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Can I get a PR card after applying for tourist extension?

cmccaughna

Newbie
Sep 27, 2018
9
1
I'm a US (and Irish) citizen who immigrated to Canada with my entire family in 1967. After leaving and returning several times due to my father's work, I went all through high school in Ontario (1972-1976, grades 9 through 13). Since then I have lived outside of Canada for about 40 years. Recently, I came to Canada in June of 2016 and have been in Canada for over two years continuously so I have met the Residency Obligation requirement and want to apply for a Permanent Residency Card. However, my main concern is that contrary to some of the advice given in the forums here not to contact IRCC for anything during the RO period I DID apply for a visitor's extension and then applied for a reinstatement after the extension expired, and that extension expires September 30, 2018. The reason I gave on the reinstatement application for not reapplying prior to expiration is that I wasn't sure if I even needed to apply for a visitor's extension this time or the first time as I was a landed immigrant, and I submitted a scan of my 1967 Canadian Immigration Identification Card along with a scan of my SIN card. Consequently, I was assigned a UCI number. Should I put my UCI number on the Application For A Permanent Resident Card and did I mess things up for myself by applying for a visitor's extension?
 

scylla

VIP Member
Jun 8, 2010
95,818
22,098
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I'm a US (and Irish) citizen who immigrated to Canada with my entire family in 1967. After leaving and returning several times due to my father's work, I went all through high school in Ontario (1972-1976, grades 9 through 13). Since then I have lived outside of Canada for about 40 years. Recently, I came to Canada in June of 2016 and have been in Canada for over two years continuously so I have met the Residency Obligation requirement and want to apply for a Permanent Residency Card. However, my main concern is that contrary to some of the advice given in the forums here not to contact IRCC for anything during the RO period I DID apply for a visitor's extension and then applied for a reinstatement after the extension expired, and that extension expires September 30, 2018. The reason I gave on the reinstatement application for not reapplying prior to expiration is that I wasn't sure if I even needed to apply for a visitor's extension this time or the first time as I was a landed immigrant, and I submitted a scan of my 1967 Canadian Immigration Identification Card along with a scan of my SIN card. Consequently, I was assigned a UCI number. Should I put my UCI number on the Application For A Permanent Resident Card and did I mess things up for myself by applying for a visitor's extension?
You shouldn't have been able to apply for a visitor visa extension if you are a PR. PRs are not entitled to visitor visas or visitor status. If your visitor extension was approved, that would make me concerned that at some point in the past you actually officially lost your PR status - but you're not aware of this. Guess you'll find out when you apply for a new PR card...
 

vensak

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Jul 14, 2016
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It might even be that he actually never was a PR to begin with. He might have had temporary status as a dependent child during the time if his father has a work visa.

Now way there would be any visitor visa extensions approved if he was identified as a PR. Unless the authorities were under assumptions that he is not a PR.

So either he was PR in the past but he failed to disclose is properly or he never was PR in the past and then being 2 years in Canada has no sense at all.
 
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cmccaughna

Newbie
Sep 27, 2018
9
1
You shouldn't have been able to apply for a visitor visa extension if you are a PR. PRs are not entitled to visitor visas or visitor status. If your visitor extension was approved, that would make me concerned that at some point in the past you actually officially lost your PR status - but you're not aware of this. Guess you'll find out when you apply for a new PR card...
The Government of Canada immigration website states:

"Losing your permanent resident status
You don’t lose your permanent resident status when your PR card expires. You can only lose your status if you go through an official process.

You can lose your permanent resident status if:

  • an adjudicator determines you are no longer a permanent resident after an inquiry or PRTD appeal
  • you voluntarily renounce your permanent resident status;
  • a removal order is made against you and comes into force; or
  • you become a Canadian citizen.
Even if you don't meet the residency obligation, you are still a PR until an official decision is made on your status."

As far as I know I never went through an official process to lose my PR status and neither did I ever voluntarily renounce it, so I don't know how I could have lost it at some point in the past and not be aware of it. This application will be for my first PR card because I never had one before. I don't think there was such as thing as a PR card back in the the 60's and 70's. No one in my family had one and I went to school, worked, got a driver's license, had health insurance etc. without one, although I did have a Social Insurance Card.
 

cmccaughna

Newbie
Sep 27, 2018
9
1
It might even be that he actually never was a PR to begin with. He might have had temporary status as a dependent child during the time if his father has a work visa.

