Canada Reapplication guaidance

[anthcott@yahoo.com]

I was granted permanent residency to Canada in 2004. However I could not maintain my PR status as I could not stay in Canada for 2 years in 5 year period because of work and personal reasons that may not meet humanitarian grounds. My Permanent Residency card expired on during end of 2010.

Now I am ready to settle in Canada and I reapplied through provincial nomination category that may get nominated. My question is that will my previously granted PR card create problems for my new application at the CIC branch?

I don’t want my new application to be rejected due to the fact that I was granted permanent residency in the past as it may confuse the VISA officer evaluating my new application that I am a Canadian PR already?

Please guide.

 

[Leon]

Officially you are still a PR until somebody says you aren't. You can talk to the embassy where you live about relinquishing your PR based on that you don't meet the residency requirements any more. You can also try to enter Canada on your expired PR card and landing papers and sign it away there. If you were to get in to Canada without them revoking your PR, you actually do not have to apply again, you could stay in Canada for the next 2 years in which case you would meet the residency requirements again and could apply to renew your PR card.

 

[anthcott@yahoo.com]

Hello Leon, Thank you for the detailed explanation. Even lawyers used to tell me that if I cannot meet the 2 year in 5 year stay requirement I need to reapply. No one told me anything about revoking previous PR status before reapplying. I just came to know of this fact that I am considered PR even if I fail to meet the requirements.

Given the options of trying to move into Canada, or revoke previous PR status and applying again, I would prefer reapplying to Canada because if I manage to enter Canada then I would have to stay in Canada for 2 years without being able to travel outside for 2 years even if a travel emergency calls for it. I know it is a risk. If I get nominated by Province, can I write to CIC about my previous PR status in my new application and asking them how to to revoke it? I will trying contacting the nearest embassy too. Please let me know any other tips you can share with me on this regard. Thank you for all the help.

 

[Leon]

I do not think that the PNP can revoke your PR status. Talk to the embassy. If they do not know how to handle this, you could apply for a travel document to go to Canada. Surely you would be refused and then your PR should get revoked.

 

[anthcott@yahoo.com]

Thank you once again Leon, your advise is great. Do you have an estimate on how long it take to process a travel document application? Do you think it would OK if I wait and apply for travel document once PNP says that I am nominated and transfering file to CIC? I feel reluctant to close the door of entering Canada on my previously approved PR status (although not preferable) for no reason in the even my PNP gets rejected.

 

[Leon]

I do not know how long it takes, no. I don't see a problem with waiting to cancel the PR until you have your nomination. Ask the embassy how long it takes to process the papers. It is not supposed to take long to get a TD but getting the PR cancelled in the after process might take longer. It would be faster if you can just relinquish your PR. Talk to the embassy about your options.

 

[anthcott@yahoo.com]

Hello Leon. Thank you.

 

[anthcott@yahoo.com]

Leon, i did as you suggested. i contacted many consulates and got various responses. One of the response also suggested me to apply for a travel document but said that there is no established way of relinquishing PR status.

I got my provincial nomination recently and am in the process of submitting documents to the CIC. I am thinking of applying for the TD also and submit the result as well along with my new PR application to prove that I have lost my status. What is your feeling on this? OR do you suggest I forget the TD thing as just explain my situation in the CIC application?

When I looked at the document requirements for travel document it seems that they want my old expired PR card. If they deny my travel document (which I am sure they will) will they keep my expired PR card? I am concerned because CIC may need my old PR card for relinquishing formality etc and I don't want to complicate matter in the intention of simplifying things. Also, will the consulate give me some written document explaining why my travel document was rejected which I can submit to CIC with my new application?

Thank you so much for all your valuable advises.

 

[Leon]

There was recently another person here with the same question and he was advised to use the TD application in order for them to determine his status. He did and it worked for him.

You can find his thread here: http://www.canadavisa.com/canada-immigration-discussion-board/relinquishment-question-pls-advice-t78037.15.html

 

[anthcott@yahoo.com]

Thank you Leon. You are a great help.