Do I stand a chance of coming back to Canada?

[Rashonline]

I am an Indian citizen, born in India on Oct. 3rd 1967, an Engineer, holding Indian passport and working in Saudi Arabia for the past 25 years.

Further, I had applied for permanent residence in Canada in 1997 and after the process of my application, I was provided the Landing Rights in 1999. I landed in Toronto, Canada in April 2000. There I applied for Social Insurance Number (SIN) and Driving License. I was issued these documents. I also opened an account in TD Bank.

Due to my family circumstances, and as I found no job during my stay in Toronto, (as I was the only bread winner for my parents and younger brothers at that time), I returned back from Canada after some time to Saudi Arabia.

Since then, I didn’t return to Canada. I didn't apply for the PR card. I only have the "IMM 1000 Record of Landing", SIN Card & expired Driving License as documents.

My family has grown during this time. I got married and have three kids, two boys 16 & 11 years and a daughter 3.5 years old. Out of my parents, my father passed away in Feb. 2014.

I just want to ask you learned people around here, is there any chance of revoking my permanent residence ship to Canada OR is it lost permanently. Does my case stand a chance that I may be admitted back to Canada? At this moment I am in a position to come to Canada permanently.

I appreciate the time you took to go through this. I am also hopeful that in the above paragraphs, I have explained myself which will suffice for you to understand my situation.

 

[scylla]

Technically you are still a permanent resident. However returning to Canada and retaining your PR status will be difficult and will requires significant sacrifices on your part and your family's part.

If you want to try to return to Canada and retain your PR status, you will have to be prepared to be separated from your family for likely three years without the ability to visit them for the first two years (and without the ability for them to visit you). If you are prepared to make this sacrifice, then there is a small chance you may be able to save your PR status. What you would have to do is start by obtaining a visitor visa to the US. You would then have to fly to the US and re-enter Canada by land using your landing document and a private vehicle. Since you have been outside of Canada for so long, there is a good chance you will be reported at the border for failing to meet the residency requirement. If this happens, you will be allowed to enter Canada but will be called to a hearing to argue why you should be able to keep your PR status. You will definitely lose at this hearing because you have been outside of Canada for so long - at which point your PR status will be officially revoked and you will be forced to leave Canada. If, on the other hand, you are able to re-enter Canada without being reported, you will then have to remain in Canada for two straight years before you will be able to apply for a PR card. During these two years, you will not be able to leave Canada and you will also not be able to sponsor your family for PR. You should also assume that your family will not be able to visit you in Canada (they can try to apply for a TRV but it's pretty much guaranteed to be refused). Once two years have passed, you will be able to apply to sponsor your family for PR. Assume processing for the PR application will take around 1 year.

So it is possible that you might be able to retain your PR status - but quite difficult and will force you to be separated from your family for at least two years.

The alternative is to officially renounce your PR status and apply for PR again through one of Canada's economic immigration programs like Express Entry: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada.html

 

[Rashonline]

Thank you so much Scylla. Your detailed and prompt answer was more than what I could have asked for. As you suggest, apparently the only way left for me is to officially renounce my PR status and apply again. Probably will make my wife as principle applicant as she has Masters and has age on her side. Just a couple of questions though:
(i) Will my history of obtaining immigration and then renouncing it will have a negative affect on my case when I Re-apply with my family for PR. I mean how does Canadian Immigration Authorities look at this. Negligence, Carelessness on my part or a more Humane way towards my family circumstances.
(ii) Just want to understand this...as You said above, two years if I enter Canada w/o being reported. How will they count these two years then? And when I will apply for a PR Card, won't I be asked why I didn't apply before for so long? Any elaboration on this 2 year theory is appreciated.

May God bless you and your family. You have been very helpful!

 

[scylla]

1) No negative impact.
2) Read through the existing posts in the Permanent Residency Obligation section of the forum. You'll see lots of people have done this with no issues. You just need to not be reported at the border for this to work - and be prepared to be separated from your family for a few years.

 

[Rashonline]

1) No negative impact.
2) Read through the existing posts in the Permanent Residency Obligation section of the forum. You'll see lots of people have done this with no issues. You just need to not be reported at the border for this to work - and be prepared to be separated from your family for a few years.

Thank you Scylla, I have discussed with my family and have decided to officially renounce my PR status and apply for PR again. One small help... Can you send me some lead (a link) on how to do this please.
Thank you so much.

 

[scylla]

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-voluntarily-renounce-permanent-resident-status.html

 

[Rashonline]

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-voluntarily-renounce-permanent-resident-status.html

Thank you...Thank you...Thank you! Exactly what I was looking for. You made it so easy! God Bless you!