LANDED IMMIGRANT/PERMANENT RESIDENCE STATUS QUESTION

[Jazzbutcherfan]

Hi, and first of thrilled to have found this forum.

My question is this... I received a work permit and worked in Canada from 1995-1998 (after studying at McGill) and then received what was at the time called Landed Immigrant status (I understand now this is PR status).

I left Canada in 2001 to return to the states and now would like to return to Canada. I consulted one attorney who said that once you have your Landed Immigrant status/PR status that it's always in the system unless officially "revoked" or rescinded by me.

I explained to them that in 2006 I went up to visit Canada with my Canadian girlfriend and an immigration official stopped me when I said I lived in the States and said, here in our system you're a Landed Immigrant/Permanent Resident of Canada. I then said "I moved back to the States years ago" and then was let into Canada on my US passport.

I asked the attorney if the person at the border would have flagged my Landed Immigrant/Permanent Residence status when I said "I've moved back to the US"...

They said if my status was revoked that I would "know about it". I'm not quite sure how I would "know about it" as I imagine the Canadian government would have sent paperwork informing me of the revoking to my old Canadian address and I never would have received it.

So I guess my first question is: Would the immigration officer have made a note on my file to "revoke" my status by my saying "I no longer live in Canada"

My second question is: If my status wasn't revoked and I was able to return to Canada without getting stopped at the border would my starting to work after a decade long absence using my old Social Insurance Number automatically flag my return.

Thanks in advance and I hope in my highly caffinated morning state this all made sense.

 

[Alabaman]

I am no expert but based on what I have read from this forum, stories I have heard outside of this forum and from reading the regs., this is what I think:

Just like the IO said in 2006, your information is still in the system as a PR. It will remain in the system "forever" unless it is officially rescinded. You would have been aware at the POE, if your PR status was to be revoked.

Your SIN is still good and if you are able to make it back into Canada, I don't see any problems with you picking up a job. Picking up a job will not automically flag your return. If you think about it, there are many PRs working outside the country for Canadian companies or accompanying spouses that are citizens. The only flag will be from Canada Revenue. They will write or call you about your taxes for the years you were absent. What you have to do in this case is file a zero income return for the years you were absent. I am assuming that you haven't been filing taxes since you have been non resident.

The other question, if you are able to get back into Canada, is: Will you stay for 2 full years without traveling? If not, each time you exit and try to return within the first 2 years, you risk being asked again about your residency obligation.

 

[Jazzbutcherfan]

Thanks for the fast response.

I'm obviously hoping this is the case and the lawyer I spoke to implied the same thing. I guess I'm wondering how I would know about if my LE status was being officially revoked by what happened at the airport.

Do they pull you out of line and take you to the airport immigration office to process the revocation and that's how you know it's official?

Or, is saying "I don't live in Canada anymore" an official act and the IO just clicks a button on the screen and a letter is generated to my old Canadian address saying "Your LE/PR status is revoked). That's my nightmare scenario that my exchange with the IO at the airport became "official" in terms of ending my status.

Thank you again for the help... It is most appreciated.