Help needed - Unusual situation

[princessofdiamonds]

Hi guys ,

I wondered if someone could help me .

I moved to Canada in 2007 when I was 18 under my fathers application and was granted a PR card. However at 18 I found the move extremely difficult and after a year I moved back to the UK . I visit every holiday as I am school teacher .

I made the decision last year to move back and put in an application in the express entry system to move back out .

All was going smoothly until I applied for an eta and it flagged that I still held PR STATUS. I was confused and looked into it , and I hadn't given up my residency, I just assumed it stopped once my PR card expired. Everytime I travel , I never declared my PR status as I didn't realise I had to - so ive always come over on a visitors visa .

My question is ... Is there anyway I can hang on to this? For example , can I come back into the country and stay for two years and then re apply for a PR card ? As I know they only check the last 5 years . My worry is , that they will flag my case if I out of the blue start to work again - ie my social security number .

I kno I can't apply for compassionate grounds as nothing major happened in my life to make me stay in the UK.. Just now I want to be reunited with my family and thought maybe there was something I could do.

Thanks guys

 

[Leon]

If you go to Canada and stay for 2 years, you will have put your PR status back in good standing and can renew your PR card. You may find that your SIN has been set to dormant status and needs to be re-activated. You may have a problem applying for a drivers license without a valid PR card. That is pretty much it.

Immigration will not start an investigation into your PR status out of the blue. They may do it if you are entering Canada or if you apply for something from like like renew your PR card, sponsor family member etc.

 

[princessofdiamonds]

If you go to Canada and stay for 2 years, you will have put your PR status back in good standing and can renew your PR card. You may find that your SIN has been set to dormant status and needs to be re-activated. You may have a problem applying for a drivers license without a valid PR card. That is pretty much it.

Immigration will not start an investigation into your PR status out of the blue. They may do it if you are entering Canada or if you apply for something from like like renew your PR card, sponsor family member etc.

If my sin is dormant , can I reactivate that without cic flagging anything ? And if I enter just as I have been doing before , im assuming I won't get reported if I say im just visiting ? Obviusly im then out staying the number of days im putting on my customs card ... But surely this is ok?

 

[princessofdiamonds]

Also I have applied for express entry but have not received ita .. So im assuming that won't flag anything . Shall I pull my application and risk the two year thing ?

 

[Rob_TO]

If my sin is dormant , can I reactivate that without cic flagging anything ? And if I enter just as I have been doing before , im assuming I won't get reported if I say im just visiting ? Obviusly im then out staying the number of days im putting on my customs card ... But surely this is ok?

I beleive SINs go dormant after 5 years of non-use. CIC has nothing to do with SINs, you would need to re-activate it with the specific government department that deals with SINs. You must give them your reasons of why the SIN was not used in all that time. I don't think that they would notify CIC if they notice a PR has reactivated a SIN after being out of the country for so long, but I really don't know.

Also I have applied for express entry but have not received ita .. So im assuming that won't flag anything . Shall I pull my application and risk the two year thing ?

You are still a PR until you officially renounce it or have it revoked. And PRs aren't eligible for express entry. So you should expect to get a refusal notice soon on your express entry app, due solely to the reason that you're already a PR. Not sure if this will also trigger a residency investigation, but in other cases I've seen applicants are simply informed they're not eligible and that's it (like when you applied for eTA).

You can try renouncing PR first and then keeping the express entry app in, and hope they don't start processing the express entry app until your PR status is officially gone. Else you may need to start from scratch again after your PR is gone.

As mentioned if you can make it back to Canada without being reported, you'll need to then stay here for 2 straight years without leaving, before you will be back in compliance with RO and can apply to renew your PR card. You can try to fly as a foreign national on just your visa-exempt passport and hope the airline isn't able to tell you're a PR to demand a PR card (note eTA is not really required to fly until Sept 30 this year).

 

[princessofdiamonds]

I beleive SINs go dormant after 5 years of non-use. CIC has nothing to do with SINs, you would need to re-activate it with the specific government department that deals with SINs. You must give them your reasons of why the SIN was not used in all that time. I don't think that they would notify CIC if they notice a PR has reactivated a SIN after being out of the country for so long, but I really don't know.

You are still a PR until you officially renounce it or have it revoked. And PRs aren't eligible for express entry. So you should expect to get a refusal notice soon on your express entry app, due solely to the reason that you're already a PR. Not sure if this will also trigger a residency investigation, but in other cases I've seen applicants are simply informed they're not eligible and that's it (like when you applied for eTA).

You can try renouncing PR first and then keeping the express entry app in, and hope they don't start processing the express entry app until your PR status is officially gone. Else you may need to start from scratch again after your PR is gone.

As mentioned if you can make it back to Canada without being reported, you'll need to then stay here for 2 straight years without leaving, before you will be back in compliance with RO and can apply to renew your PR card. You can try to fly as a foreign national on just your visa-exempt passport and hope the airline isn't able to tell you're a PR to demand a PR card (note eTA is not really required to fly until Sept 30 this year).

I have been travelling back and forth to Canada since my PR expired (and since I left in 2009) and have never shown my PR card since I had my new passport through. Never had questions at the border, nothing. I also just say im visiting. So can I say that this time and just stay?

 

[Leon]

I have been travelling back and forth to Canada since my PR expired (and since I left in 2009) and have never shown my PR card since I had my new passport through. Never had questions at the border, nothing. I also just say im visiting. So can I say that this time and just stay?

Yes, just enter as you have done before. Say you are visiting and do not show up with all of your belongings in the world as to not attract attention. You can box them up and mail them to your relatives address before you go.

