 years.

2) Officially renounce your PR status and apply as a fresh applicant through Express Entry.

 

[pdhandwar]

Thank you for clearing this up

 

[canuck78]

Would add that if you are currently employed I would not suggest moving to Canada until the economy is much better. The lifestyle people appear to be living in Canada does not mean people are not struggling.

 

[Juan.c]

Hello... I would like some advice about gaining back my PR. I had to leave the country in 2011 since my mother past away and hd to deal with my father lonelyness and sadness. I got my PR in 2003... Here in Argentina the economy is not so good. I have a family with two kids. Since im a skilled trade construction worker maybe i can get a hance to revive my PR. And offer a better future for my daughters since my dad no longer need help and got a new partner. I dont know how to aply and what to aply for. I would appreciTe some advice. Thank you

 

[scylla]

Hello... I would like some advice about gaining back my PR. I had to leave the country in 2011 since my mother past away and hd to deal with my father lonelyness and sadness. I got my PR in 2003... Here in Argentina the economy is not so good. I have a family with two kids. Since im a skilled trade construction worker maybe i can get a hance to revive my PR. And offer a better future for my daughters since my dad no longer need help and got a new partner. I dont know how to aply and what to aply for. I would appreciTe some advice. Thank you

There's no such things as "reviving" your PR.

If you want to try to keep your PR status, you would need to get a US visa, fly to the US and then re-enter Canada through a land border using a private vehicle and hope you are not reported for failing to meet the residency requirement.

If you are not reported, you will then need to live in Canada for 2 years straight to meet the residency obligation before you can apply to renew your PR card. You also will not be able to sponsor your family members (partner and children) for PR until after you have lived in Canada for 2 years.

The alternative is to renounce your PR status and reapply for PR again from scratch. However this may not be easy to do depending on your age and other factors.

 

[Juan.c]

Thanks for your reply. I was aware of that option. And is it posible too if i travelled as a tourist and apeal while im in Canada?