Ex permanent resident - visit visa (TRV)

[silverdelt]

Hi

My parents lost their PR status as they could not complete the residency requirement. Can they still apply to visit Canada as a tourist? What are their chances of getting a temporary resident visa for a short visit? Will having lost the PR status create issues in their TRV application?

Thanks

 

[PMM]

Hi

Hi

My parents lost their PR status as they could not complete the residency requirement. Can they still apply to visit Canada as a tourist? What are their chances of getting a temporary resident visa for a short visit? Will having lost the PR status create issues in their TRV application?

Thanks

They will only get a TRV if they voluntarily relinquish their PR status.

 

[silverdelt]

Their PR Cards expired while they were outside Canada...so it wasn't a question of voluntary relinquishing it...they just could not meet the residency requirement and could not return to Canada because their PR cards were no longer valid.

Does this mean they can now never ever enter Canada even as visitors? If they apply for a visit visa...will the CHC refuse?

 

[Leon]

They will have to contact a Canadian embassy about voluntarily giving up their PR status so they can apply for a visit visa. You do not automatically stop being a PR when your card expires or you stop meeting the residency requirements. You have to either relinquish it or have it revoked. While they are still PR, they can not get a visit visa.

 

[Pippin]

Leon, does this mean that if this couple WANTED to retain their PR status, they could do something about it? Is there an appeal to reinstate their status, or is it completely gone and they would have to reapply for PR from scratch?

 

[Leon]

Leon, does this mean that if this couple WANTED to retain their PR status, they could do something about it? Is there an appeal to reinstate their status, or is it completely gone and they would have to reapply for PR from scratch?

1. If they are in Canada, all they have to do is stay and wait until they have 2 years and then they can apply to renew their PR cards.

2. If they are outside Canada and have visa exempt passports, they could travel to Canada and deal with immigration on entry. Immigration could decide to report them for not meeting the requirements or they might not. If not, they are in Canada, see 1. above. If they do get reported, they would have to appeal for their PR, give whatever reasons why they could not meet the requirements and see what happens.

3. If they are outside Canada and do not have visa exempt passports but still have valid PR cards, see 2. above. If their PR cards are also expired, they have 2 options. They could apply for travel documents at a Canadian embassy explaining then and there what reasons they have for not meeting the residency requirements. If they get a travel document, they can return to Canada, if not, they will probably lose their PR status because immigration has now looked at their situation and made a decision in their case. The other option would be to get a US visa and try to enter Canada at the US land border in a private or rented car with the expired PR cards, see 2. above.

 

[silverdelt]

1. If they are in Canada, all they have to do is stay and wait until they have 2 years and then they can apply to renew their PR cards.

2. If they are outside Canada and have visa exempt passports, they could travel to Canada and deal with immigration on entry. Immigration could decide to report them for not meeting the requirements or they might not. If not, they are in Canada, see 1. above. If they do get reported, they would have to appeal for their PR, give whatever reasons why they could not meet the requirements and see what happens.

3. If they are outside Canada and do not have visa exempt passports but still have valid PR cards, see 2. above. If their PR cards are also expired, they have 2 options. They could apply for travel documents at a Canadian embassy explaining then and there what reasons they have for not meeting the residency requirements. If they get a travel document, they can return to Canada, if not, they will probably lose their PR status because immigration has now looked at their situation and made a decision in their case. The other option would be to get a US visa and try to enter Canada at the US land border in a private or rented car with the expired PR cards, see 2. above.

Thanks for your feedback. Let me explain the situation one step further. In my parent's case, they were outside Canada when their PR cards expired. Not having visa-exempt passports, they applied for a Travel Doc to re-enter Canada and renew their PR cards. The Canadian High Commission refused their Travel Doc application saying they cannot enter Canada as PR's because they did not meet the residency requirement (my parents thought they had completed 2 years but the high commission counted it differently then what we then thought). The High Commission also kept their old expired PR cards.

This was a year or more ago. My query is that having said and done all of the above, if they ever want to visit Canada for a short period, can they apply and get TRVs? Or are they banned for life from Canada ? which does not make sense at all - they only lost their PR status and did not break any rules etc.

Thanks!

