I was landed in 1994 but left the country without applying citizenship in 1996. I've never applied for PR card. I came back in 2002 to renew health card only. I lived in HK for the past 16 years taking care of my mum because she has serious health problem. Now, I decided to come back to Canada and live here. I'm not sure if I have lost my status although I still have my SIN and landed paper. I don't know if I can still re-apply for health card. My daughter is a Canadian citizen and I wonder if she can sponsor me in case I'm rejected from the immigration. I don't know what I can do now but I really want to stay here with my daughter. Please advice, Leon! Thanks!
My case is very complicated. Need your help,Leon!
- Thread starter Toffee
- Start date
1. If you are visa exempt to Canada, you could attempt to enter Canada and see what happens. If you are allowed to enter without being reported for not meeting the residency obligation, you can take up work with your SIN card and go about your daily business. Because you do not have a PR card, you may face difficulties getting a health card and a drivers license but you do have your landing papers so that should help.
If you live in Canada for 2 years, you will meet the residency obligation again and would be able to apply for a PR card stating that you lived in Canada for 2 out of the past 5 years and they would have to give you one.
However, if they were to report you on entry, you would have to appeal for your PR, giving your reasons for not being able to live in Canada and see if they let you keep your PR.
2. Another option would be to apply for a travel document at a Canadian embassy showing proof of your mothers illness and taking care of her for the past 16 years. People are often given a travel document in order to return on those grounds, however, 16 years is quite a long time. If they were to give you a travel document based on humanitarian grounds, you could return to Canada and apply for a PR card right away based on that travel document. If the travel document is denied, you can appeal. If you don't appeal or lose the appeal, you lose your PR.
3. If you lose your PR, your daughter could currently not sponsor you for PR because sponsorship for parents is currently on hold, see http://www.cic.gc.ca/english/immigrate/sponsor/relatives.asp However, she may be able to sponsor your when the program re-opens. Immigration may be planning to increase time of the sponsorship commitment for parents and/or income required. Currently, if you lost your PR, your daughter could only sponsor you for a super visa, that is a visit visa where you may stay in Canada for up to 2 years at a time. You would have to buy health insurance because you would be a visitor and not eligible for health care.
If you live in Canada for 2 years, you will meet the residency obligation again and would be able to apply for a PR card stating that you lived in Canada for 2 out of the past 5 years and they would have to give you one.
However, if they were to report you on entry, you would have to appeal for your PR, giving your reasons for not being able to live in Canada and see if they let you keep your PR.
2. Another option would be to apply for a travel document at a Canadian embassy showing proof of your mothers illness and taking care of her for the past 16 years. People are often given a travel document in order to return on those grounds, however, 16 years is quite a long time. If they were to give you a travel document based on humanitarian grounds, you could return to Canada and apply for a PR card right away based on that travel document. If the travel document is denied, you can appeal. If you don't appeal or lose the appeal, you lose your PR.
3. If you lose your PR, your daughter could currently not sponsor you for PR because sponsorship for parents is currently on hold, see http://www.cic.gc.ca/english/immigrate/sponsor/relatives.asp However, she may be able to sponsor your when the program re-opens. Immigration may be planning to increase time of the sponsorship commitment for parents and/or income required. Currently, if you lost your PR, your daughter could only sponsor you for a super visa, that is a visit visa where you may stay in Canada for up to 2 years at a time. You would have to buy health insurance because you would be a visitor and not eligible for health care.
Thanks so much for your advice!
I've entered through the custom at Toronto with my HK Passport last month as visitor. I'm going to find a job as i decided to stay with my daughter here. Yes, understand that the sponsor application is terminated at the moment, i'll wait and see. So I cannot apply a PR card now until at least 2 years of stay, right.
Will they check on my HK passport stamp if I leave the country and re-enter in a month? In the case that I haven't apply for the super visa.
I've entered through the custom at Toronto with my HK Passport last month as visitor. I'm going to find a job as i decided to stay with my daughter here. Yes, understand that the sponsor application is terminated at the moment, i'll wait and see. So I cannot apply a PR card now until at least 2 years of stay, right.
Will they check on my HK passport stamp if I leave the country and re-enter in a month? In the case that I haven't apply for the super visa.
Since you were able to get in without a problem, you may be able to do it again in a month but in your situation, I don't think I would risk it. Each time you enter, you take a little risk that somebody may figure out that you are a PR and that you do not meet the residency requirements. The best thing for you to do right now would be to stay for a full two years without leaving and then apply to renew your PR card.Toffee said:Thanks so much for your advice!
