Long Expired PR - What Are the Options?

[planet2]

My dad received his PR more than 10 years ago, but he left Canada more than 5 years ago and did not maintain his residency obligations or renewed his PR card,

Now, with the war in Ukraine, I want to bring him back, as it may not be safe to stay there any longer.

What are available options, given that he needs a valid PR card to be able to board the plane. Do I try to renew it (which would be problematic, since he did not maintain his residency) or should I just apply for an entry document under the new CUAET program for Ukrainians?

I also should mention that my mom is a Canadian citizen and she is there with him right now. If there is an opportunity for her to be his 'sponsor' in a way, please advise.

Thank you in advance - this has been heart wrenching for me to watch what is going on, and worry sick about them.

 

[armoured]

It's hard to say what will work most quickly. But I think it's unavoidable that he'll need to apply for a PRTD (travel doc for a PR without a card) OR renounce his PR status. And the thing is, the PRTD app is also sort of one way to get the PR status revoked.

So:
1: Apply for PRTD (go to 2) or renounce (go to 4).
2. If PRTD is granted, go to Canada.
3. If PRTD is denied, this revokes PR status. Go to 4.
4. Apply for the new special Ukrainian thing.
5. Go to Canada.

For PRTD: the 'normal' PRTD H&C 'reasons' is mostly about reasons why the PR did not return earlier. But there are 'ties to Canada' and other H&C reasons. (You could also mention covid as a reason for not returning earlier but not a great case given that he's not been back in five years +. And of course maybe you/he/spouse have other H&C reasons as well).

Given the circumstances, I would just go full-out on the 'need to get out of Ukraine to join family and spouse and this is the fastest and best way to ensure this PR and spouse of citizen/parent of citizen NOW.' Don't be shy about contacting MP, whatever you can think of, to make your case and ask them to process quickly.

Good luck.

 

[canuck78]

My dad received his PR more than 10 years ago, but he left Canada more than 5 years ago and did not maintain his residency obligations or renewed his PR card,

Now, with the war in Ukraine, I want to bring him back, as it may not be safe to stay there any longer.

What are available options, given that he needs a valid PR card to be able to board the plane. Do I try to renew it (which would be problematic, since he did not maintain his residency) or should I just apply for an entry document under the new CUAET program for Ukrainians?

I also should mention that my mom is a Canadian citizen and she is there with him right now. If there is an opportunity for her to be his 'sponsor' in a way, please advise.

Thank you in advance - this has been heart wrenching for me to watch what is going on, and worry sick about them.

Did your father ever live in Canada? How long after getting PR? When your father left Canada did your mother stay in Canada to get citizenship or was she already a citizen?

 

[planet2]

They received their PR status together back in 2000s, but my dad, unfortunately, did not want to live here. My mom went back and forth, maintained her PR status and eventually became a citizen.

 

[canuck78]

It's hard to say what will work most quickly. But I think it's unavoidable that he'll need to apply for a PRTD (travel doc for a PR without a card) OR renounce his PR status. And the thing is, the PRTD app is also sort of one way to get the PR status revoked.

So:
1: Apply for PRTD (go to 2) or renounce (go to 4).
2. If PRTD is granted, go to Canada.
3. If PRTD is denied, this revokes PR status. Go to 4.
4. Apply for the new special Ukrainian thing.
5. Go to Canada.

For PRTD: the 'normal' PRTD H&C 'reasons' is mostly about reasons why the PR did not return earlier. But there are 'ties to Canada' and other H&C reasons. (You could also mention covid as a reason for not returning earlier but not a great case given that he's not been back in five years +. And of course maybe you/he/spouse have other H&C reasons as well).

Given the circumstances, I would just go full-out on the 'need to get out of Ukraine to join family and spouse and this is the fastest and best way to ensure this PR and spouse of citizen/parent of citizen NOW.' Don't be shy about contacting MP, whatever you can think of, to make your case and ask them to process quickly.

Good luck.

The fastest way to get out of Ukraine may be to renounce his PR but that may be a bad option since he wouldn’t qualify for things like healthcare in most provinces. We need more details about his father’s stay in Canada to see if he’d be a good candidate for PRTD based on H&C.

 

[planet2]

It's hard to say what will work most quickly. But I think it's unavoidable that he'll need to apply for a PRTD (travel doc for a PR without a card) OR renounce his PR status. And the thing is, the PRTD app is also sort of one way to get the PR status revoked.

So:
1: Apply for PRTD (go to 2) or renounce (go to 4).
2. If PRTD is granted, go to Canada.
3. If PRTD is denied, this revokes PR status. Go to 4.
4. Apply for the new special Ukrainian thing.
5. Go to Canada.

For PRTD: the 'normal' PRTD H&C 'reasons' is mostly about reasons why the PR did not return earlier. But there are 'ties to Canada' and other H&C reasons. (You could also mention covid as a reason for not returning earlier but not a great case given that he's not been back in five years +. And of course maybe you/he/spouse have other H&C reasons as well).

Given the circumstances, I would just go full-out on the 'need to get out of Ukraine to join family and spouse and this is the fastest and best way to ensure this PR and spouse of citizen/parent of citizen NOW.' Don't be shy about contacting MP, whatever you can think of, to make your case and ask them to process quickly.

