Restoring PR status possibility?

[Werdna26]

Hi there,

Looking to see what the best options are. My whole family immigrated to Canada in 1991 where we became landed immigrants.

My father returned to Asia after staying for 2 weeks and has never stepped foot back in Canada.

I seem to vaguely remember that he may have applied for a SIN during that time as well.

Fast forward to 2024, I would like him to come to Canada to live out the rest of his life.

All of my siblings are here including my mother but they have been separated for a long time now.
There is no other ties in Asia besides my dad’s siblings.

He does have health issues as well but not sure if Canada will see that as a strain to the health system.

Do you think that we can apply to restore his PR status by going the route of compassionate grounds considering his family ties are all here?

I appreciate all comments. Thanks

 

[scylla]

Hi there,

Looking to see what the best options are. My whole family immigrated to Canada in 1991 where we became landed immigrants.

My father returned to Asia after staying for 2 weeks and has never stepped foot back in Canada.

I seem to vaguely remember that he may have applied for a SIN during that time as well.

Fast forward to 2024, I would like him to come to Canada to live out the rest of his life.

All of my siblings are here including my mother but they have been separated for a long time now.
There is no other ties in Asia besides my dad’s siblings.

He does have health issues as well but not sure if Canada will see that as a strain to the health system.

Do you think that we can apply to restore his PR status by going the route of compassionate grounds considering his family ties are all here?

I appreciate all comments. Thanks

He is still a PR. The trick will be returning to Canada somehow.

Options are to apply for a PR Travel Document. Given how long he has been outside of Canada, refusal is pretty much guaranteed at which point he will officially lose his PR status. He can try applying under H&C. But again, a very hard argument to make given his history.

The other option is to fly to the US (this requires a US visa) and then to re-enter Canada through a US/Canada long border using a private vehicle. He would need to hope he is not reported for failing to meet the residency requirement, then live in Canada for two years straight to meet the residency obligation, and only then renew his PR card. During the wait time before he has a valid PR card again, you should assume it will not be possible for him to obtain health care coverage through the provincial system. Assume you will need to either buy private insurance or pay for the costs out of pocket.

If neither of these ends up being feasible and you want to submit a net new PR application under H&C, this requires him to be phyiscally in Canada to apply. So he would have to start by renouncing his PR status officially (assuming it hasn't already been revoked by a refused PRTD), then he would need to apply for a TRV, then fly to Canada, then submit an H&C application. Downside of the H&C application is that it is around 2 years of processing (with no guarantee of approval, of course) and you should assume he will not qualify for any health care coverage for a minimum of one year.

There's no clear cut path unfortunately.

 

[Werdna26]

He is still a PR. The trick will be returning to Canada somehow.

Options are to apply for a PR Travel Document. Given how long he has been outside of Canada, refusal is pretty much guaranteed at which point he will officially lose his PR status. He can try applying under H&C. But again, a very hard argument to make given his history.

The other option is to fly to the US (this requires a US visa) and then to re-enter Canada through a US/Canada long border using a private vehicle. He would need to hope he is not reported for failing to meet the residency requirement, then live in Canada for two years straight to meet the residency obligation, and only then renew his PR card. During the wait time before he has a valid PR card again, you should assume it will not be possible for him to obtain health care coverage through the provincial system. Assume you will need to either buy private insurance or pay for the costs out of pocket.

If neither of these ends up being feasible and you want to submit a net new PR application under H&C, this requires him to be phyiscally in Canada to apply. So he would have to start by renouncing his PR status officially (assuming it hasn't already been revoked by a refused PRTD), then he would need to apply for a TRV, then fly to Canada, then submit an H&C application. Downside of the H&C application is that it is around 2 years of processing (with no guarantee of approval, of course) and you should assume he will not qualify for any health care coverage for a minimum of one year.

There's no clear cut path unfortunately.

Thanks for the quick response. Assuming we take the path of entering Canada via land border, is he suppose to provide his old IMM1000 or should he come in as a visitor on his foreign passport.

 

[scylla]

Thanks for the quick response. Assuming we take the path of entering Canada via land border, is he suppose to provide his old IMM1000 or should he come in as a visitor on his foreign passport.

He needs to provide his old IMM1000. He cannot enter as a visitor without an approved TRV and he cannot get a TRV without first renouncing PR status. There's likely a high chance he would be reported if he enters through the land border given how long it's been since he's been in Canada. If he is reported, he will be allowed to enter Canada but the report will trigger the loss of his PR status which he will then need to appeal.

 

[canuck78]

Would be prepared to pay out of pocket for all medical for around 2.5 years if he is someone able to enter Canada without getting reported or is able to get a TRV which may be very difficult given his age, health and ties to Canada. Insurance will only cover emergency medical issues not related to preexisting conditions typically. Accessing care may also difficult without provincial insurance. Given your father never lived in Canada assume you must have had a plan for what would happen as he aged and was unable to come to Canada.

 

[Werdna26]

Thank you, medical cost is definitely a considering factor.

Hypothetically speaking, do you think a spousal sponsorship would be the best route after renouncing PR?

 

[scylla]

Thank you, medical cost is definitely a considering factor.

Hypothetically speaking, do you think a spousal sponsorship would be the best route after renouncing PR?

Do you mean through your mother? If so, then hypothetically speaking your father would be speeding down a path ending in refusal and a five year misrepresentation ban.

 

[Werdna26]

Thanks for the warning. I was just thinking IF my parents were never separated. However, as you mentioned, there is no clear path.

Appreciate your feedback!

 

[scylla]

Thanks for the warning. I was just thinking IF my parents were never separated. However, as you mentioned, there is no clear path.

Appreciate your feedback!

If they had never separated they would be living together and there would be no issue with your father's residency requirement.

 

[canuck78]

Thanks for the warning. I was just thinking IF my parents were never separated. However, as you mentioned, there is no clear path.

Appreciate your feedback!

Assume your father hasn’t been filing taxes in Canada for years if not ever (which he was required to do likely for many years/decades given ties to Canada - wife before being able to establish no relationship (which may not have been enough for CRA) and dependent children. If your parents were married that would be part of the proof you should be ready to submit along with time spent together in person over 3 decades. Again immigration fraud will only hurt your mother and your father so don’t try it. After not settling in Canada people can’t expect that parents will easily be able to return and this should have been a consideration in the 90s or even early 2000s when he never settled in Canada. Would also add that if your father was the one who qualified for PR the intention was for the whole family to live in Canada not only those who arrived as dependents. Your father never seems to have attempted to establish a life in Canada.