Permanent Resident returning after 20 years away

[khym54]

My situation is similar - but in some ways different. My wife, as US citizen, was a landed immigrant in Canada from 1981 - 1996. We moved to the USA due to my work. She still has a SIN #. We want to return to Canada this fall to live. Over the past 20 or so years she has visited Canada at least 2-3 times a year - usually for 1-2 weeks at a time. I'm wondering if she can retain her landed immigrant status, get healthcare, get a drivers license and start working - or whether we will have to reapply for her. If we need to reapply, do we do that now, or once we are in Canada? Any advice would be helpful.

 

[steaky]

Yes, she can maintain her PR status if she had been accompanying you (the Canadian spouse) for those 20+ years in US.

 

[Alurra71]

As long as you are a Canadian citizen, then your wife should hold onto documents stating that you both have been living together in the US the entire time. Her RO is covered as long as this is the case and she can apply for new documents as soon as you both arrive back in Canada.

 

[mpsqra]

First of all, is it even possible to keep status?

Consider the following situation: a couple immigrated to Canada in the early 80’s as permanent residents, and had 3 children, all born in Canada.

After about 10 years in Canada, the couple separates, and one of the parties moves back to her home country, to her parents, taking her 3 minors along.

In the meanwhile gets officially divorced, and then remarries in her home country, having another child.
Through the years, her 3 Canadian sons, all adults now, move back to Canada. And she separates from her partner.

When leaving Canada she never “declared” it was definite. Through all those years she has been to Canada 2/3 times, for short periods of time, as a tourist. She still has documents, such as the SIN.

As most of her close family is now in Canada, she would like to return. Clearly, she not met the residency requirements to keep the permanent residency status.

Did she lose status by not meeting those requirements, or by failing to renew her status somehow, or will she lose it by trying to reenter Canada as a permanent resident, and the immigration officer cancelling her status?

The question is: if she tries to return through the border, explaining her situation to immigration, would she have a chance her situation gets analyzed? And even though she does not meet the residency requirements by several years, could a favorable decision be made on compassionate grounds?

If they do let her in while analyzing her process, how long could it take for a decision to be made? Would she maintain permanent resident privileges in the meanwhile, as being able to work (she does have a SIN)?

I would appreciate any insight anybody may have in such a situation.
Thank you.

http://www.cic.gc.ca/english/information/offices/apply-where.asp

 

[Invisible man]

I am of the mind that if she is able to enter Canada as a visitor then come as a visitor, say nothing at the border about being a PR and then just 'lay low' until she has accumulated 730 days inside Canada and then she can apply to have her PR card renewed. I wouldn't mention the matter to the IO at the border unless he/she SPECIFICALLY asks her about her status.

Are there any successful cases based on the above?

 

[scylla]

Are there any successful cases based on the above?

Much much more difficult to do these days since either a TRV or ETA is required to enter Canada in most cases (and PRs cannot obtain TRVs or ETAs). Flying to Canada direct isn't an option. Only real option is to travel to the US and then attempt to enter Canada through a US/Canada land border (and hope you're not reported).

 

[sjithender]

Can you help me with my case too? Please?

I need your guidance and assistance.

My husband was a primary applicant back in 2006 and we got our PR. Both of us landed in Canada (lived in Brampton and Etobicoke) on April 29 2006. Both of us worked throughout our stay (have the rental agreements, TD bank account details, pay slips, telephone bills etc). My husband had to come back to India in Feb 2007 as his father was ill and as the oldest son, he wanted him to come back and I returned in May 2007. We thought of getting back to Canada in 2008, however, I had medical issues (had a miscarriage) due to which my OBGYN suggested I don't travel and need support from family. Being on medications, I delivered my son in 2010. After that, we needed family support to take care of my son and for some reason, we never renewed our PR.

We are now ready to get back to Canada. I have the below questions:
1. Will the PR status be suspended/dead?
2. Can we renew our old PR?
3. What is the process to renew?
4. If we can, what about our son?
5. Who do I contact to renew our PR?
6. If it is renewed, can I as a secondary go to Canada first and start working?
7. I have written to the Delhi high commission, India-consular, no response.
8. Is it ok to apply for fresh PR?9
9. We have done both our WES, IELTS - should we create an express entry profile? I see we get a score of CRS 363 without a 8777 and 412 with 8777

Appreciate assistance. Thank you all.

It's a little off-topic, but I'm always amazed that Answer #3 doesn't happen. It's pretty much as if CIC accepts that if you can get yourself into Canada by any means -- visa-exempt passport, sob story, midnight boat crossing over the strait of Juan de Fuca -- you become invisible and your status is whatever your status was the last time you were in Canada. It would be easy for them to pass a law that states that any PR has to enter Canada using PR status and that failure to do so will cause PR status to be reviewed (i.e. the same law that exists for citizens absent the review clause), but they haven't. And I'm not griping, personally I think that the limitations on the reach of the Canadian bureaucracy is one of its great points -- but as an American, it sometimes astounds me. Is it simply because CIC isn't interested in allocating the resources that this sort of policy would require, and that they don't see any real benefit to finding people who want to live in Canada, were once considered eligible to live in Canada, but have let their status lapse?

