Left Canada when a minor

[scylla]

Hi guys,

So I'm having a situation. We immigrated to Canada as a family of 5 (Parents and my 2 siblings) in 2002 with my father being the primary applicant. Our PR card was valid until 2007 and it was never renewed (never applied for PRTD). I was 12 years old at the time, we lived in Canada for about 7 months after which we returned back to our home country due to family reasons.

Fast forward to October 2019, I have submitted my express entry profile as a FSW-O applicant and received my ITA and submitted my profile with an AOR of December 2019. I have applied for my GCMS notes twice (one in April 2020 and another one in June 2020) and they indicated my eligibility is under "Review Required" and that it has to do with my previous PR status. I have called IRCC twice(In June 2020) to have a better understanding of my situation, and both confirmed there's nothing to worry about and that "the officer will soon make a decision on my application, but It will take more than the usual 6 months timeline". I subsequently tried to proactively take action and raised a webform that includes an LOE explaining our previous PR situation and submitted additional documents that verify our genuine intention of settling in Canada (back in 2002).

However, I have called them again last week and after doing some digging, my officer has finally revealed that I still am a PR status holder (I had no clue, always thought my PR status expires with the validity shown on the PR card) and she said that there is almost no reason for refusal (especially because I was a minor and wasn't aware that I had to renounce) but suggested that IRCC may ask me to renounce my PR for them to issue another one or re-activate my current PR status (by signing some papers).

My eligibility is under RR since January 2020 and I'm getting anxious. What do you think is the best way to move forward? Are you guys aware if anybody has been refused for applying to EE whilst being a PR holder?

I'd really appreciate your inputs!!

Thanks!!

This is a messy situation.

You are definitely still a PR on paper even though you don't meet the residency obligation.

Normally you need to renounce your PR status before you can apply for PR again. I'm not sure we've seen a case like this here before so hard to know what IRCC will do. They may give you a chance to renounce. Also possible they may simply refuse you and say that you didn't qualify for EE on the day you received ITA (since you were already a PR).

I would personally start the process to renounce now and submit a case specific inquiring to IRCC letting them know that you have just discovered you are still a PR and have started the process to officially renounced. I wouldn't wait for them.

 

[LebK]

This is a messy situation.

You are definitely still a PR on paper even though you don't meet the residency obligation.

Normally you need to renounce your PR status before you can apply for PR again. I'm not sure we've seen a case like this here before so hard to know what IRCC will do. They may give you a chance to renounce. Also possible they may simply refuse you and say that you didn't qualify for EE on the day you received ITA (since you were already a PR).

I would personally start the process to renounce now and submit a case specific inquiring to IRCC letting them know that you have just discovered you are still a PR and have started the process to officially renounced. I wouldn't wait for them.

Thanks @scylla,

Do you think it's a good idea for me to take immediate action and go ahead with renouncing my PR before them requesting me to do so? Isn't it possible for them to renounce my current status without me voluntarily doing it, given that I've shown intention by applying for express entry?

If I had to renounce it, any idea how long the process would take?

 

[canuck78]

Thanks @scylla,

Do you think it's a good idea for me to take immediate action and go ahead with renouncing my PR before them requesting me to do so? Isn't it possible for them to renounce my current status without me voluntarily doing it, given that I've shown intention by applying for express entry?

If I had to renounce it, any idea how long the process would take?

Given your age you are unlikely to be able to keep your PR based on a H&C reason of being removed as a minor. You can try to come in via the US border but there is a good chance you may be reported. If you don’t have a SIN you won’t be able to work. If you aren’t reported you would need to remain in Canada until you met your RO. Health coverage could be difficult to get during the 2-3 years until you have a valid PR card.


Given the world situation I assume you aren’t anxious to relocate so if you don’t want to renounce just wait it out. Will you keep your CRS score for the next year? Assume it must be in the 470/480s.

 

[LebK]

Given your age you are unlikely to be able to keep your PR based on a H&C reason of being removed as a minor. You can try to come in via the US border but there is a good chance you may be reported. If you don’t have a SIN you won’t be able to work. If you aren’t reported you would need to remain in Canada until you met your RO. Health coverage could be difficult to get during the 2-3 years until you have a valid PR card.


Given the world situation I assume you aren’t anxious to relocate so if you don’t want to renounce just wait it out. Will you keep your CRS score for the next year? Assume it must be in the 470/480s.

hi @canuck78,

I am not sure i understand what you’re saying. I already am a PR applicant under FSW with an AOR of December 2019, as previously mentioned.
The three IRCC agents that I have talked to over the phone have reaffirmed that my application is not in danger of getting refused, they may ask of me to renounce my PR, though.
Why would you think they would straight out refuse my PR application?