I've entered through the custom at Toronto with my HK Passport last month as visitor. I'm going to find a job as i decided to stay with my daughter here. Yes, understand that the sponsor application is terminated at the moment, i'll wait and see. So I cannot apply a PR card now until at least 2 years of stay, right.
Will they check on my HK passport stamp if I leave the country and re-enter in a month? In the case that I haven't apply for the super visa.
You can not apply to renew your PR card now because then you will just bring attention to the fact that you do not meet the residency requirements.
You also can't apply for a super visa unless you first lose or renounce your PR and PR is much better because with a super visa, you can't work.
You should check if you can get OHIP with your landing papers as well as a drivers license.
Thanks so much, Leon!
I just don't know how I can explain to Ontario service Ctr on my health card application since it has been expired for 10 years. I used my friend's address on my health card, bank as well as driver's licence. I've rented a new place now so I've used this address on my bank and driver's licence.
As for the driver's licence problem, since my driver's licence had expired too so I've to retake the test and road test again. Now, I've my new address on my temporary driver's licence.
#Can I explain as follow? "I've never used my health card in the past ten years and now I've moved to a new home so I want to re-apply it"???
I just don't know how I can explain to Ontario service Ctr on my health card application since it has been expired for 10 years. I used my friend's address on my health card, bank as well as driver's licence. I've rented a new place now so I've used this address on my bank and driver's licence.
As for the driver's licence problem, since my driver's licence had expired too so I've to retake the test and road test again. Now, I've my new address on my temporary driver's licence.
#Can I explain as follow? "I've never used my health card in the past ten years and now I've moved to a new home so I want to re-apply it"???
Just tell OHIP that you have moved to Ontario and want to apply for OHIP. Just say that you do not have a PR card, only landing papers.
In 1994, there were no PR cards. PR's who haven't had to travel outside Canada since 2002 would not have a PR card unless they had applied for it.
You can still apply for your first PR card once you have your 2 years in Canada.
In 1994, there were no PR cards. PR's who haven't had to travel outside Canada since 2002 would not have a PR card unless they had applied for it.
You can still apply for your first PR card once you have your 2 years in Canada.
Yes, there is no requirement to apply to renew your PR card but if you want to leave and come back to Canada, you will have hassles at the border every time.Toffee said:Is that ok if I do not apply for PR card after two years of stay? Say, I straightly apply citizenship after I live here until 2016,I'll have acumulate 1095 days in 4 years.
I'm still very nervous about applying for a health card since I don't know what exactly should I answer them on my previous residency. If I tell them I'm coming back to Ontario , yes, but I still need to put in my previous address. I've used the previous address for the past 10 years including my expired health card. I've all my bank statement to proof of my previous address too. Can I just tell them I didn't renew for no reason ...
Just worry if they caught me at this health card application. What should I do? Please help!
Just worry if they caught me at this health card application. What should I do? Please help!
OMG! Leon , please help!!!! I just found that the landed paper has been expired in 1997. Do I lost my status already? So even I stay for 730 days I won't be allowed to apply for PR card dive to the expired Landed paper. Right? What can I do? I still haven't reapply the health card.
That seems to be the expiry date to complete landing as part of your form IMM1000 (which seems a generous timeline) unless you got a Returning Residence Permit. You need to stop confusing status which is what you are regularizing by staying in Canada for 730 days and document validity. What is the form number for this 'landing' paper you refer to?
Thank you so much ! Ok feel much relax now coz I think that date was just the expiry date of my passport as I've already landed in 1994. They were in the same line in different column boxes. My form is the IMM1000. I don't think they have an expiry date in landed paper as immigrants can apply for citizenship after years even 20 years right?
Landing papers have a 'land by' date aka expiry date which is the deadline to show up at the port of entry but your PR status never formally expires subject to maintaining the residence obligation and/or otherwise not becoming inadmissible. PR status is also no more once you are a Citizen - can't recall what scenario it is but some Citizens upon renouncing revert to PR status.Toffee said:Thank you so much ! Ok feel much relax now coz I think that date was just the expiry date of my passport as I've already landed in 1994. They were in the same line in different column boxes. My form is the IMM1000. I don't think they have an expiry date in landed paper as immigrants can apply for citizenship after years even 20 years right?