 

[Leon]

Not having visa-exempt passports, they applied for a Travel Doc to re-enter Canada and renew their PR cards. The Canadian High Commission refused their Travel Doc application saying they cannot enter Canada as PR's because they did not meet the residency requirement (my parents thought they had completed 2 years but the high commission counted it differently then what we then thought). The High Commission also kept their old expired PR cards.

This changes the situation. If they applied for a travel document and were told that they lost their PR status and had their PR card taken away, they are now not PR's any more and can go ahead and apply for a visit visa.

The way the days for residency requirements are counted is that you must have 730 days in Canada in your first 5 years as a PR counting from the day you landed and after you have been a PR for more than 5 years, it is always the previous 5 years. A common mistake is to continue to count all the days you have stayed in Canada since you landed but this is incorrect because once you are a PR for more than 5 years, any days stayed more than 5 years ago will expire and you must continue to add more days.

 

[silverdelt]

Thanks a lot Leon. This helps.

So hopefully the high commission here "should" ideally look at their applications as any other fresh applicant...and not take in to account their PR history - reason why I say that is there's always a chance they might think that oh well what if these guys are now resorting to TRV to get back into Canada and then don't return?

 

[Leon]

Thanks a lot Leon. This helps.

So hopefully the high commission here "should" ideally look at their applications as any other fresh applicant...and not take in to account their PR history - reason why I say that is there's always a chance they might think that oh well what if these guys are now resorting to TRV to get back into Canada and then don't return?

I don't know what the high commission will assume but I would think that if somebody stayed in Canada so little that they lost their PR, they would probably be less of a risk to overstay.

 

[silverdelt]

I don't know what the high commission will assume but I would think that if somebody stayed in Canada so little that they lost their PR, they would probably be less of a risk to overstay.

Good point! Let's hope the HC looks at it the same way.

Appreciate your input.

 

[mspr]

Dear Members,

Did you mention PR reference no i.e client ID and PR status when your parents have obtained and lost details in your cover letter to HC.

Please advise... I have lost my PR and my family are Citizens of Canada.. I got once PRTD and availed that and visited my family Canada and returned back to my work place.

I am gathering documents to apply for TRV... Please advise if you have any suggestions...

 

[zardoz]

Dear Members,

Did you mention PR reference no i.e client ID and PR status when your parents have obtained and lost details in your cover letter to HC.

Please advise... I have lost my PR and my family are Citizens of Canada.. I got once PRTD and availed that and visited my family Canada and returned back to my work place.

I am gathering documents to apply for TRV... Please advise if you have any suggestions...

If you obtained a PRTD, was it a limited entry for an appeal or was it so that you could return to Canada to continue being a PR?

If it was the latter, you still have PR status and cannot apply for a TRV.

 

[mspr]

Myself and family (wife and two children) have landed in Canada in June 2007 and my wife and children have got Citizenship on May 24, 2011. But I was working out of Canada and supporting my family in Canada and my mother who fall ill in 2008 after we landed to Canada. I have applied under H & C to renew my PR in January 2012, but physically I was absent more than 730 days from Canada. I was refused in February 2013 since I was physically absent more than 730 days.

Then I have applied for PRTD and obtained my PRTD in April 2013. My PRTD was issued for 6 moths to travel to Canada, accordingly I have travelled to Canada in August 2013 but I didn't stay continuous in Canada and returned back to my work place in September 2013. Meantime, before I travel to Canada I have lost my PR status officially confirmed by the CIC in July 2013.

Now I want to visit my family under TRV applying for multiple entry. I would like to know that shall I have to mention that my old PR client ID number in the in my cover letter?
In my spouse invitation letter , whether she can mention about my previous PR status or not? We have family function in second week of January 2014, so she is inviting for that...
Look forward to your valuable advises.

 

[Aspat]

My husband is considering voluntary relinquishment of his pr status and applying for trv. He is in Canada currently but is planning this step as he wants to be able to travel and at the same time visit us frequently.

How long does the process take if you waive your right to appeal? Since the family (wife and kids) are in Canada, what's the likelihood of the visa application being rejected?

Mspr, Were you able to get the visa to visit your family?

Anybody else with similar experience or knowledge?

Thanks.