Another eTA Surprise...Permanent resident or not?

[tomerwei]

Hi all,
I was planning to plan to Canada for my winter vacation. My passport is from a visa-exempt country, so I needed to get an ETA.
A couple of hours have past, and I got this message:

A review of your Electronic Travel Authorization (eTA) application has revealed that you are, or once were, a Canadian permanent resident. Canadian permanent residents are expected to use their Canadian Permanent Resident Card when travelling abroad and are not eligible to apply for an eTA.
If you know you no longer meet your residency obligations because you have been outside Canada for a long period of time, your status still needs to be addressed before you can apply for an eTA to visit Canada. In this situation, you may choose to give up (renounce) your permanent resident status while applying for an eTA.
The two options outlined below are designed to help you address your status and travel to Canada. Choose one of the options and follow the instructions provided.
I would like to retain my Canadian Permanent Resident status.
Step 1 - If you do not have a permanent resident card, but would like to retain your Canadian Permanent Resident status and want to travel to Canada as a permanent resident, you must apply for a travel document (Permanent Resident Abroad).
You will find the application for a travel document (Permanent Resident Abroad) on our website at ...
Page 2 of 3
Step 2 - If applying for a travel document (Permanent Resident Abroad), you must also withdraw the Electronic Travel Authorization (eTA) application you have submitted to us. To withdraw your application, please upload a letter through your MyCIC account indicating that you have selected this option.
I would like to give up (renounce) my Canadian permanent resident status.
Step 1 - If you would like to give up (renounce) your Canadian permanent resident status, you must fill out and submit the Voluntary Renunciation of Permanent Resident Status application.
You will find the Application to Voluntarily Renounce Permanent Resident Status form on our website at ...
Step 2 - It is important you submit the completed Application to Voluntarily Renounce
Permanent Resident Status form via your MyCIC account.
If your voluntary renunciation of permanent resident status is approved, we will proceed with processing the electronic Travel Authorization application you have already submitted. You do not need to submit a new application.
Should we fail to receive either application from you within 10 days, we will assume you have selected Option 1, and will withdraw your application for an electronic Travel Authorization.

Now after recovering from the initial surprise, I told my parents and asked if we are or were PR's in Canada. It seems that they once got a authorization to PR, but never got the PR card since they had to leave Canada. All that they have is a "Landing Record". All of this happened ~15 years ago, and I am 30 years old now.

I don't want to renounce a Canada PR status if I have an option to regain it somehow. However I am outside the country studying, so am not in the position to move to Canada right now. I heard that applying for a Permanent Resident Travel Card is an option, but it is risky and likely to be denied since I heard that 30 is too old to be considered for humanitarian conditions (H&C). If I knew they I had a PR status I would have planned my life differently, probably would have been studying in Canada right now.

What should I do if I want at some point to return to Canada as a PR?
I do not have a PR card, only the landing record, so am not sure how I can enter Canada, stay there, apply for a job etc. without have some clarification of my status, or document that allows me to work in Canada

Thanks in advance for any advice.

 

[canuck_in_uk]

What should I do if I want at some point to return to Canada as a PR?
I do not have a PR card, only the landing record, so am not sure how I can enter Canada, stay there, apply for a job etc. without have some clarification of my status, or document that allows me to work in Canada

Hi

At this point, you don't really have much chance to retain your PR status. You can't fly to Canada, as you don't have a valid PR card and have zero chance of being approved for a PRTD. You could fly to the US and cross over the border by land but given your 15 year absence, you would almost certainly be reported on entry for failing to meet the Residency Obligation, which would lead to your PR status being revoked.

 

[Bs65]

Hi

At this point, you don't really have much chance to retain your PR status. You can't fly to Canada, as you don't have a valid PR card and have zero chance of being approved for a PRTD. You could fly to the US and cross over the border by land but given your 15 year absence, you would almost certainly be reported on entry for failing to meet the Residency Obligation, which would lead to your PR status being revoked.

To get an ETA the only option now is to renounce PR which can be done by downloading the form attaching a photo, scanning the completed form plus scan of bio passport page as id then upload in a MYCIC account linked to the ETA application.

As said the chances of retaining PR is remote even on the H&C grounds that you were removed as a minor at the time with no choice given the time that has passed since then plus if you try the land option route likely that although you could enter the country as a PR you would get reported for not meeting residency and PR would eventually get revoked anyway.

There are by the way a lot of people caught out by the ETA who had been PRs sometimes as long as 30 years ago who assumed incorrectly PR would have automatically expired. Pr must be physically renounced by the holder or revoked by the government if subject to a residency obligation review when for example reentering the country or applying for a PR card renewal

 

[steaky]

Hi

At this point, you don't really have much chance to retain your PR status. You can't fly to Canada, as you don't have a valid PR card and have zero chance of being approved for a PRTD. You could fly to the US and cross over the border by land but given your 15 year absence, you would almost certainly be reported on entry for failing to meet the Residency Obligation, which would lead to your PR status being revoked.

If OP has been accompanying a Canadian common law partner or spouse, then the PR status would be maintained.

 

[tomerwei]

Thank you. However I am not sure if that applies or not since my parents also have the same status as me (they thought the PR has expired), and I was accompanying them.

 

[scylla]

Thank you. However I am not sure if that applies or not since my parents also have the same status as me (they thought the PR has expired), and I was accompanying them.

It doesn't apply to you. Your parents would have to be Canadian citizens and you would have to be a minor.