Now way there would be any visitor visa extensions approved if he was identified as a PR. Unless the authorities were under assumptions that he is not a PR.

So either he was PR in the past but he failed to disclose is properly or he never was PR in the past and then being 2 years in Canada has no sense at all.
It's my understanding that my entire family immigrated to Canada in 1967, including my two older brothers who were both over age 18 at that time. We all received these little yellow cards that say "Canadian Immigration Identification Card." My oldest brother remained in Canada and became a Canadian citizen in the 1970's. I don't think my adult brother could have done that if my father only had a work visa. I'm wondering if I wasn't identified as a PR when I applied for the visitor extension because back in the 60's as I ten year old I think I was on my mothers passport and therefore didn't have my own passport number identifier? I suppose I shouldn't have applied for the visitor extensions, could that mess my current application for first PR card up? I guess that depends on how the result of that application turns out.
 

scylla

VIP Member
Jun 8, 2010
95,818
22,098
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
The Government of Canada immigration website states:

"Losing your permanent resident status
You don’t lose your permanent resident status when your PR card expires. You can only lose your status if you go through an official process.

You can lose your permanent resident status if:

  • an adjudicator determines you are no longer a permanent resident after an inquiry or PRTD appeal
  • you voluntarily renounce your permanent resident status;
  • a removal order is made against you and comes into force; or
  • you become a Canadian citizen.
Even if you don't meet the residency obligation, you are still a PR until an official decision is made on your status."

As far as I know I never went through an official process to lose my PR status and neither did I ever voluntarily renounce it, so I don't know how I could have lost it at some point in the past and not be aware of it. This application will be for my first PR card because I never had one before. I don't think there was such as thing as a PR card back in the the 60's and 70's. No one in my family had one and I went to school, worked, got a driver's license, had health insurance etc. without one, although I did have a Social Insurance Card.
We are all extremely familiar with the rules here and how PR status is retained and lost. Again, what doesn't make sense in your case is the fact your visitor extension was approved. What you should have been told by IRCC is that you don't qualify for a visitor extension since you have PR status. Of course always some chance they made a mistake. And to answer your original question, no - it wasn't a good idea to apply. But what's done is done.

To answer your most recent question, there is always the possibility that you could have lost your PR status through the actions of your parents given the age you were when you left Canada. There's a possibility they did something (applied for something) on behalf of the entire family that resulted in a loss of PR status for you - but that you were never aware they did this (or perhaps they didn't understand the implications of what they did). We do see that happens here from time to time.
 
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scylla

VIP Member
Jun 8, 2010
95,818
22,098
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
It's my understanding that my entire family immigrated to Canada in 1967, including my two older brothers who were both over age 18 at that time. We all received these little yellow cards that say "Canadian Immigration Identification Card." My oldest brother remained in Canada and became a Canadian citizen in the 1970's. I don't think my adult brother could have done that if my father only had a work visa. I'm wondering if I wasn't identified as a PR when I applied for the visitor extension because back in the 60's as I ten year old I think I was on my mothers passport and therefore didn't have my own passport number identifier? I suppose I shouldn't have applied for the visitor extensions, could that mess my current application for first PR card up? I guess that depends on how the result of that application turns out.
Yes - it's possible they failed to identify you and that's why you were able to get the extension. Also some chance (as I mentioned above) that your parents did something that resulted in your PR status being officially lost. You'll find out when you apply to renew your PR card. Good luck...
 
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vensak

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Jul 14, 2016
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well in that case you might have a case of misinterpretation as you should have properly informed about your situation. Usually in all kind of application form there is a question if you have ever applied for any kind of visa in Canada before. That one should have been answered yes with the proper explanation. Of course that would lead most likely to deny such request (as you would have no right to get it approved in a first place).
Same question is given when entering Canada, where again you are supposed to declare your status.
Not to mention that you were supposed to identify yourself with a correct UCI (that is a number that is given only once and it will not change even if your immigration status does change).

This case looks to me that you were not identified properly which is bad. Since in order to apply for your PR card you need to prove that you have lived 2 years in Canada which might and most likely be a problem.

You need to do following:
1. find your old landing paperwork and find out your UCI at that time. Compare it with your current UCI. If they are different you have a problem there.
2. get your GCMS notes to see how were you identified when applying for your visa extension.
3. And yes this case might need a lawyer.
 
