Confirmed PR Status - but out of the country for many years

[cochrane13]

Hi. Sorry about the lengthy story.

I was born in the UK as a baby I came to live in Canada with my parents on full PR Status. After 5 years my parents split and I was took back to UK. In March on a recent visit border control advised that I was showing as a Canadian Resident but under my birth name (changed when my mother remarried)

Myself, wife and two children have come to Canada on a visitors permit. We had applied for a work permit (still waiting for decision 8 months on) but we want to know if there is anyway of re-starting the PR card and what are options are. The government website is a little vague and I am struggling to find out what I can do exactly. We very much want to live here. My father, two sisters and brother all liver here. My father got fully citizenship etc.

Thanks for any help

 

[scylla]

Hi. Sorry about the lengthy story.

I was born in the UK as a baby I came to live in Canada with my parents on full PR Status. After 5 years my parents split and I was took back to UK. In March on a recent visit border control advised that I was showing as a Canadian Resident but under my birth name (changed when my mother remarried)

Myself, wife and two children have come to Canada on a visitors permit. We had applied for a work permit (still waiting for decision 8 months on) but we want to know if there is anyway of re-starting the PR card and what are options are. The government website is a little vague and I am struggling to find out what I can do exactly. We very much want to live here. My father, two sisters and brother all liver here. My father got fully citizenship etc.

Thanks for any help

Which one of you applied for a work permit and on what basis?

If you applied for a work permit, it should be refused. If you are still a permanent resident, you cannot be approved for a work permit. You would have to renounce your PR status first before you can qualify for a work permit.

If you want to try to save your current PR status, then you will need to live in Canada for two years straight from the time you last returned. Once you've lived in Canada for 730 days out of the last five years, you will be able to apply for a new PR card. At this point you'll also be able to sponsor your family for permanent residency. Don't try sponsoring them any earlier or they will end up being refused and your PR status will be revoked as well.

 

[cochrane13]

Which one of you applied for a work permit and on what basis?

If you applied for a work permit, it should be refused. If you are still a permanent resident, you cannot be approved for a work permit. You would have to renounce your PR status first before you can qualify for a work permit.

If you want to try to save your current PR status, then you will need to live in Canada for two years straight from the time you last returned. Once you've lived in Canada for 730 days out of the last five years, you will be able to apply for a new PR card. At this point you'll also be able to sponsor your family for permanent residency. Don't try sponsoring them any earlier or they will end up being refused and your PR status will be revoked as well.

We had been advised to apply for open work permit, not knowing that it wouldnt have been approved due to PR status and that also we would need a LMIA to work. Obvioiusly the concern I have is I am here with family and we want to work, whether it is short term and preferably permanent

 

[scylla]

We had been advised to apply for open work permit, not knowing that it wouldnt have been approved due to PR status and that also we would need a LMIA to work. Obvioiusly the concern I have is I am here with family and we want to work, whether it is short term and preferably permanent

I don't understand on what grounds you would qualify for open work permits. They are only granted in very specific circumstances - none of which you appear to meet.

Even without the PR status situation, I still don't see any grounds under which you or your wife would qualify for open work permits.

If you have a SIN, you can work since you are still a PR. If you don't have a SIN, you need some sort of evidence of your PR status (like your original landing document) in order to apply for a SIN.

Your wife doesn't have any immediately available options for working. She would need to obtain a job offer an approved LMIA in order to apply for a closed work permit.

If you have been in Canada for 8 months now hopefully your family has applied to extend their status in Canada to remain here legally.

 

[masouleht]

Hi, my parents need to renew their PR cards. They expires in Jan,06,2019. Since the landed in Nov.04,2013, they have been in Canada 645 days. When will the be eligible to apply for renewal?

 

[scylla]

Hi, my parents need to renew their PR cards. They expires in Jan,06,2019. Since the landed in Nov.04,2013, they have been in Canada 645 days. When will the be eligible to apply for renewal?

When they have at least 730 days of residency in Canada in the previous 5 years.

 

[canuck78]

Hi, my parents need to renew their PR cards. They expires in Jan,06,2019. Since the landed in Nov.04,2013, they have been in Canada 645 days. When will the be eligible to apply for renewal?

They are currently out of status because it is 5 years from their landing date. Are they currently in Canada?

 

[masouleht]

They are currently out of status because it is 5 years from their landing date. Are they currently in Canada?

yes, they are

 

[Copingwithlife]

Hi. Sorry about the lengthy story.

I was born in the UK as a baby I came to live in Canada with my parents on full PR Status. After 5 years my parents split and I was took back to UK. In March on a recent visit border control advised that I was showing as a Canadian Resident but under my birth name (changed when my mother remarried)

Myself, wife and two children have come to Canada on a visitors permit. We had applied for a work permit (still waiting for decision 8 months on) but we want to know if there is anyway of re-starting the PR card and what are options are. The government website is a little vague and I am struggling to find out what I can do exactly. We very much want to live here. My father, two sisters and brother all liver here. My father got fully citizenship etc.

Thanks for any help

In your other postings you mention you renounced your PR upon arrival , did you actually renounce it ?

 

[scylla]

In your other postings you mention you renounced your PR upon arrival , did you actually renounce it ?

This is an extremely important point.

Was status renounced at the border or not?

Either way, I still don't see how you qualify for an OWP.

 

[cochrane13]

This is an extremely important point.

Was status renounced at the border or not?

Either way, I still don't see how you qualify for an OWP.

I was asked to renounce it in March, honestly it took three border guards to work it out. They took a photo and a signature. I was not given full details nothing given in writing or received anything in the post. Upon my arrival in the UK I questioned it as it felt like the procedure wasnt followed correctly and have spoke to the government who have no record ?

 

[canuck78]

I was asked to renounce it in March, honestly it took three border guards to work it out. They took a photo and a signature. I was not given full details nothing given in writing or received anything in the post. Upon my arrival in the UK I questioned it as it felt like the procedure wasnt followed correctly and have spoke to the government who have no record ?

Who did you speak to?

 

[cochrane13]

Who did you speak to?

I spoke to the local MP office who called their direct goverment number and they advised that everything still shows as normal PR status and that no records show of me renouncing it

 

[canuck78]

I spoke to the local MP office who called their direct goverment number and they advised that everything still shows as normal PR status and that no records show of me renouncing it

When did you speak with them? My next concern would be about your open work permit application. Will that trigger someone to realize that you are in Canada. Not sure what province you are living in but your lack of PR card can be quite a problem. There also can be issue with your family receiving healthcare or schooling. Do you have a SIN? Do you have a copy of your landing record?

 

[cochrane13]

When did you speak with them? My next concern would be about your open work permit application. Will that trigger someone to realize that you are in Canada. Not sure what province you are living in but your lack of PR card can be quite a problem. There also can be issue with your family receiving healthcare or schooling. Do you have a SIN? Do you have a copy of your landing record?

No, have spoke to my mother and father and neither can find the original documents of our landing. SIN number is only something I have recently been made aware of. We are currently residing in Manitoba. We had been advised to get an Open work permit, but since this have come to understand that we should not have got this.