 

[canuck78]

hi @canuck78,

I am not sure i understand what you’re saying. I already am a PR applicant under FSW with an AOR of December 2019, as previously mentioned.
The three IRCC agents that I have talked to over the phone have reaffirmed that my application is not in danger of getting refused, they may ask of me to renounce my PR, though.
Why would you think they would straight out refuse my PR application?

They could refuse because you didn’t qualify for FSW when you applied. You even mention “reactivating” which I take as refusing and allowing you to reapply. How you would reapply is up to CIC.

 

[LebK]

They could refuse because you didn’t qualify for FSW when you applied. You even mention “reactivating” which I take as refusing and allowing you to reapply. How you would reapply is up to CIC.

Oh, I see, I think she used a different wording which basically meant that a new PR card would be issued based on my current PR status.

I mean they must have rejected my application long ago if that was the case. My application has crossed the 7-months mark and with three agents confirming my application is not in danger of being rejected. Would you suggest giving them another call and suggest renouncing my current status and send a confirmation when done?

Thanks again!

 

[LebK]

Thanks @scylla,

Do you think it's a good idea for me to take immediate action and go ahead with renouncing my PR before them requesting me to do so? Isn't it possible for them to renounce my current status without me voluntarily doing it, given that I've shown intention by applying for express entry?

If I had to renounce it, any idea how long the process would take?

@scylla I'd also appreciate your inputs on this if possible. Thanks!

 

[scylla]

@scylla I'd also appreciate your inputs on this if possible. Thanks!

1) Don't bother calling the IRCC help line and take anything they have told you so far with a grain of salt. They aren't IRCC case officers and are known to give out wrong answers to far more basic questions than yours. Your situation is complicated and it's something I would expect the help line to be able to understand and answer correctly. If you want advice, pay for a consult with a good immigration lawyer.
2) You can't get approved through Express Entry without renouncing your PR first. I personally wouldn't wait. I would start the process myself since it can take a while to process. But your call obviously.

 

[LebK]

1) Don't bother calling the IRCC help line and take anything they have told you so far with a grain of salt. They aren't IRCC case officers and are known to give out wrong answers to far more basic questions than yours. Your situation is complicated and it's something I would expect the help line to be able to understand and answer correctly. If you want advice, pay for a consult with a good immigration lawyer.
2) You can't get approved through Express Entry without renouncing your PR first. I personally wouldn't wait. I would start the process myself since it can take a while to process. But your call obviously.

One more question please.
I got in touch with several lawyers and consultants and got mixed responses. Some suggested I renounce immediately and others suggested I should go with PRTD. Now knowing how rare it is for a PRTD case to be approved at this age, I'd rather go with a different option.
One lawyer suggested I should raise a web form saying I'm intending to renounce and request a confirmation from IRCC whether this is the right thing to do before actually renouncing. That made a lot of sense to me, what do you think?
Do you think they would give me a firm answer in that case? Would a decision-making officer pick up my webform or is it a call center agent?

Much appreciated!

 

[PMM]

Hi

One more question please.
I got in touch with several lawyers and consultants and got mixed responses. Some suggested I renounce immediately and others suggested I should go with PRTD. Now knowing how rare it is for a PRTD case to be approved at this age, I'd rather go with a different option.
One lawyer suggested I should raise a web form saying I'm intending to renounce and request a confirmation from IRCC whether this is the right thing to do before actually renouncing. That made a lot of sense to me, what do you think?
Do you think they would give me a firm answer in that case? Would a decision-making officer pick up my webform or is it a call center agent?

Much appreciated!

1. CIC is not going to tell you what to do. It is your decision.

 

[LebK]

Hi guys,

So I'm in the process of renouncing my PR though I have just noticed that my UCI (the one earned in 2002) and my current EE application UCI is the same. Does that affect my current EE application at all, given that both Client IDs (UCI) are similar?

 

[PMM]

Hi

Hi guys,

So I'm in the process of renouncing my PR though I have just noticed that my UCI (the one earned in 2002) and my current EE application UCI is the same. Does that affect my current EE application at all, given that both Client IDs (UCI) are similar?

1. It doesn't matter about the number of applications/interactions with CIC, you only get 1 UCI

 

[Irkhan]

Message sent

Please Help and Share on billu2332010@gmail.com, i have the same Problem and now i am 18 and want to apply for the PRTD to renew my PR Card.
Appreciate for your help Please.

 

[canuck78]

Please Help and Share on billu2332010@gmail.com, i have the same Problem and now i am 18 and want to apply for the PRTD to renew my PR Card.
Appreciate for your help Please.

Assume you are the son because the past posts have you being 45+. You have to apply for a PRTD based on H&C that you were removed as a minor and see if you are approved. If you have a US visa you can go to the US for a few weeks and try to enter Canada but given covid that may be much more complicated if not impossible.

 

[Irkhan]

Yes; i am the Son as My Parents didn't return to Canada and now i am 18 and would like to return on H&C Ground, i was wondering what shall i write in question 19 for argument of H&C for PRTD application can you please guide.