Landed in 2007 and need to enter again

[dean17]

Hello Everyone,

I landed in January 2007 for the first time. All I did at that time was just land and I stayed for a couple of hours before I got into a flight back to the States. My PR card expires in January 2012

Right now, I want to go back to Canada and do my SSN , etc . I guess my question is what exactly should I do when I get back. I remember vaguely having to get health insurance, social security, etc. Can you guys help me ? I am not sure what I need to do. I will be going to Windsor and maybe Toronto

I heard of people who use lawyers to help them get the residency requirement to get the passport withut being physically in the country ? How does that work ? I live and work in the states and do not want to leave now but I also do not want to use my canadian PR and Passport in the future

Any help would be greatly appreciated

 

[PMM]

Hi

Hello Everyone,

I landed in January 2007 for the first time. All I did at that time was just land and I stayed for a couple of hours before I got into a flight back to the States. My PR card expires in January 2012

Right now, I want to go back to Canada and do my SSN , etc . I guess my question is what exactly should I do when I get back. I remember vaguely having to get health insurance, social security, etc. Can you guys help me ? I am not sure what I need to do. I will be going to Windsor and maybe Toronto

I heard of people who use lawyers to help them get the residency requirement to get the passport withut being physically in the country ? How does that work ? I live and work in the states and do not want to leave now but I also do not want to use my canadian PR and Passport in the future

Any help would be greatly appreciated

1. Unless you have a Canadian spouse or are working for a Canadian company and assigned abroad, you have lost your PR status. You are required to spend 2 years in every 5 year period in Canada. If you left in January/07 your PR status expired in January/10. So it is quite possible that you will questioned and reported on your next entry to Canada.

 

[dean17]

Then is there anything I can do now ? Laywer ?

This might be a stupid question but if my PR card is valid until 2012 why would I lose my status? Would travel there even for vacation with my PR be problematic ?

 

[links18]

Its pretty amazing that someone can go through the process to get PR status, yet fail to understand their obligations after receiving it. The validity of the PR card is irrelevant. If you have been out of Canada long enough, such that there is no way for you to fulfill the requirement of 2 years out 5 years physically present in Canada, you have lost your PR status regardless of the expiration date on the card. It is up to you to prove you have meet the physical presence requirement. If it is determined you have lost your PR status, there is nothing a lawyer can do for you except to file another PR application from the start.

 

[Leon]

There is one way to keep your PR. This is if you get into Canada without having to tell them that you have been gone that long and stay in Canada. Generally your PR status is not questioned except on entry and/or when you try to renew your PR card so that is why it is also important if you get in, not to try to renew your PR card until you have the required 730 days in Canada in the previous 5 year period before you apply to renew.

When you applied for your PR, you should have read up on, not just the rights of a PR to live and work in Canada but also the obligations, for example staying in Canada for 2 years in each 5 year period. These are not stringent requirements compared to many other countries. In some countries, you lose your PR if you are gone more than 6 months.

It has nothing to do with how much time or money you spent on getting your PR. You can also buy nice things and lose them because you don't take proper care.

If you do not want to move to Canada at this point, just vacation, you can also tell the border that you were a PR but have lost your PR because you did not meet the residency requirements. They may offer you to sign a document to relinquish your PR officially or if you don't want that, they may start proceedings to revoke your PR but will let you in for 30 days to give you time to appeal. It is unlikely that you will win an appeal unless you have some mitigating circumstances, taking care of dying relative for example. After you have lost your PR, you can still visit Canada as a tourist. Your passport will determine if you will need a tourist visa.

 

[links18]

Can he try to enter Canada as a visitor, i.e. not present his PR card at the border? Technically, he is no longer a PR, right?

 

[PMM]

Hi

Can he try to enter Canada as a visitor, i.e. not present his PR card at the border? Technically, he is no longer a PR, right?

It is called misrepresentation then.

 

[links18]

Why would it be misrepresentation if he has lost his PR status? Or has he not lost his PR status until there is an official determination that he has lost it?

 

[Leon]

Right, he has not lost it until it has been made official. As a PR, he is required to use a PR card to enter Canada. If he wants to admit to having lost his PR, he can do that and they will have him sign something and let him enter as a tourist.

If somebody were to enter as a tourist, hoping to thereby avoid questions about their residency requirements, would be seen as misrepresentation.