Re-installation of PR lost by voluntary renunciation

[day13g52]

Hi experts,

I lost my PR when I could not fulfil residency obligations in 2014 ( PR period was 2009 - 2014). My family was living in Canada (and they are Canadian citizens now) while I opted to continue with my employment outside Canada for personal reasons. However, I filed Canadian tax for my overseas income upto 2014. After 2014 when my PR card expired, I could not visit my family. When I approached the Canadian Embassy in the country where I am employed, the officer confirmed that in order to visit Canada I have to apply for a visitor visa and to do that I had to first cancel my PR status. Technically at that point I could not renew my PR status as I had not completed the 730 day requirement and I had to agree for a voluntary renunciation of my PR status. Canadian Immigration cancelled my PR status (they issued me a letter confirming that) and my passport was stamped with a 10 year visitor visa and since 2014, I have been visiting my family using the visitor visa.

In about 1 year time, I hope to retire from my overseas employment and want to join my family in Canada. I am aware about the visitor visa types (Multiple entry and Super Visa), but I would like to get back my PR status. My two sons are Canadian Citizens now and are employed after graduation. My wife still is a Canadian PR.

Please confirm the easiest way to get back my PR status. Do I have to go thru the same procedure when I first applied for PR in 2007-2008 time?

I thank you in advance for your feedback.

Regards

day13g52

 

[vensak]

Hi experts,

I lost my PR when I could not fulfil residency obligations in 2014 ( PR period was 2009 - 2014). My family was living in Canada (and they are Canadian citizens now) while I opted to continue with my employment outside Canada for personal reasons. However, I filed Canadian tax for my overseas income upto 2014. After 2014 when my PR card expired, I could not visit my family. When I approached the Canadian Embassy in the country where I am employed, the officer confirmed that in order to visit Canada I have to apply for a visitor visa and to do that I had to first cancel my PR status. Technically at that point I could not renew my PR status as I had not completed the 730 day requirement and I had to agree for a voluntary renunciation of my PR status. Canadian Immigration cancelled my PR status (they issued me a letter confirming that) and my passport was stamped with a 10 year visitor visa and since 2014, I have been visiting my family using the visitor visa.

In about 1 year time, I hope to retire from my overseas employment and want to join my family in Canada. I am aware about the visitor visa types (Multiple entry and Super Visa), but I would like to get back my PR status. My two sons are Canadian Citizens now and are employed after graduation. My wife still is a Canadian PR.

Please confirm the easiest way to get back my PR status. Do I have to go thru the same procedure when I first applied for PR in 2007-2008 time?

I thank you in advance for your feedback.

Regards

day13g52

There is no earliest possible date in your case.
Right now you have following options:
1. Try to get PR on your own. I am just estimating that at this point you are 50+. That one will be rather difficult. From what you have told you either worked very little or not at all in Canada, so I doubt you can get any bonus points there. You might have chance through a provincial program (all depends where your family lives).
2. Try to wait for your children to join the parents and grand parents sponsorship lottery. This has several catches:
- they have to be willing to do that
- their income would have to be big enough to support you
- they would have to keep that income during whole process.
- and they would have to be lucky (current chance to be chosen is app. 10%, so it can happen in a first year, in 5 or 10 years or never)

And of course in both options you would have to prove that you will not be a burden to the health insurance system in Canada.

Honestly it would have been much easier for you to stay in Canada those 5 years and to get citizenship.

 

[evdm]

@vensak has given you a very detailed and well reasoned answer.

I would add to it that if your wife is a PR living in Canada who is fully in compliance with the Residency Obligation, she can sponsor you under the spousal category. This would perhaps be the easiest route to go down.

As you have renounced your PR status, you must qualify through any of the channels available just as anyone else. There's no fast-track or restoration process. You are now a new applicant for PR status.

 

[vensak]

@vensak has given you a very detailed and well reasoned answer.

I would add to it that if your wife is a PR living in Canada who is fully in compliance with the Residency Obligation, she can sponsor you under the spousal category. This would perhaps be the easiest route to go down.

