Got the email that suggest me to renounce my PR status

[odonacer]

Hello friends
I have PR status in Canada since 2015 but I don't live in Canada from same 2015 year. I didn't meet PR obligations in 2018 and I thought that I lost my PR status.
I am Ukrainian and last year I applied for a Visitor visa and Work permit. I already received my visa but I am still in Ukraine due to a restrictions to leave the country for men, though I plan to move to Canada once this restriction will be over.
Last week I received the email from LDNIMMIGRATION@international.gc.ca that suggest me to renounce my PR status.

Dear Sir / Madam,
A review in our system shows that you currently hold Permanent Residence status in Canada. Your status should be amended before you enter Canada with your CUAET visa counterfoil so that you do not have any issues at the port of entry.
I would like to give up (renounce) my Canadian permanent resident status.
If you would like to give up (renounce) your Canadian permanent resident status, you must fill out and submit the Voluntary Renunciation of Permanent Resident Status application.
You will find the Application to Voluntarily Renounce Permanent Resident Status form on our website.
The completed and signed form and passport copy can be submitted to your online account or electronically through this email address.
Sincerely, IRCC- London VCM

But I don't want to renounce my PR status because I believe I have reasons that could help me to keep my status. I moved back to Ukraine from Canada, to support my wife's family. Her father got brain cancer and after a year he died, then we had to support her mother as it was very hard for her. Then we decided that it will be easier for us to have a baby in Ukraine, then - COVID and all related layoffs so we were afraid that we couldn't make it in Canada during COVID crisis. Then I thought that my PR was lost due to the PR obligations, but recently I found out that actually I still hold the status and if I have some serious reasons to keep the status - there's a possibility that my PR obligations could be extended or I could be excused for not meeting them. As of now, I have a son, there's a war in my country and the only safe and good place for my family is Canada as I have previous experience living there also I have relatives in Canada.

But now as I got this email I wonder what issues I could face in an airport, with CBSA officer? Also I'm looking for any suggestions what can I do in this situation? What's the best option for my and my family and what chances to keep my PR status?

Thank you

 

[Ponga]

You still have PR status right now.

You would be allowed to enter Canada without a valid PR Card, but you would not be able to travel via a commercial carrier. You would need to travel to the U.S. and enter Canada at a land PoE in a personal vehicle. The CBSA officer would likely question you and then issue a 44(1) report that would start the process to revoke your PR status.

A better option may be for you to apply for a PRTD under H&C grounds, since you are still a PR and just need a travel document to return to Canada via a commercial carrier. Explain your situation and reasons for H&C in detail and hopefully you will be approved. If you are denied, your PR status would ultimately be revoked.

Wait for others to respond that can either confirm or dispute my suggestion.

Good luck!

 

[odonacer]

You still have PR status right now.

You would be allowed to enter Canada without a valid PR Card, but you would not be able to travel via a commercial carrier. You would need to travel to the U.S. and enter Canada at a land PoE in a personal vehicle. The CBSA officer would likely question you and then issue a 44(1) report that would start the process to revoke your PR status.

A better option may be for you to apply for a PRTD under H&C grounds, since you are still a PR and just need a travel document to return to Canada via a commercial carrier. Explain your situation and reasons for H&C in detail and hopefully you will be approved. If you are denied, your PR status would ultimately be revoked.

Wait for others to respond that can either confirm or dispute my suggestion.

Good luck!

Hello Ponga
Thank you for the reply.
Regarding your statements - actually, I will be able to travel via a commercial carrier as I have valid Visitor visa (I received it via CUAET program). So I don't need to go to Canada through USA.
"The CBSA officer would likely question you and then issue a 44(1) report that would start the process to revoke your PR status." - yes, and this is the most critical and interesting moment, as I read information that I can ask CBSA officer to allow me to enter Canada without this 44(1) report as I had serious reasons to stay that long outside of Canada. For example here is information that it is possible to keep PR status by provided reasons for absence in Canada to CBSA officer. Also my main point will be that I have a child which will be greatly affected if I will not keep my PR:
IRCC and CBSA must also think about any children who would be directly affected by a decision they make. This is called considering the best interests of a child

In general, what I plan to do - fly to Canada. In airport tell to a CBSA officer that I am a PR status holder with not met obligations. Tell my story to him and if he would allow me to enter - great! If not - 44(1) report for PR revocation, but I still be able, I think, to enter Canada with my Visitor visa and Work permit. What can go wrong with this plan?

So, basically I have all this information but this is just a theory, a text on some web site. So I am looking for anyone who, maybe, faced same issues or knows about such cases?

 

[Ponga]

Hello Ponga
Thank you for the reply.
Regarding your statements - actually, I will be able to travel via a commercial carrier as I have valid Visitor visa (I received it via CUAET program). So I don't need to go to Canada through USA.
"The CBSA officer would likely question you and then issue a 44(1) report that would start the process to revoke your PR status." - yes, and this is the most critical and interesting moment, as I read information that I can ask CBSA officer to allow me to enter Canada without this 44(1) report as I had serious reasons to stay that long outside of Canada. For example here is information that it is possible to keep PR status by provided reasons for absence in Canada to CBSA officer. Also my main point will be that I have a child which will be greatly affected if I will not keep my PR:
IRCC and CBSA must also think about any children who would be directly affected by a decision they make. This is called considering the best interests of a child

In general, what I plan to do - fly to Canada. In airport tell to a CBSA officer that I am a PR status holder with not met obligations. Tell my story to him and if he would allow me to enter - great! If not - 44(1) report for PR revocation, but I still be able, I think, to enter Canada with my Visitor visa and Work permit. What can go wrong with this plan?

