Ex PR Wanting To Return

[ectomorph]

We landed in Calgary, Canada 2003 and later applied for citizenship after meeting the residency requirements after 3 years. However we left in 2007 before gaining citizenship to settle in Australia. I think our PR cards expired around 2007.

Is there any means of renewing our Canadian PR status should we want to return? My daughter was born in Canada and is a citizen. We are British passport holders.

Thanks.

Ecto.

 

[computergeek]

We landed in Calgary, Canada 2003 and later applied for citizenship after meeting the residency requirements after 3 years. However we left in 2007 before gaining citizenship to settle in Australia. I think our PR cards expired around 2007.

Is there any means of renewing our Canadian PR status should we want to return? My daughter was born in Canada and is a citizen. We are British passport holders.

First, do not confuse expiration of your PR card with termination of your permanent residency, they are not the same thing. One remains a permanent resident until:

- You voluntarily relinquish it
- You are refused a PR travel document and do not challenge that refusal within the statutory limit
- You are subject to a removal order and you do not challenge the removal order within the statutory limit

When you enter Canada, a border officer will examine you to determine your status. When the officer determines that you are permanent residents he has the option of examining you further to determine if you have met the residency obligation. In general, the border officer is likely to be the most lenient person with whom you will deal. Because you are on a visa-exempt passport, it is possible that you will be able to return to Canada without any issues.

Note that if you are permitted to re-enter Canada without being subject to an A44(1) report (and possibly a removal order) then all you have to do to obtain a new PR card is remain in Canada for 730 days. The residency obligation is a "look back" of five years. So even though you are not in compliance now, if you apply for a new PR card two years after arriving in Canada, you will be in compliance and will not lose your PR.

If you attempt to obtain a new PR card prior to meeting the residency obligation, you will most likely find yourself subject to a residency examination and then a removal order. You can submit Humanitarian and Compassionate arguments on why you should be allowed to retain permanent residency - and your daughter will play a factor in that process - but you're far better off making those same arguments to the border officer - they really do seem to be the most lenient players in the process.

Good luck!

 

[ectomorph]

Hey, thanks for that detailed reply

Are you saying that I could try entering the country on a visa free tourist entry stamp in my passport and then overstaying the 6 month limit until I meet the 2 year requirement?

Its a bit of a gamble and probably not a solution for us since moving to canada would mean selling up and relocating my family so a big risk.

Ecto.

 

[computergeek]

Are you saying that I could try entering the country on a visa free tourist entry stamp in my passport and then overstaying the 6 month limit until I meet the 2 year requirement?

You're a PR - you don't have a limit to your stay. Even though you are in breach of the residency obligation you are still a permanent resident of Canada. Be prepared for the officer to ask you about your breach - have your most convincing story ready to go ("well, we went to Australia for school and planned on being back within three years, but it took longer than intended. It's always been our intention to come back, our daughter is Canadian and we're realizing our goal now.") Border officers are the most lenient folks in this chain. Don't lie, don't feed them too much BS, just admit you understand you stayed away longer than you should, but you really want to be in Canada.

It's the good graces of the officer on whether or not she or he lets you into Canada without an A44(1) report. But if they DO let you in Canada without a report, don't tempt fate by applying for a new PR card until you have accumulated 730 days. If they do issue an A44(1) report, you'll have an additional opportunity to argue H&C reasons, but it's more likely you'd be served with a removal order.

Its a bit of a gamble and probably not a solution for us since moving to canada would mean selling up and relocating my family so a big risk.

The other option is to make the argument to the local visa office and request PR travel documents. If they refuse to grant it, you'll have 60 days to appeal and if you don't you will become foreign nationals. Then you can apply for permanent residency again. That's the only guaranteed way of which I'm aware to know what the outcome will be in advance.

Note: if the visa office is convinced by your persuasive powers to give you a travel document, you should apply for a new PR card when you get to Canada, as they will honour the decision of the overseas visa office to grant you humanitarian and compassionate dispensation. I'd suggest doing your research here on what works. There are threads about this on the site (and other sites) as well as lots of court cases that go over cases that were both successful and unsuccessful.

Good luck!

 

[ectomorph]

Great information, thanks for your time on this.

So, just arrive at immigration with our British passports and expired PR cards ?

Do we declare as being EX PRs on entry or keep quiet and let immigration just stamp our passports as a tourist ?

Whats the likely senario here ?

Best Regs
Ecto.

 

[fisharif]

My family is currently in Canada and I am working abroad to cover the financial requirments ...
My Q is ... would it be acceptable to return to canada 3 months before my PR card expire ? and would it be legal to stay in canada after that and stay 2 - 3 years contiouns without leaving Canada in order to renew the PRC or to get the Nationality

I already bought a house .. my children are in school .. have a driving license, bank account and pay income tax

Apprciate your reply

Regards

Faisal

 

[scylla]

My family is currently in Canada and I am working abroad to cover the financial requirments ...
My Q is ... would it be acceptable to return to canada 3 months before my PR card expire ? and would it be legal to stay in canada after that and stay 2 - 3 years contiouns without leaving Canada in order to renew the PRC or to get the Nationality

I already bought a house .. my children are in school .. have a driving license, bank account and pay income tax

Apprciate your reply

Regards

Faisal

Yes - it's legal.

However there is a small chance you could be reported by immigration when you enter Canada for failing to meet the residency requirement. If you are reported, you will have to appear in front of a judge to argue why you should be allowed to keep your PR status.

 

[SenoritaBella]

Another thing to keep in mind is that the Toronto airport has two lanes(if you are arriving there) - one for visitors, etc and another for PRs/Canadian citizens.