Am i still a Permanent Resident of Canada ?

[benben]

Hi All

i migrated and landed in Canada June 1994 with my wife and daughter (2 years old then).

The next few days in Canada, i was told my grandfather had passed away.

I took the next flight out and never returned to Canada since than, i continued
to stay in my home country due to family obligation.

Now, my daughter has grown up and finishing University soon.
My family has less needs on me now and ,therefore i plan to again continue what i initially wanted, to stay in Canada.

Before getting my PR in 1994, i spent my student live in Canada
from 1981 - 1989. Meaning, i went to school since Grade 9 in
private college under student visa and i still keep those old
passport of mine.

My questions, Am i still a PR ? i still have the original landing paper signed at the airport.

Thank You all

 

[Leon]

If immigration was keeping better tabs on people, you would have lost your PR 6 months after you left because those were the residency requirements back then. Today it is 2 years out of 5.

Now, since they don't really know that you lost your PR, you haven't officially lost it yet. If you are visa exempt, you could go to Canada and if they allow you to enter without reporting you for not meeting the residency requirements, you could live in Canada for 2 years without leaving and then you meet the residency requirements again and could apply to renew your PR card. If you are not visa exempt but can get a US visa, you could go to the US, rent a car and drive to Canada showing your landing papers as you enter. Basically just try the same thing.

If they do report you for not meeting the requirements, they would let you enter Canada but you would have 30 days to appeal for your PR, listing the reasons why you couldn't meet your residency obligations.

If you do get in without a problem, you really should not leave for 2 years no matter what because the risk of getting caught a 2nd time is just too much.

Instead of just going and trying this out, you could also apply for a PR travel document at the Canadian embassy nearest to your location. Then the embassy will decide if you get to keep your PR or not.

Actually, I think it is unlikely if you apply for a travel document or end up with an appeal that they will let you keep your PR because you have been away so long but it also depends on what you have been doing. If you had pressing reasons to stay in your home country, taking care of a sick relative all those years for example, they may let you keep it.

However, your daughter has a good chance to keep her PR if she applies for a PR travel document after she graduates. She can state that she was removed from Canada as a minor through no fault of her own by her parents and that now she wants to go back to Canada and resume her PR first chance after becoming an adult. She has a pretty good chance of getting a travel document and can then go to Canada and apply for a PR card. She would however have to make sure she meets the residency requirements of 2 in 5 years in order to keep her PR in the future.

 

[Hasher]

Leon Excellent

If immigration was keeping better tabs on people, you would have lost your PR 6 months after you left because those were the residency requirements back then. Today it is 2 years out of 5.

Now, since they don't really know that you lost your PR, you haven't officially lost it yet. If you are visa exempt, you could go to Canada and if they allow you to enter without reporting you for not meeting the residency requirements, you could live in Canada for 2 years without leaving and then you meet the residency requirements again and could apply to renew your PR card. If you are not visa exempt but can get a US visa, you could go to the US, rent a car and drive to Canada showing your landing papers as you enter. Basically just try the same thing.

If they do report you for not meeting the requirements, they would let you enter Canada but you would have 30 days to appeal for your PR, listing the reasons why you couldn't meet your residency obligations.

If you do get in without a problem, you really should not leave for 2 years no matter what because the risk of getting caught a 2nd time is just too much.

Instead of just going and trying this out, you could also apply for a PR travel document at the Canadian embassy nearest to your location. Then the embassy will decide if you get to keep your PR or not.

Actually, I think it is unlikely if you apply for a travel document or end up with an appeal that they will let you keep your PR because you have been away so long but it also depends on what you have been doing. If you had pressing reasons to stay in your home country, taking care of a sick relative all those years for example, they may let you keep it.

However, your daughter has a good chance to keep her PR if she applies for a PR travel document after she graduates. She can state that she was removed from Canada as a minor through no fault of her own by her parents and that now she wants to go back to Canada and resume her PR first chance after becoming an adult. She has a pretty good chance of getting a travel document and can then go to Canada and apply for a PR card. She would however have to make sure she meets the residency requirements of 2 in 5 years in order to keep her PR in the future.

Leon Excellent

 

[benben]

Thank You Leon for such detail information.

Unfortunately, my current passport requires me
to get a Canadian visa to enter Canada.

my additional questions,

1. should i show my landing paper when i apply for Canadian visa
at the embassy, since i believe it has been expired or

i just apply for a normal tourist visa just to enter Canada.

2. assuming i do get Canadian visa to enter Canada again, should i show
the airport custom my landing paper dated back in 1994 ?

or should i just sneak into Canada like a normal tourist?

Regards

 

[Leon]

As a PR, you can not apply for a visit visa. A visit visa is for visitors, not for PR's. If you want to apply for something at the embassy, you can apply for a PR travel document. You would then state your reasons and give proof for why you could not meet the residency requirements. If they believe your reasons, for example nursing a sick relative for the last 18 years, you might get the travel document and then you can go to Canada. If they deny the travel document, they will most likely revoke your PR. Game over.