 

[Rob_TO]

Can you help me with my case too? Please?

I need your guidance and assistance.

My husband was a primary applicant back in 2006 and we got our PR. Both of us landed in Canada (lived in Brampton and Etobicoke) on April 29 2006. Both of us worked throughout our stay (have the rental agreements, TD bank account details, pay slips, telephone bills etc). My husband had to come back to India in Feb 2007 as his father was ill and as the oldest son, he wanted him to come back and I returned in May 2007. We thought of getting back to Canada in 2008, however, I had medical issues (had a miscarriage) due to which my OBGYN suggested I don't travel and need support from family. Being on medications, I delivered my son in 2010. After that, we needed family support to take care of my son and for some reason, we never renewed our PR.

We are now ready to get back to Canada. I have the below questions:
1. Will the PR status be suspended/dead?
2. Can we renew our old PR?
3. What is the process to renew?
4. If we can, what about our son?
5. Who do I contact to renew our PR?
6. If it is renewed, can I as a secondary go to Canada first and start working?
7. I have written to the Delhi high commission, India-consular, no response.
8. Is it ok to apply for fresh PR?9
9. We have done both our WES, IELTS - should we create an express entry profile? I see we get a score of CRS 363 without a 8777 and 412 with 8777

Appreciate assistance. Thank you all.

You are still a PR, but in obvious violation of the Residency Obligation. You probably have a very slim chance to maintain your PR status, since much of what you describe sounds like personal life choices you've made to live outside Canada, and the length has been so long.

However you can certainly try. What you would do is submit a PR Travel Document request, and list all the H&C reasons you think warrants you being outside Canada for the past 10 years and unable to return. If the PR TD is rejected, it will start the process to officially terminate your PR status. If PR TD is accepted on H&C grounds, you could then return to Canada and apply to renew PR cards.
https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-travel-document.html

Another complication is your child. Even if your PR TD is approved, the child must get a TRV approved to visit Canada if you wanted to return. In order to sponsor him for PR either you or your husband must be living inside Canada, meaning if his TRV was rejected one of you would need to return and be separated from family while his PR app is processing.

If your PR status is terminated or your voluntarily renounce it, you or your spouse can try again for PR from scratch.

 

[sjithender]

Thank you for the response. If you read through it is all medical reasons that did not allow us to get back. If under HC grounds I am able to prove then I think I am good.

Else, what are your suggestions? Anyone else who have gone through this situation? If yes, what was the outcome?

You are still a PR, but in obvious violation of the Residency Obligation. You probably have a very slim chance to maintain your PR status, since much of what you describe sounds like personal life choices you've made to live outside Canada, and the length has been so long.

However you can certainly try. What you would do is submit a PR Travel Document request, and list all the H&C reasons you think warrants you being outside Canada for the past 10 years and unable to return. If the PR TD is rejected, it will start the process to officially terminate your PR status. If PR TD is accepted on H&C grounds, you could then return to Canada and apply to renew PR cards.
https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-travel-document.html

Another complication is your child. Even if your PR TD is approved, the child must get a TRV approved to visit Canada if you wanted to return. In order to sponsor him for PR either you or your husband must be living inside Canada, meaning if his TRV was rejected one of you would need to return and be separated from family while his PR app is processing.

If your PR status is terminated or your voluntarily renounce it, you or your spouse can try again for PR from scratch.

Thank you for the response.

 

[Rob_TO]

Thank you for the response. If you read through it is all medical reasons that did not allow us to get back. If under HC grounds I am able to prove then I think I am good.

Else, what are your suggestions? Anyone else who have gone through this situation? If yes, what was the outcome?






Thank you for the response.

Needing family support to take care of your son for 8 years, is NOT a medical reason. This is a personal choice.

Or do you have hospital and doctor records for your spouse's father going back to 2007 and covering 10+ years all the way up to 2018, that show his specific medical condition and requirement for constant care from your husband?
Was there any other family in home country that could have also helped to take care of him?

You may not be "good" when it comes to medical reasons as a H&C claim. You need a lot of proofs and evidence to back up any medical H&C claim, to cover the entire absence from Canada which is a very long time for you.

Some people get lucky with H&C claims covering long periods of time (much is at discretion so depends on the personality of specific visa officer processing your file), but realistically you should prepare for the worst case scenario the claim may be denied and your PR status terminated meaning you'll have to re-apply for PR from scratch.