So, basically I have all this information but this is just a theory, a text on some web site. So I am looking for anyone who, maybe, faced same issues or knows about such cases?

Was not aware (or just missed it) that you already have documents to fly.

You are correct that you will be allowed to enter Canada, but the 44(1) report could be issued.

 

[armoured]

What is status of your other family members?

One issue you may face is difficulty of sponsoring the child.

 

[odonacer]

What is status of your other family members?

One issue you may face is difficulty of sponsoring the child.

They don't have PR status.

What could be the problem of sponsoring the child?
I only know about spouse sponsorship, but I never saw info about a child sponsorship. Though I think it should be some options.

 

[armoured]

They don't have PR status.

What could be the problem of sponsoring the child?
I only know about spouse sponsorship, but I never saw info about a child sponsorship. Though I think it should be some options.

Will be an issue for the spouse as well.

Generally you must be compliant with the residency obligation to sponsor a family member.

I'd say don't rush in on either side of this. Although I suppose your spouse and child could enter on their ceaut visas, and then once you've got back into compliance, sponsor them then. I don't know, it's not a straightforward situation. (Is CEAUT valid for two years ie. time you'd need to get complaint?)

 

[odonacer]

Will be an issue for the spouse as well.

Generally you must be compliant with the residency obligation to sponsor a family member.

I'd say don't rush in on either side of this. Although I suppose your spouse and child could enter on their ceaut visas, and then once you've got back into compliance, sponsor them then. I don't know, it's not a straightforward situation. (Is CEAUT valid for two years ie. time you'd need to get complaint?)

CUAET program just provides a visitor visa and work permit for 3 years. So I would have time available to wait till my PR compliance as well as my wife and son - same 3 years.
But you are right, I wouldn't be able to start sponsorship till I'm waiting for this PR decision.
Thanks

 

[Bilkish]

Hello, my daughter is in same condition, her pr card expired in 2015, she stated only 4 months in total 5 years, can she apply for visit visa.
Did u enter canada , let me now what happen at entry .plz plz let me know.

 

[scylla]

Hello, my daughter is in same condition, her pr card expired in 2015, she stated only 4 months in total 5 years, can she apply for visit visa.
Did u enter canada , let me now what happen at entry .plz plz let me know.

She can only apply for a visitor visa if she renounces her PR status first. If she renounces her PR status, then she will no longer be a PR.

 

[odonacer]

Hello, my daughter is in same condition, her pr card expired in 2015, she stated only 4 months in total 5 years, can she apply for visit visa.
Did u enter canada , let me now what happen at entry .plz plz let me know.

No, I still in Ukraine as my government forbid to go outside of the country to all men age 18-60.
Your daughter needs to apply for a Permanent Resident Travel Document and with this document go to Canada.

 

[canuck78]

Hello friends
I have PR status in Canada since 2015 but I don't live in Canada from same 2015 year. I didn't meet PR obligations in 2018 and I thought that I lost my PR status.
I am Ukrainian and last year I applied for a Visitor visa and Work permit. I already received my visa but I am still in Ukraine due to a restrictions to leave the country for men, though I plan to move to Canada once this restriction will be over.
Last week I received the email from LDNIMMIGRATION@international.gc.ca that suggest me to renounce my PR status.

Dear Sir / Madam,
A review in our system shows that you currently hold Permanent Residence status in Canada. Your status should be amended before you enter Canada with your CUAET visa counterfoil so that you do not have any issues at the port of entry.
I would like to give up (renounce) my Canadian permanent resident status.
If you would like to give up (renounce) your Canadian permanent resident status, you must fill out and submit the Voluntary Renunciation of Permanent Resident Status application.
You will find the Application to Voluntarily Renounce Permanent Resident Status form on our website.
The completed and signed form and passport copy can be submitted to your online account or electronically through this email address.
Sincerely, IRCC- London VCM

But I don't want to renounce my PR status because I believe I have reasons that could help me to keep my status. I moved back to Ukraine from Canada, to support my wife's family. Her father got brain cancer and after a year he died, then we had to support her mother as it was very hard for her. Then we decided that it will be easier for us to have a baby in Ukraine, then - COVID and all related layoffs so we were afraid that we couldn't make it in Canada during COVID crisis. Then I thought that my PR was lost due to the PR obligations, but recently I found out that actually I still hold the status and if I have some serious reasons to keep the status - there's a possibility that my PR obligations could be extended or I could be excused for not meeting them. As of now, I have a son, there's a war in my country and the only safe and good place for my family is Canada as I have previous experience living there also I have relatives in Canada.

But now as I got this email I wonder what issues I could face in an airport, with CBSA officer? Also I'm looking for any suggestions what can I do in this situation? What's the best option for my and my family and what chances to keep my PR status?

Thank you

Your CUAET will be cancelled if you don’t renounce your PR. The email you received indicated that you’d need to renounce your PR status if you want CUAET. It is one or the other. Your plan to return to Canada using CUAET won’t work unless you renounce your PR status. Your options will be to try to get a PRTD based on H&C or else enter via the US border with the hopes you don’t get reported. Until you are compliant with your RO or you get approved for a PRTD based on H&C you should not apply for a new PR card. Until you have a valid PR card you shouldn’t sponsor your family. The other issue is that without a valid PR card you won’t be able to apply for a new health card in many provinces and therefore won’t have access to free public healthcare.