 

[princessofdiamonds]

Yes, just enter as you have done before. Say you are visiting and do not show up with all of your belongings in the world as to not attract attention. You can box them up and mail them to your relatives address before you go.

Thanks again for your reply. It's just my worry (And my Father's ) is obviously I will be cleared at Customs to only stay a certain amount of days. Surely, it would flag on their system if I don't catch a flight home again?

 

[Leon]

Thanks again for your reply. It's just my worry (And my Father's ) is obviously I will be cleared at Customs to only stay a certain amount of days. Surely, it would flag on their system if I don't catch a flight home again?

They still don't have exit checks so probably not.

 

[Rob_TO]

I have been travelling back and forth to Canada since my PR expired (and since I left in 2009) and have never shown my PR card since I had my new passport through. Never had questions at the border, nothing. I also just say im visiting. So can I say that this time and just stay?

Yes you can certainly try this, however you need to be aware that if you go to secondary inspection for any reason, CBSA can find out on their own that you're a PR. And if they find out you're a PR, they can report you for not meeting the residency obligation and start process to revoke your PR status.

If you can enter Canada without being reported, you then need to be prepared to stay here for 2 straight years, without leaving even once for any reason. Especially after Sept 30, you will no longer be able to travel to Canada on just your visa-exempt passport since you don't qualify for an eTA as a PR. And anytime you left and tried to return (say by driving across US border), you would run the risk of being reported for not meeting RO.

If you want the ability to travel to and from Canada for next couple of years, then your only option would be to renounce your PR status and apply for PR again with express entry. As soon as you renounce PR, you can then get an eTA and travel in and out of Canada as a visitor. Of course then you won't be able to work here until you get your new PR approved.

 

[princessofdiamonds]

Yes you can certainly try this, however you need to be aware that if you go to secondary inspection for any reason, CBSA can find out on their own that you're a PR. And if they find out you're a PR, they can report you for not meeting the residency obligation and start process to revoke your PR status.

If you can enter Canada without being reported, you then need to be prepared to stay here for 2 straight years, without leaving even once for any reason. Especially after Sept 30, you will no longer be able to travel to Canada on just your visa-exempt passport since you don't qualify for an eTA as a PR. And anytime you left and tried to return (say by driving across US border), you would run the risk of being reported for not meeting RO.

If you want the ability to travel to and from Canada for next couple of years, then your only option would be to renounce your PR status and apply for PR again with express entry. As soon as you renounce PR, you can then get an eTA and travel in and out of Canada as a visitor. Of course then you won't be able to work here until you get your new PR approved.

Ive spoken to my Mom and Dad long and hard about this, and I'm willing to accept that under no circumstances can I travel back to the UK (not even for funerals etc). Sad, but It's a choice I'm willing to make.

Thanks for all your help guys - much appreciated. My Mom, Dad and Sister are all in Canada so can't wait to rejoin them!

 

[princessofdiamonds]

Ok guys I just realised another problem .. I have an express entry application and I applied to the oinp for an extra 600 points...'will this stop me entering the country if they process this application? I know it will probably be rejected as I hold PR status ( which I didn't realise ) but will it stop me going ahead with this plan? I think I made a mistake on the form so I'm hoping it just gets sent back and I won't resend... But I think it's due to be looked at in the next week or so and now I'm panicking ! So is oinp directly linked with cic to report this? Help !,

 

[Rob_TO]

Ok guys I just realised another problem .. I have an express entry application and I applied to the oinp for an extra 600 points...'will this stop me entering the country if they process this application? I know it will probably be rejected as I hold PR status ( which I didn't realise ) but will it stop me going ahead with this plan? I think I made a mistake on the form so I'm hoping it just gets sent back and I won't resend... But I think it's due to be looked at in the next week or so and now I'm panicking ! So is oinp directly linked with cic to report this? Help !,

Not probably... the express entry app will definitely be rejected as you're a PR.

You should send in a request to cancel it IMMEDIATELY. Nothing good can come from having it continue. Worst case scenario is it triggers a residency obligation investigation into your PR status when they determine you're actually a PR living abroad. Best case is it's simply refused.

If you cancel it, you may even get some of the processing fees back.

Regardless, if the app does go on to process it most likely won't have any impact when you try to enter Canada.

 

[princessofdiamonds]

I'm very confused on what to do to be honest . I've obviously tried to do things the right way by submitting an application etc, but now I feel that it's all screwed up and I don't know what to do , not sure what the best route in is now. If I knew that I still held PR status in some way, I would have gone back a couple of years ago rather than to continue To work in the uk . I very much doubt that I have any grounds for h and c if I do get caught, so I don't know whether to renounce my residency and continue with oinp or risk it and enter in the summer as a visitor and stay.

what a mess

 

[Rob_TO]

I'm very confused on what to do to be honest . I've obviously tried to do things the right way by submitting an application etc, but now I feel that it's all screwed up and I don't know what to do , not sure what the best route in is now. If I knew that I still held PR status in some way, I would have gone back a couple of years ago rather than to continue To work in the uk . I very much doubt that I have any grounds for h and c if I do get caught, so I don't know whether to renounce my residency and continue with oinp or risk it and enter in the summer as a visitor and stay.

what a mess

You could always simply try to enter Canada using just your visa-exempt passport. If you make it in without being reported then you should be fine if you wait here 2 years.
If you are reported for not meeting RO then probably no point in appealing (since as you said you don't have any H&C reasons), so you can then just accept the revoking of your PR, stay in Canada as a visitor (or return back to UK if you wanted to work), and try for PR from scratch again under express entry.