As you have renounced your PR status, you must qualify through any of the channels available just as anyone else. There's no fast-track or restoration process. You are now a new applicant for PR status.

Yes he has also that option. But again his spouse would have to be willing to do that as well. And his spouse could not use the social assistance help during the sponsorship period.
In that case he would have to go through all those beauties of checking if the relationship is genuine.
If however he is separated or divorced, than that option is not valid at the moment.

 

[canuck78]

If you family remained in Canada after 2014 the needed to declare your income on their taxes.

 

[katyspring]

@vensak has given you a very detailed and well reasoned answer.

I would add to it that if your wife is a PR living in Canada who is fully in compliance with the Residency Obligation, she can sponsor you under the spousal category. This would perhaps be the easiest route to go down.

As you have renounced your PR status, you must qualify through any of the channels available just as anyone else. There's no fast-track or restoration process. You are now a new applicant for PR status.

@vensak has given you a very detailed and well reasoned answer.

I would add to it that if your wife is a PR living in Canada who is fully in compliance with the Residency Obligation, she can sponsor you under the spousal category. This would perhaps be the easiest route to go down.

As you have renounced your PR status, you must qualify through any of the channels available just as anyone else. There's no fast-track or restoration process. You are now a new applicant for PR status.

Hi there. Do you by any chance know of someone who has gone through this process? As this is exacltly my case I need to be in touch with such a person. Could you kindly assist me with that? Thanks in advance.

 

[canuck_in_uk]

Hi there. Do you by any chance know of someone who has gone through this process? As this is exacltly my case I need to be in touch with such a person. Could you kindly assist me with that? Thanks in advance.

Hi

You don't need to be in touch with someone who has done this before. You just follow the same sponsorship process as everyone else. It is no different for someone who used to be a PR.

 

[katyspring]

Hi

You don't need to be in touch with someone who has done this before. You just follow the same sponsorship process as everyone else. It is no different for someone who used to be a PR.

Thank you Canuck for your reply. I have already done so in fact. Yeaterday I got this email, requiring my husband ( who has once renounced his PR status) to send out evidence that he is terminating job and ties back home , and also to show evidence on how he is planning for a job and settlement in Canada. I need to know if anyone has had same experience?

 

[canuck_in_uk]

Thank you Canuck for your reply. I have already done so in fact. Yeaterday I got this email, requiring my husband ( who has once renounced his PR status) to send out evidence that he is terminating job and ties back home , and also to show evidence on how he is planning for a job and settlement in Canada. I need to know if anyone has had same experience?

Does he have the evidence that they are asking for?

 

[Buletruck]

And does he actually intend to settle in Canada this time?

 

[katyspring]

Does he have the evidence that they are asking for?

Not yet . It is not reasonable to quit your job before getting the approval on your PR application, is it? And if it is about selling assets and transferring funds to Canada , we have done so about the better part of our assets eventhough based on law, it is not a requirement for one to obtain Canadian permanent residency.

 

[katyspring]

And does he actually intend to settle in Canada this time?

Of course he is and for sure he will be able to meet the residncy requirement of 730 days in 5 yrs this time. In fact we moved permanently to Canada like 3 years after our first landing trip.for the remaining two years , my daughter and I stayed in Canada. My husband only managed to stay for about a year as he was travelling back and forth due to business obligations. So had we moved in the first year, he too would have been able to meet the min residency requirement. Anyway, this time he doesn't have that problem . The only thing is that he will be able to be physically present in Canada for fulfilling that requirement without the need to terminate his job back home . I am not sure now how to deal with their request for new documents . That is why I wanna know if someone else has had the same experience ? Is asking for such evidence part of a routine procedure or is it just about our case?

 

[canuck_in_uk]

Not yet . It is not reasonable to quit your job before getting the approval on your PR application, is it? And if it is about selling assets and transferring funds to Canada , we have done so about the better part of our assets eventhough based on law, it is not a requirement for one to obtain Canadian permanent residency.

He can state that he is unable to give notice right now without risking his job and show the other things.