have a IMM1000 but not entered canada since 10 years... what to do?

[sahana]

Hi there,
I would be extremely grateful if any of you could clarify few doubts about my permanent resident status.

I got my canadian permanent resident status in 1997 ( Father sponsored me) where in i was given a IMM 1000. There was no PR card then. thereafter I got returning resident permits twice for studying in India. However after the issuance of the second RRP I didn't go to canada even once ( may be for a period of 10 t0 11 years) as it was inevitable that because of personal problems i had to stay here in India

Recently i applied for a temporary resident visa just to visit my dad for a month in canada. But the CIC center here asked me to fill a travel document application instead where supposedly i have to give a reason for not complying with residency obligations. They will take a decision thereafter .

the problem is that i had planned my trip in April and it looks like i may not be able to go by then.
I want to know
1) can i ask them to just issue a temporary resident visa without having to fill up the travel document (which will delay things) by requesting to volunatrily relinquish the PR status.
2) suppose i do relinquish PR staus ,will it be difficult for me to apply for a fresh PR status within a year or so sponsored by my Dad who is a canadian citizen. can they deny the same or complicate the process on the grounds that i didn't maintain my PR status earlier for such a long time.
3) Also, i have a compelling reason of having to look after my sick mother , the reason why which i couldn't get back to canada. if this reason is quoted for maintaining my PR status will the processing be delayed. If so how much delayed?
4) Now, hypothetically, even if i get to canada on a travel document, and have to get back to india within a month, do i need a fresh travel document to travel to India. if so how will the processing time be more than my stay period of 1 month. or will they give something like RRP and also permit me to apply for PR card later than 180 days, if i give a reason that i have to sort things in india before i get back to canada for good.

please help me. your inputs will be greatly appreciated

warm regards
sahana

 

[zygurn]

As far as CIC is concerned, you have lost your PR status and your only chance to obtain it back is under humanitarian and compassionate grounds and this won't guarantee you anything at all and the chances through this way aren't favorable. You have to be able to convince CIC you stayed because of your mother (copy of the diagnosis of her sickness, anything from the doctor explaining care was necessary, etc.) and no one else but you could take care of her (you are an only child, you're the oldest child and your siblings aren't of age, she has no other relatives in India like siblings, etc). You can read about several of these cases here: http://www.canlii.org/eliisa/search.do?language=en&searchTitle=Federal+-+Immigration+and+Refugee+Board+of+Canada&sortOrder=relevance&searchPage=eliisa%2FcourtSearch.vm&t=cisr&jurisdiction=ca&text=residency+and+compassionate&id=&startDate=&endDate= but there's no guarantee whether they'll allow you to keep PR or not.

Just one question, how old are you? If you weren't of legal age when you moved back to India, that may be favorable but since your father stayed in Canada, I can't really tell for sure.

 

[sahana]

thanks for the reply, i was a major when i returned from canada.I had to stay back to look after mom as nobody else was ready to do it. and just putting her in a facility was considered by me as inhumane ( and she was in a state where family care was more appropriate , but off late, her condition is worsening which may require an admission into a facility). therefore at that time i made a choice to stay back.it is strange that sometimes truth needs to be presented with evidence beyond certain possibilities. well, since DAD is a citizen living in manitoba, the rules for sponsorship are less stringent it seems. so probably i can reapply and get PR status.

 

[Leon]

If you voluntarily relinquish your PR status to get your TRV, there shouldn't be a problem to apply for the PR again later. It's not like you have broken any rules. Your father can sponsor you under the Manitoba provincial nominee program as long as you both qualify.