+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

need you help!

bethlehem

Newbie
May 9, 2012
6
0
hello Leon and everyone. I'm eager to go to canada as soon as possible.
I got PR of canada in 2004, but just had stay in canada for two monthes in 2004 untill the PR card expired in 2009. I don't give up PR formally.
Now I stay in USA, holding J1 visa. Can I directly enter the canada using the expired PR card.
I wouldn't like to preserve my PR status, just want to stay there about 2 month to visit my family.
In addition, what should I do if imporssible? how long will be to apply for a new visa as a foreign without PRC.
Please give me some advices. Thank you very much.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
If you try to enter with your expired PR card, they will most certainly ask you why do you have a PR card that expired in 2009 and how long have you been in Canada in the past 5 years. It is possible that they let you in without reporting you for meeting the residency requirements but if they report you, they will let you enter but you will have 30 days to appeal for your PR. If they let you in without reporting you, you could actually revive your PR by staying in Canada for a full 2 years without leaving and then apply to renew your PR card but I suppose your life is in the US now.

If you lose your PR status, you would have to find a way to immigrate again. Depending on your skills and if you can get a job offer, it could be hard to do.
 

bethlehem

Newbie
May 9, 2012
6
0
Leon, thank you. For I am eager to visit my family as soon as possible, is it possible to enter Cananda using the expired card, and apply a loss of status of PR there, and then, apply a visiting visa for temporary residency in Canada?
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
When you try to enter Canada which will have to be by land by the way because it sounds like you are not visa exempt and an airline will not let you board with an expired card, you will have to deal with immigration. They will ask have you lost your status. If you say yes and agree that you had no mitigating circumstances why you could not stay in Canada, you may agree with them that you have lost your PR status, you may sign something and they may possibly let you in with a visit visa. Otherwise you may disagree that you have lost your PR status, you may accept that you did not meet the requirements but state that you had mitigating circumstances and choose to appeal for your PR. In that case, they must let you in for 30 days to appeal. A third option is to apply for a PR travel document from the Canadian embassy at which time they will decide if you have lost your PR or not. If they say you have lost your PR, you can apply for a normal visit visa. If they say you keep your PR, you use the travel document to enter.
 

bethlehem

Newbie
May 9, 2012
6
0
Leon, thank you for your consideration. I think I get it. By the way, if taking the third method, can I submit the application in general consulate of canada, such as new york; can I directly apply the visiting visa when giving up the PR at same time; do I need submit the application in person, instead of by mail; how long could I get the visiting visa generally. Hope you give me more information or advices.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
You have to ask the embassy if you can submit in a consulate. Maybe they will just mail it there for you if you do.

If you accept that you have lost your PR, just apply for the travel document and visit visa at the same time and write a letter stating that you know and accept that you have lost your PR and wish to apply for the travel document only to confirm that.
 

CanV

Champion Member
Apr 30, 2012
1,237
156
Job Offer........
Pre-Assessed..
You can go to the Consulate and submit a voluntary relinquishment of PR status (IMM 5538B)

Look up... OP 10 Permanent Residency Status Determination

It didn't let me post the link for some reason
 

CanV

Champion Member
Apr 30, 2012
1,237
156
Job Offer........
Pre-Assessed..
I think those forms are only available in visa offices. You may wish to contact the consulate closest to you and inquire about their procedures for your case.

Please refer to: ENF 23 Loss of Permanent Resident Status

"7.10. Voluntary relinquishment of permanent resident status under IRPA
The following section provides guidance on the procedures to follow in the limited circumstances
in which a permanent resident may be allowed to relinquish status voluntarily.
Person applying to enter or remain in Canada as a temporary resident and who does not
meet the residency obligation
As mentioned above, the officer must first determine if the person is a permanent resident or not.
If the person does not meet the residency obligation under A28 but still wishes to enter as a
foreign national and clearly states the intention of relinquishing permanent resident status, the
officer may write the A44(1) report, using the guidelines below.

A44(1) report and voluntary relinquishment
Where a person does not meet the residency obligation, an A44(1) report should be prepared
[A41(b) for A28 cases]. Once a report is prepared, the provisions of R62(1)(a) take effect so that
any time spent in Canada subsequent to the report will not count as days towards the residency
obligation under A28(2) in the event the person rescinds their declaration within 30 days.
Provided the person has made it clear from the beginning and throughout the examination that
they are interested in temporary resident status only and that they truly and voluntarily wish to
relinquish status, the officer may allow the person to complete the Declaration: Voluntary
Relinquishment of Permanent Resident Status/Residency Obligation Not Met (IMM 5538B). A
copy of the IMM 5538B should be sent to the Query Response Centre (QRC) to be stored on
microfiche. This procedure is not to be used in any situation where the person indicates at any
time a desire to be considered a permanent resident, even if they subsequently maintain they no
longer wish to be a permanent resident.
The officer must first determine whether the person has fulfilled the residency obligation [A28].
Once the officer has established that the person does not meet the residency obligation, the
officer allows the person to make submissions on H&C considerations, which may lead the officer
to determine that the person remains a permanent resident despite non-compliance with the
residency obligation. If the person declines to produce any evidence of compliance, does not wish
to make submissions on H&C grounds at the time of the examination, or if their submissions are
not sufficient to overcome the officer’s decision that they have not fulfilled the residency
obligation, then the officer may allow the person to sign a voluntary relinquishment.
The officer must personally provide counselling to the person on the significance of the
declaration and should ensure that the person fully comprehends the content of the declaration.
The officer should further counsel the person to ensure that they understand that if they withdraw
the declaration within 30 days, a departure order may be issued and they would have a right to
appeal that order.
During counselling, the officer must provide, in writing, the full CIC address where the person is to
send the notice to withdraw relinquishment of permanent resident status. The officer must clearly
note on file that the person did not wish to produce evidence or submissions, or produced
insufficient evidence or submissions to allow the officer to conclude that the person satisfies A28,
despite non-compliance with residency obligations. Details of the evaluation of humanitarian and
compassionate grounds can be found in section 7.7 above.
Once the A44(1) report and the IMM 5538B are completed, they must be given to the Minister’s
delegate for review. The Minister’s delegate may either dispose of the A44(1) report at that time
by coding the disposition “14” (no further action) or, alternatively, the Minister’s delegate may hold
the report in abeyance for final disposition for a period of 37 days (30 days during which the
person may withdraw the IMM 5538B declaration, plus seven days for delivery). If the 37 days
pass without a withdrawal, the report may then be disposed of with code 14 (no further action).
In either case, the Minister’s delegate must keep in mind that if the person withdraws their
declaration relinquishing status, a removal order should be issued. Therefore, the Minister’s
delegate’s notes on file should clearly demonstrate that the person was duly informed that a
removal order could be issued against them in the event of a determination of permanent
residency status due to withdrawal of the declaration of relinquishment. Essentially, the Minister’s
delegate should record in their notes that it is their decision that, based on the information
available at the time of the review of the A44(1) report, such an order is to be issued if the person
withdraws their declaration within the 30 days during which this is allowed.
A non-computer-based entry (NCB) with code 10 for relinquishment of status is to be entered
when the A44(1) report disposition is entered."