Instead of doing this, you could try to get a visit visa to the US. You would then enter Canada on the US/Canada land border in a rental car. It is better that you rent the car near the border and ask for a car on Canadian plates. When you arrive at the border, you can show your landing papers and see if they let you in. They may keep you there for a while and they may lecture you and who knows what. You can say you spent all the years nursing your sick grandmother or whoever and that you want to appeal for your PR on humanitarian grounds or you can say that you never had a PR card and you know that you do not need a PR card to enter in a rented car at the land border. Eventually they may let you in. They may report you for not meeting the requirements in which case you would have to appeal which you may lose and end up losing your PR anyway. Or they may let you in without reporting you which means you are still a PR and can stay for 2 years and then apply to renew your PR card based on meeting the residency requirements again.

 

[benben]

very well said. Thank you Leon

 

[Mosmos]

Hello,

I have quite the same case as your daughter. I was moved back to Iran as a minor by my parents due to sickness of my grandfather. my "landing Record" date is 1991.
I wonder if we could communicate in this and share experiences. you can contact me though: m.m.shayegan@gmail.com

Sincerely
Ashkan

Hi All

i migrated and landed in Canada June 1994 with my wife and daughter (2 years old then).

The next few days in Canada, i was told my grandfather had passed away.

I took the next flight out and never returned to Canada since than, i continued
to stay in my home country due to family obligation.

Now, my daughter has grown up and finishing University soon.
My family has less needs on me now and ,therefore i plan to again continue what i initially wanted, to stay in Canada.

Before getting my PR in 1994, i spent my student live in Canada
from 1981 - 1989. Meaning, i went to school since Grade 9 in
private college under student visa and i still keep those old
passport of mine.

My questions, Am i still a PR ? i still have the original landing paper signed at the airport.

Thank You all

 

[Leon]

I have quite the same case as your daughter. I was moved back to Iran as a minor by my parents due to sickness of my grandfather. my "landing Record" date is 1991.
I wonder if we could communicate in this and share experiences. you can contact me though: m.m.shayegan @ gmail.com

If you want to keep your PR, you must apply for a travel document as soon as possible after becoming an adult. The longer you wait, the less likely it is that you will get it.

 

[L7]

If you want to keep your PR, you must apply for a travel document as soon as possible after becoming an adult. The longer you wait, the less likely it is that you will get it.

I read few months back on this forum that one guy get restored his PR at the age of 28, he left Canada as minor along with his parents, he was not aware the rule that he can come back Canada at age of 18 as when he became adult. So he applied for PRTD Permanent Resident Travel Document (visa to return back Canada) at the age of 28 and made a plea that he was unaware of the law.

Apart from it, LEON is the best.

 

[Leon]

I read few months back on this forum that one guy get restored his PR at the age of 28, he left Canada as minor along with his parents, he was not aware the rule that he can come back Canada at age of 18 as when he became adult. So he applied for PRTD Permanent Resident Travel Document (visa to return back Canada) at the age of 28 and made a plea that he was unaware of the law.

Good for him but it might not have worked if he was 40

 

[goncas]

good evening

I lived in Canada in 1989, then returned to Portugal. The return to Portugal happened because my mother could not adapt to the country and she became ill. My father worked in Canada for a few years, and he made the rebates.
In 1989 I was 6 years old.
And by that time I had the role of immigration - permanent resident.
I would like to know if I will be able to enter Canada again and have a permanent resident card with this document?
Can the document (permanent resident) be a "help" to me?
I would like to make my living in Canada.

Thank you
Gonçalo Pereira

 

[scylla]

good evening

I lived in Canada in 1989, then returned to Portugal. The return to Portugal happened because my mother could not adapt to the country and she became ill. My father worked in Canada for a few years, and he made the rebates.
In 1989 I was 6 years old.
And by that time I had the role of immigration - permanent resident.
I would like to know if I will be able to enter Canada again and have a permanent resident card with this document?
Can the document (permanent resident) be a "help" to me?
I would like to make my living in Canada.

Thank you
Gonçalo Pereira

Technically you are still a PR of Canada - but it's going to be very difficult for you to keep your PR status.

You would have to fly to the US and try to re-enter Canada through a US/Canada land boarder using your immigration document. When you do this, you'll need to travel by private vehicle or walk. You cannot take a public bus or train. It's possible you may be reported at the border for failing to meet the residency requirement (to keep your PR status, you must live in Canada for 2 out of every 5 years). If you are reported, you will have to appear at a hearing to argue why you should be allowed to keep your status. If this happens to you, you should expect to lose your PR status officially and be ordered to leave Canada. If you are not reported at the border and are able to enter Canada without issues, then you will have to live in Canada for two years straight without leaving before you will be able to renew your PR card. During this time, it's quite possible you will find it difficult to work legally (if you don't already have a SIN) and also difficult to obtain health care.

So while there's some possibility you will be able to keep your PR status and return to Canada - you should be prepared for what is likely going to be a difficult path.

 

[zardoz]

Given that you are now in your early thirties, there is no realistic chance of gaining a Permanent Resident Travel Document under the H&C grounds of having been removed from Canada as a minor. The USA land border is probably your only chance.

 

[goncas]

Good Morning

If I try to cross the land border from the USA to Canada, I will present the documents I have. And they will not tell me that the documents in question are no longer valid and I have to go back?

 

[zardoz]

Good Morning

If I try to cross the land border from the USA to Canada, I will present the documents I have. And they will not tell me that the documents in question are no longer valid and I have to go back?

No. As long as you can be clearly identified as an existing permanent resident, you have the legal right to enter Canada.