Old lady wants to be with family

[Vicma]

Hello,
Virgin here, welcome any tips or hints! Here is my story:
I lived, worked and raised a family in Canada for over 20 years. When my husband passed away unexpectedly, I decided to move back to the U.S.A.
Now I am 72 years old. I would like nothing more than to spend the time I have left with my son, his wife and my 2 grand children. When my son talked to immigration in Nanaimo, B. C. ,they said he has to sponsor me but he doesn't make enough money. I have my own income with CPP, OAS and Social security.
I had a permanent resident status when I lived there before, any way I can just have that re-instated?
I would much appreciate any advice or help on this matter. It please ask if more info is needed. Thank you!

 

[keesio]

Hello,
Virgin here, welcome any tips or hints! Here is my story:
I lived, worked and raised a family in Canada for over 20 years. When my husband passed away unexpectedly, I decided to move back to the U.S.A.
Now I am 72 years old. I would like nothing more than to spend the time I have left with my son, his wife and my 2 grand children. When my son talked to immigration in Nanaimo, B. C. ,they said he has to sponsor me but he doesn't make enough money. I have my own income with CPP, OAS and Social security.
I had a permanent resident status when I lived there before, any way I can just have that re-instated?
I would much appreciate any advice or help on this matter. It please ask if more info is needed. Thank you!

Unless it was explicitly revoked, you should still have PR status. The issue is that you don't meet the residency requirements. That makes you at risk of losing your PR, but you should (currently) still be one. What you can do is simply try to re-enter Canada as an out-of-status PR. You will likely get flagged at immigration and sent to secondary inspection. Be honest and tell your story. There is a chance that the officer will be sympathetic and just let you in without reporting you to IRCC. The is also a chance that the officer will report you to IRCC to have them look at revoking your PR. In either case, they will let you in since it is your right to enter Canada while you are still a PR. The question is if they let you in without reporting you. If you do get reported and IRCC tries to revoke your PR, I think you may be able to appeal on H&C grounds. I think your previous strong ties to Canada and the fact that you have your son and grand kids in Canada will help your case.

This is just my 2 cents. Hopefully others who are more knowledgeable about cases like these will chime in.

 

[Vicma]

Thank you, Any info is much appreciated.

 

[scylla]

Thank you, Any info is much appreciated.

Agreed with the above. You are still a PR. You would have to try to re-enter Canada by land using a private vehicle and hope you are not reported for failing to meet the residency requirement. If you are not reported, then you'll need to live in Canada for two years straight before you will qualify to renew your PR card and know that your permanent residency status is safe. If you are reported at the border, you should expect your PR status to be officially revoked since you really don't have strong H&C reasons for having failing to meet the residency obligation (you made a personal choice to leave and move to the US). If you officially lose your PR status, then the only option will be for your son to sponsor you. If it comes to that, hopefully he is making enough money by then to qualify.

Good luck.

 

[keesio]

you should expect your PR status to be officially revoked since you really don't have strong H&C reasons for having failing to meet the residency obligation (you made a personal choice to leave and move to the US).

I kind of think that the OP has a somewhat decent chance of appeal. I recall hearing about a guy who returned to Canada after a long absence while working abroad. He got flagged and was able to successfully appeal on the grounds that his ties to Canada were extremely strong since his wife, seveal kids and grand kids were living in Canada. I don't remember all the details of the case however.

 

[Vicma]

Agreed with the above. You are still a PR. You would have to try to re-enter Canada by land using a private vehicle and hope you are not reported for failing to meet the residency requirement. If you are not reported, then you'll need to live in Canada for two years straight before you will qualify to renew your PR card and know that your permanent residency status is safe. If you are reported at the border, you should expect your PR status to be officially revoked since you really don't have strong H&C reasons for having failing to meet the residency obligation (you made a personal choice to leave and move to the US). If you officially lose your PR status, then the only option will be for your son to sponsor you. If it comes to that, hopefully he is making enough money by then to qualify.

Good luck.

 

[Vicma]

really appreciate all the info. Only problem is, I only have the original application, was never issued a PR card.
Also, an living in a senior apartment here and don't want to lose it if I can't stay in Canada. I know it's a chance I have to take, but I am also in a wheelchair part time and not real mobile. Hate to be a "Oh woe is me" type, but kind of between a rock and a hard place. Just so frustrating when all I want is to be near my family.

 

[scylla]

really appreciate all the info. Only problem is, I only have the original application, was never issued a PR card.
Also, an living in a senior apartment here and don't want to lose it if I can't stay in Canada. I know it's a chance I have to take, but I am also in a wheelchair part time and not real mobile. Hate to be a "Oh woe is me" type, but kind of between a rock and a hard place. Just so frustrating when all I want is to be near my family.

If that's the case, then one of the factors you need to seriously think about is that you will likely struggle to get provincial health care coverage during your first two years in Canada and will likely have to pay for health care out of pocket which can get extremely expensive very fast. So something else to consider when you think about your move and whether it's the right decision. You'll want to take out private insurance to cover emergencies - for any non-emergency care and pre-existing conditions, you'll most likely have to pay for everything yourself.

To avoid these issues and keep your PR status in good standing, you were required to physically live in Canada for 2 out of every 5 rolling years. Since you made the decision to move to the U.S. and not meet the residency obligation, it's reasonable that your ability to easily move back to Canada has been be impacted (PR status is not a convenience). To be honest, Canada is extremely generous when it comes to retention of PR status. If the tables were turned and you were attempting to return to the US on an old green card - your green card status would have been long gone many many years ago due to a failure to live there.

Is there a reason you never converted your PR status to citizenship while you were living in Canada? (I'm assuming you're 100% sure you left Canada as a PR and never obtained citizenship.)

 

[Vicma]

Yes, I was wondering about the health coverage. I guess I wanted to retain my U.S. citizenship since I was born here. Hard decision to give up your original birth status I guess, for me anyway. I'm sure you are correct if the tables were turned.
If I had ESP and knew what the future held I would have done things differently.
One of the main reasons I moved back to the U.S. was to help look after my elderly mother.
I am so happy to have these replies, thank you all!

 

[Buletruck]

You didn’t (and still don’t) have to give up your US citizenship as a PR.

 

[Vicma]

I realize that, but wouldn't I give up my U.S. citizenship to obtain Canadian citizenship? As far as I know, dual citizenship is not an option. Kind of a moot point at this stage anyway.
Thanks.

 

[canuck78]

Given you health issues your best bet is for your son and his wife (they can co-sponsor) to earn enough to try to sponsor you. Unless you are in the position to cover you medical expenses for a few years the risks are pretty high.

 

[Vicma]

Yes, easier said than done tho to find higher paying jobs. So grateful for everyone's input!

 

[scylla]

I realize that, but wouldn't I give up my U.S. citizenship to obtain Canadian citizenship? As far as I know, dual citizenship is not an option. Kind of a moot point at this stage anyway.
Thanks.

No - you wouldn't give up U.S. citizenship to obtain Canadian citizenship. Dual citizenship is certainly allowed - my husband is one (born in the U.S. then immigrated to Canada).

Agreed it's unfortunately moot at this point...

 

[Vicma]

Story of my life: Too soon old, too late smart. LOL