MY PR CARD EXPIRED IN 2008

[hssingh]

Hi all,

please give me guidance on the following situation:

my father had got PR visa in 2003 and our whole family (4 of us) went to canada in 2003 on that PR visa.
i was a minor then in 2003 aged around 15 years. as my father was working here in India so we didn't stay long in canada then.
we all returned to canada again in 2006 but were told we do not fulfill the conditions for residency and we came back after staying there for few days.
then i started my college studies in india and have been working in india for long now. i have not visited canada since 2006 but have visited various countries since then like USA. i also have valid US tourist visa.

i wanted to know that shall or can i apply for PRTD travel document ? i have not applied for any type of visa or documents in canada since then.
i am 30 years now and married.
if not can i apply afresh in express entry?

thanks in advance

 

[scylla]

Hi all,

please give me guidance on the following situation:

my father had got PR visa in 2003 and our whole family (4 of us) went to canada in 2003 on that PR visa.
i was a minor then in 2003 aged around 15 years. as my father was working here in India so we didn't stay long in canada then.
we all returned to canada again in 2006 but were told we do not fulfill the conditions for residency and we came back after staying there for few days.
then i started my college studies in india and have been working in india for long now. i have not visited canada since 2006 but have visited various countries since then like USA. i also have valid US tourist visa.

i wanted to know that shall or can i apply for PRTD travel document ? i have not applied for any type of visa or documents in canada since then.
i am 30 years now and married.
if not can i apply afresh in express entry?

thanks in advance

A PRTD will be refused and will result in your PR status being revoked. If you want to try to keep your old PR status, your only option would be to fly to the US and to try to enter Canada by land without being reported for failing to meet the residency requirement. If you are reported, you'll have to appear at a hearing and will end up losing our PR status (and will then have to leave Canada). If you are not reported, you will need to live in Canada for 2 years straight without leaving before you will be able to renew your PR card and safegaurd your PR status. During these two years, you will not be able to sponsor your family for PR and may have to be separated from them. Depending on the circumstances, it may also be difficult for you to obtain certain things like health care coverage because you won't be in possession of a valid PR card.

You can certainly apply for PR from scrach through Express Entry. However before you can do that - you'll need to officially renounce your PR status.

 

[scylla]

Thanks

What is the process to renounce the status?

http://www.cic.gc.ca/english/information/applications/guides/5781ETOC.asp

 

[canuck_in_uk]

Hi all,

please give me guidance on the following situation:

my father had got PR visa in 2003 and our whole family (4 of us) went to canada in 2003 on that PR visa.
i was a minor then in 2003 aged around 15 years. as my father was working here in India so we didn't stay long in canada then.
we all returned to canada again in 2006 but were told we do not fulfill the conditions for residency and we came back after staying there for few days.
then i started my college studies in india and have been working in india for long now. i have not visited canada since 2006 but have visited various countries since then like USA. i also have valid US tourist visa.

i wanted to know that shall or can i apply for PRTD travel document ? i have not applied for any type of visa or documents in canada since then.
i am 30 years now and married.
if not can i apply afresh in express entry?

thanks in advance

It sounds like when you returned in 2006, you may have been reported for not meeting the RO, which would have resulted in the loss of your PR status. You should try to confirm what happened at that entry, as your PR status may already be gone and you don't need to renounce.

 

[vensak]

It sounds like when you returned in 2006, you may have been reported for not meeting the RO, which would have resulted in the loss of your PR status. You should try to confirm what happened at that entry, as your PR status may already be gone and you don't need to renounce.

Yes that is exactly the same thing I see there. So check first with your family what exactly happened there. As you might either got issued warning or the PR removal itself. Anyway, even with warning, your secondary review is more or less certain (it will be on your file). So what H&C reasons did you have not to be in Canada? (and yes you can by now forget about being removed as a minor plead. Given your age, that train left long ago.)