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cmccaughna

Newbie
Sep 27, 2018
9
1
Have you been working in Canada? Do you have a SIN? Did you file taxes? Did you get a health card?
I haven't been working in Canada. I did have summer jobs and jobs during school holidays when I was in high school in Ontario, but that was back in the 1970's. I do have a SIN card which has been dormant since then. I don't remember if I filed taxes on income from those jobs but since they were only summer/temporary jobs and there was probably withholding and I would likely have been due money back, I probably did. I don't remember having a health card but I did get health care back then. Things weren't so formal back then it seems.
 

scylla

VIP Member
Jun 8, 2010
95,818
22,098
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
1. find your old landing paperwork and find out your UCI at that time. Compare it with your current UCI. If they are different you have a problem there.
I don't think the UCI system was in place back in the '60's.

Agreed it would be good to get the GCMS notes for the visitor visa extension to see what they say.
 
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cmccaughna

Newbie
Sep 27, 2018
9
1
well in that case you might have a case of misinterpretation as you should have properly informed about your situation. Usually in all kind of application form there is a question if you have ever applied for any kind of visa in Canada before. That one should have been answered yes with the proper explanation. Of course that would lead most likely to deny such request (as you would have no right to get it approved in a first place).
Same question is given when entering Canada, where again you are supposed to declare your status.
Not to mention that you were supposed to identify yourself with a correct UCI (that is a number that is given only once and it will not change even if your immigration status does change).

This case looks to me that you were not identified properly which is bad. Since in order to apply for your PR card you need to prove that you have lived 2 years in Canada which might and most likely be a problem.

You need to do following:
1. find your old landing paperwork and find out your UCI at that time. Compare it with your current UCI. If they are different you have a problem there.
2. get your GCMS notes to see how were you identified when applying for your visa extension.
3. And yes this case might need a lawyer.
The request for visitor's extension did ask if I had ever been a landed immigrant in Canada to which I answered yes. At that point the instructions say "STOP you may still be a permanent resident" and it gives a link for the definition. It wasn't clear to me at the time whether I was or wasn't a PR so I figured I should submit the application for visitor's extension to be safe. In hindsight and after discovering this forum it seems it would have best not to do that, but it was already done. Other than being a landed immigrant in as a child in 1967 I had not ever applied for any kind of visa in Canada before. In the last 20 years I have been in and out of Canada many times and did not think to state I was a landed immigrant or PR. I've never had a PR card. As far as I know I have never had a UCI before being granted the visitor's extension. All I have is a little yellow bi fold piece of paper, "Canadian Immigration Identification Card," (IMM.1000 (REV. 8-65) (U.K.) The original immigration was from the U.K. There is no UCI number on it. Did UCI's even exist back then? It's just a small document typed out with my name, DOB, place of birth and stamped by Canada Immigration with the date of arrival and the ship we arrived on and states the rightful holder is a landed immigrant. As far as proving I have lived in Canada for two years I have only the airline itineraries and the fact that I have lived either with my brother in Toronto and my high school friend in British Columbia and ATM receipts and other receipts, that type of thing, and the fact that I applied for the visitor's extensions (2) from Canada. At this point I'm unsure whether to apply for the PR card or not. The visitor's extension expired yesterday (September 30) so that concerns me. I will request the GCMS notes and perhaps see what they say first. I'm in a pretty remote part of BC so an immigration lawyer will be scarce around here although I suppose a nearby physical office might not be necessary.
 

vensak

VIP Member
Jul 14, 2016
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Check the notes, that one is important. it seems that the whole system has now identified you as a non PR. So going for PR can result in the possibilities:
1. PR card being denied as you are not as a PR in the system.
2. Investigation started since you should have never obtained a visitor visa as a PR.
And of course there is a chance that somewhere in the past your PR was cancelled (that would be done by your parents most likely).

But for sure you were supposed to go that website and read the instructions there first before going anywhere further.

Anyway it is difficult to say what will it do with a PR application.
The recommendation is not to go simply ahead before doing a consultation on your case.
 
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cmccaughna

Newbie
Sep 27, 2018
9
1
I don't think the UCI system was in place back in the '60's.

Agreed it would be good to get the GCMS notes for the visitor visa extension to see what they say.
OK, I have applied for those today and will update when received. Thanks so much to all of you for your help.
 
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cmccaughna

Newbie
Sep 27, 2018
9
1
I have received the GCMS notes for the visitor visa extension and it appears I have been designated as a foreign national. Is there something else I should be looking for, there are 30 pages?