Lost PR - how to regain

[MrObvious]

Dear All,

Situation:
I have lived outside of Canada for more than 3 years in the last 5 years and do not meet any of the traveling with family or business exceptions. It's my understanding that I've lost my Canadian PR, please correct me if I'm wrong.

Question:
Can I renew the PR, since I over-staid the 3 years abroad? If yes, how?

In addition:
It's my understanding that I can request an exemption under humanitarian and compassionate grounds? Left Canada in order to have a better income; to grand our soon to be born child economic safety. Would this reasoning qualify for such exemption?
If so, where can I request such an exemption, at port of Entry in Canada or in current country of residence?

Thank you in advance for your help! Regards,

 

[scylla]

The reasons why you have failed to meet the residency obligation will not be accepted under humanitarian and compassionate grounds (economic reasons are not accepted). So that option is out. You do not qualify for an exemption from the residency requirement and can't ask for one.

You have not technically lost your PR status at this point. You however cannot renew your PR card from abroad.

If you want a chance you save your PR status and renew your PR card, you should return to Canada as soon as possible and then remain in Canada without leaving for two years straight. Once the two years have passed, you will then be able to apply for a new PR card. Note that there is a chance that you may be reported for failing to meet the residency obligation when you enter Canada. If you are reported, you will be called to a hearing and should expect to lose your PR status since you have no H&C reasons for failing to meet the residency requirement. You should also note that if you are able to enter Canada successfully, you will be unable to sponsor a spouse or child for PR until you meet the residency requirement (i.e. until you've spent two years in Canada).

 

[MrObvious]

If you want a chance you save your PR status and renew your PR card, you should return to Canada as soon as possible and then remain in Canada without leaving for two years straight. Once the two years have passed, you will then be able to apply for a new PR card. Note that there is a chance that you may be reported for failing to meet the residency obligation when you enter Canada. If you are reported, you will be called to a hearing and should expect to lose your PR status since you have no H&C reasons for failing to meet the residency requirement. You should also note that if you are able to enter Canada successfully, you will be unable to sponsor a spouse or child for PR until you meet the residency requirement (i.e. until you've spent two years in Canada).

So, If I decide to return to Canada I would need to leave my child behind? (born after I left Canada) And sponsor after I meet the residency requirement, or is there any way my child could come along with me?

 

[scylla]

So, If I decide to return to Canada I would need to leave my child behind? (born after I left Canada) And sponsor after I meet the residency requirement, or is there any way my child could come along with me?

It depends.

If your child holds a visa exempt passport, then you will have no issues bringing your child with you to Canada as a visitor. However you won't be able to sponsor your child for PR until the 2 year period has passed. You will need to continue to apply to extend your child's visit to Canada for the two years it takes to meet the residency obligation - plus the processing time for the PR application.

If your child holds a non visa exempt passport, then you will have to apply for a TRV (tourist visa) to bring your child to Canada. This may or may not be approved. If the TRV is refused, you can then try applying for a TRP. If the TRP is also refused, then you would have to return to Canada without your child, live in Canada for 2 years, and only then be able to sponsor your child for PR. You will be able to bring your child to Canada once the PR application has been approved and a PR visa issued.

 

[MrObvious]

You have not technically lost your PR status at this point. You however cannot renew your PR card from abroad.

First, Scylla thank you so much for the helpful answers! At what point do I loose PR status? E.g. how much longer can I stay abroad?

 

[scylla]

At what point do I loose PR status? E.g. how much longer can I stay abroad?

It doesn't really work that way. Technically you have already stayed outside of Canada too long because you no longer meet the RO. To answer your question more fully, we would need to know if you hold a visa exempt passport or not.

 

[keesio]

At what point do I loose PR status?

You can lose PR status in the following ways if you don't meet the RO (which applies to you):
-you come back to Canada and CBSA reports you for violating your RO
-you apply for a visitor visa
-you try to sponsor someone to Canada (if you are able to make it back to Canada without being reported by CBSA)

There may be others.

 

[Msafiri]

.... At what point do I loose PR status? E.g. how much longer can I stay abroad?

A PR loses their status:

1. When reported for inadmissibility (criminality, breach of RO etc) and you either don't appeal or appeal and under due process the courts including to the highest level usually the Federal Court agree the report is justifiable taking into account H&C grounds (Case law views 'I want a better job' as a lifestyle decision for RO purposes and is a non H&C ground).

2. When you voluntarily relinquish PR.

3. If you become a citizen.

4. If the PR dies.

Read the forum..multiple threads on the PR in breach of the RO wanting to return to Canada with their non PR child...many find their only option to be separation from their family until they are back in RO compliance and can sponsor.

 

[MrObvious]

It doesn't really work that way. Technically you have already stayed outside of Canada too long because you no longer meet the RO. To answer your question more fully, we would need to know if you hold a visa exempt passport or not.

To answer your question, I hold a non visa exempt passport. My child's 2nd passport is visa exempt. In addition I hold a US B1 visa.

 

[Msafiri]

To answer your question, I hold a non visa exempt passport. My child's 2nd passport is visa exempt. In addition I hold a US B1 visa.

1. Travel to Canada with your PR Card and your child using visitor visa exempt passport. At the port of entry hope that CBSA don't dig into your absences and report you. Also that they admit the child for ideally 6 months (standard admission period).

2. You can't sponsor until you are back in RO compliance. If you do you just flag the RO breach and will get into a messy situation with potential loss of PR.

3. Until then your child remains in Canada on visitor status - so you need to maintain his/her status by extending every 6 months or however long CIC grant subsequent extensions..must be done before any extension/status expires.

4. Main issue is to have private medical insurance - he/she is not eligible for provincial health coverage. Treatment can and does get expensive. Ditto schooling not eligible for public school until initial approval of sponsorship.

5. CIC need consent of both parents for sponsorship.

6. You have to decide if to apply outland (overseas visa post = faster) or inland for his/her sponsorship (circa 30 months) under H&C grounds.

7. Many PRs have one parent stay with the child abroad while they return to Canada to get into RO compliance and re-sponsor the parent and child

 

[1-2-b-come]

Hi, I hope someone can reply to my question here. If not, please direct me to the correct thread.

Situation:
Grandmother of the PR holder is a Canadian Citizen.
At a very old age she decides to leave Canada and return to her home country.
The PR holder stays outside of Canada most of the 5 year period to accompany his old Grandmother.
Her children passed away, and PR holder (grandson) is the only direct relative that she still has to take care of her.
Her new address of residence back home is owned by her grandson.

Can this be considered as a special circumstence that would allow the PR holder to renew his PR status even if not staying in Canada??? :-\