Applying for visit visa after PR card has expired

[miksterz]

Hello,

My family became permanent residents in 2005, but for personal reasons my parents were not able to make the move whereas my sister and I did (we are now citizens).

My parents would like to apply for visit visas to visit us this summer. Their PR cards have expired, and naturally they have not met the residency obligations. Can they simply proceed with the visit visa application or is there an additional procedure they must go through?

Would appreciate some guidance as soon as possible, as the visit visa process itself is very lengthy for them.

 

[Msafiri]

Options are:

1. Voluntarily relinquish PR - there is a form they fill out and sign in front of the Immigration Officer at the relevant Canadian Diplomatic Post. They can then apply for a visitor visa - downside to this is they need to prove they will return home after the visit.

2. Apply for a Travel Document - this is a defacto residency obligation review. As you say they will get rejected and notified they are no longer PR's. They then apply for a visa.

3. As 2 but they include supporting documents/ compelling reasons as to why they were outside Canada - case law on this indicates a high threshold e.g. taking care of a terminally sick relative etc.

4. Travel to the US if they have US Visa and cross a land border with their COPR/ expired PR Cards. The border official will ask them how long they have been away and confirm they fail to meet the residency obligation. The official may or may not issue a report on this. If a report is issued then they may appeal and have to go before an immigration hearing to try and retain PR. If no report is issued then they must remain in Canda for 730 days before renewing their PR Cards.

Do some leg work on the CIC site as to the forms for relinquishing and TD. It basically depends if they want to try and 'fight' to retain their PR which will be expensive and long drawn or they are ok with not having the PR.

Good luck.

 

[miksterz]

Thanks for your response. Are you saying it is absolutely necessary to do this before applying for the visit visa?

Also, I can't seem to find the form on the CIC website. Is there a form that can simply be sent along with the visit visa application? My parents are in Pakistan so some of these methods won't work. Thanks again.

 

[miksterz]

Also, I should mention they have no desire to fight it or try to renew PR. They simply want to obtain a visit visa.

 

[Msafiri]

Yes they must do this because a visa cannot be issued to Permanent Residents. Until a decision is made on their Residency Obligation your parents are defacto PR's of Canada.

Form 5538B is the one used for Voluntarily relinquishing of PR status type it up on a search engine This has to be done in front of an Immigration Officer no postal method. Why? The Immigration Officer must ensure the PR is clear about the action they are taking. In effect there is an element of counselling to the process. This ensures also that if any appeal is lodged the PR holder will not say they did not understand what they were doing.

The Immigration Officer will check their Residency Obligation as part of the relinquishing process.

 

[Leon]

If they can not be bothered to go to the embassy to relinquish their PR, they can also apply for a PR travel document using this form: http://www.cic.gc.ca/english/information/applications/travel.asp

Because they don't meet the requirements, they will be refused and lose their PR. They could also write a cover letter with their travel document application stating that they know they will most likely be refused and will not appeal for their PR. They just want a decision so they can apply for visit visas to visit their kids.

 

[miksterz]

Thanks for the responses. Embassies in Pakistan aren't like elsewhere. It isn't that they can't be bothered, but that embassies are like fortresses that don't allow human contact. Even within the country things are done by post..so this is tricky. Applying for a travel document may be the best option.

 

[Msafiri]

The CHC Islamabad accepts Travel Document applications by courier or in person.