Good luck.

Yes, it looks like applying for the Ukrainian thingie may be the best option. Now, should it be me applying on his behalf, or my mom, since she is a citizen and this will be 'family unification' technically, as my dad is considered her 'family member'?

 

[canuck78]

They received their PR status together back in 2000s, but my dad, unfortunately, did not want to live here. My mom went back and forth, maintained her PR status and eventually became a citizen.

Ok so he isn’t a good candidate for PRTD based on H&C since he never really settled in Canada and your mother joined him in a Ukraine. He could try for PRTD based on H&C but it would be a long shot. It is up to your family to decide what you want to try. CUAET is probably a better option but he needs to renounce PR status to qualify.

 

[canuck78]

Yes, it looks like applying for the Ukrainian thingie may be the best option. Now, should it be me applying on his behalf, or my mom, since she is a citizen and this will be 'family unification' technically, as my dad is considered her 'family member'?

Could be either but he needs to renounce PR to qualify. That can take some time but maybe your MP can help. Your mother can sponsor him again when they come to Canada.

 

[planet2]

The fastest way to get out of Ukraine may be to renounce his PR but that may be a bad option since he wouldn’t qualify for things like healthcare in most provinces. We need more details about his father’s stay in Canada to see if he’d be a good candidate for PRTD based on H&C.

Technically, he has not lost his PR. It would be taken away at some point, if he were allowed into Canada and it was identified that he did not meet his residency obligations.

Is renouncing PR a requirement to apply for an entry visa under the Ukrainian program? I see it as a vehicle to enter Canada, at which point they would have to make a determination whether or not he can maintain his PR status. It will be hopefully easier, since he will be technically a refugee, trying to escape war.

He did not stay in Canada that much. They stayed for about 2 months after landing and then went back, and then came back closer to my daughter's birth, after which he stayed for about 5 months. He claimed he was not feeling well physically here. Given that my mom was a PR too, would anything about 'accompanying a PR' work in this situation?

 

[planet2]

Ok so he isn’t a good candidate for PRTD based on H&C since he never really settled in Canada and your mother joined him in a Ukraine. He could try for PRTD based on H&C but it would be a long shot. It is up to your family to decide what you want to try. CUAET is probably a better option but he needs to renounce PR status to qualify.

Thank you very much - I appreciate your assistance. While he did not live here, they were submitting their taxes on an annual basis and have investments/bank account here. Not a good reason for H&C, but a little bit of 'established' factor.

May I inquire where I can read up more about a requirement to renounce the PR status to qualify for CUAET?

And can my mom apply for him in the 'family unification' category?

 

[canuck78]

Thank you very much - I appreciate your assistance. While he did not live here, they were submitting their taxes on an annual basis and have investments/bank account here. Not a good reason for H&C, but a little bit of 'established' factor.

May I inquire where I can read up more about a requirement to renounce the PR status to qualify for CUAET?

And can my mom apply for him in the 'family unification' category?

If your mother was in Canada or they had investments in Canada they were required to file taxes. That doesn’t excuse not meeting RO. When did he enter Canada to see your daughter and how did he enter?

 

[planet2]

If your mother was in Canada or they had investments in Canada they were required to file taxes. That doesn’t excuse not meeting RO. When did he enter Canada to see your daughter and how did he enter?

They entered via international airport in Canada. He last came before my daughter's birth and she is a teen right now

 

[armoured]

Thank you very much - I appreciate your assistance. While he did not live here, they were submitting their taxes on an annual basis and have investments/bank account here. Not a good reason for H&C, but a little bit of 'established' factor.

May I inquire where I can read up more about a requirement to renounce the PR status to qualify for CUAET?

And can my mom apply for him in the 'family unification' category?

.the short form is simply that prs are not eligible to receive visas which are meant for foreign nationals (a PR is not by law a foreign national - definitional thing).

Personally I'd still apply for the prtd - if denied he can then apply for the special Ukraine travel permission.

But I do not know if that will be faster of course and only you can decide

 

[canuck78]

They entered via international airport in Canada. He last came before my daughter's birth and she is a teen right now

So before his PR card expired?

 

[scylla]

Thank you very much - I appreciate your assistance. While he did not live here, they were submitting their taxes on an annual basis and have investments/bank account here. Not a good reason for H&C, but a little bit of 'established' factor.

May I inquire where I can read up more about a requirement to renounce the PR status to qualify for CUAET?

And can my mom apply for him in the 'family unification' category?

You can read instructions on how to renounce PR here. The requirement to renounce is not specific to CUAET. It applies to any situation involving any temporary visa (CUAET is a temporary visa). PRs do not qualify for temporary visas since they are already permanent residents. They need to renounce their PR status first before a temporary visa application can be processed.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-voluntarily-renounce-permanent-resident-status.html

I'm not sure what you mean by 'family unification' category. If you are going the route of renouncing his PR status so that he can apply for a temporary visa, then CUAET will be fastest and he applies for this on his own (there is no family unification factor).

If he doesn't want to renounce PR, then the options are to either apply for a PR Travel Document citing H&C considerations or (if he has a valid US visa) to fly to the US and then re-enter Canada through a land border.