 

[hssingh]

It sounds like when you returned in 2006, you may have been reported for not meeting the RO, which would have resulted in the loss of your PR status. You should try to confirm what happened at that entry, as your PR status may already be gone and you don't need to renounce.

ok thanks
but how can i know what action did they took when i went in 2006

 

[hssingh]

Yes that is exactly the same thing I see there. So check first with your family what exactly happened there. As you might either got issued warning or the PR removal itself. Anyway, even with warning, your secondary review is more or less certain (it will be on your file). So what H&C reasons did you have not to be in Canada? (and yes you can by now forget about being removed as a minor plead. Given your age, that train left long ago.)

on the stamp put on my passport in 2006 when i returned after 3 years they wrote RR and below that: left canada in 2003.
then they wrote a number above the immigration stamp.

and the H&C ground for me was that i was a minor at that time and i wanted admission to a particular college but could not. then i started college in india.

 

[vensak]

on the stamp put on my passport in 2006 when i returned after 3 years they wrote RR and below that: left canada in 2003.
then they wrote a number above the immigration stamp.

and the H&C ground for me was that i was a minor at that time and i wanted admission to a particular college but could not. then i started college in india.

as said removed as minor is a train that left for you in 2006 (that is when you turned 18 according to what you said). Since then 13 years passed. You had enough time to travel to USA and what not, but not enough to move in Canada. That road will be a complete waste of time for you.

From what you describe, it looks more like you were warned that you are cutting it really close in 2006. (most logical for RR is Returning Resident). Because if you were in breach you would get additional paperwork with it followed by a PFL. And yes it is highly probable, that that statement is on your record. Yes, questions like when did you leave Canada and how long did you stay abroad (outside Canada) are very very common.

 

[canuck78]

as said removed as minor is a train that left for you in 2006 (that is when you turned 18 according to what you said). Since then 13 years passed. You had enough time to travel to USA and what not, but not enough to move in Canada. That road will be a complete waste of time for you.

From what you describe, it looks more like you were warned that you are cutting it really close in 2006. (most logical for RR is Returning Resident). Because if you were in breach you would get additional paperwork with it followed by a PFL. And yes it is highly probable, that that statement is on your record. Yes, questions like when did you leave Canada and how long did you stay abroad (outside Canada) are very very common.

I disagree. I think the whole family lost there PR. Why would the family have left right away and never returned. Not even the sion who wanted to study in Canada. OP was a child at the time and his parents may be the ones who were aware that they lost their PR.

 

[canuck_in_uk]

ok thanks
but how can i know what action did they took when i went in 2006

You need to tall to your parents. If you were all reported, they should have the documentation.

 

[scylla]

on the stamp put on my passport in 2006 when i returned after 3 years they wrote RR and below that: left canada in 2003.
then they wrote a number above the immigration stamp.

and the H&C ground for me was that i was a minor at that time and i wanted admission to a particular college but could not. then i started college in india.

H&C grounds do not apply since your family never spend significant time in Canada and never established ties.

 

[vensak]

I disagree. I think the whole family lost there PR. Why would the family have left right away and never returned. Not even the sion who wanted to study in Canada. OP was a child at the time and his parents may be the ones who were aware that they lost their PR.

not really. He told, that he was 15 in 2003, that would make him 17-18 in 2006. And that also makes him around 31-32 years old now.
So if he was 18 at that time, that would make him adult. of course he did not state exact entry dates (for example if they arrived late 2003 - October / November and they returned early 2006 - April / May; they would only get warning.
Especially if he just turned 18 when entering in 2006, that war regarded as removed minor returning.
Later on he disclosed, that he wanted to study in a specific college. So by best guess, that is why they all went in. He was not accepted so they all returned home.

So if even if his PR is not yet lost, he has no H&C ground. Sorry but 31 years old chap that finished his studies, worked good part and traveled around the world is not a removed as minor material anymore.

 

[vensak]

H&C grounds do not apply since your family never spend significant time in Canada and never established ties.

He is 30+ now, even if he stayed years as minor in Canada, that would be all completely useless.