PR expired 5 years ago - want to get PR back - didn't meet residency requirement

[rino78]

My friend was sponsored by his mother and got his PR as a dependant 10 years ago. He didn't stay in Canada (came in a few times for a visit, but that's it). He lived in Dubai as after the PR he got married, and had kids. He wasn't able to leave his family & business behind in Dubai to complete his residency requirements. His PR expired in 2008, but now wishes to get it back. His mom can't sponsor him as he is no longer a dependant on her (his mom is a Canadian Citizen now).

Is there an appeal process he can go through or any other process to get the PR back rather than applying for it fresh? If so, any information (along with links to forms) would be greatly appreciated.

Thanks
-Riaz

 

[scylla]

What were his reasons for failing to meet the residency obligation? Why couldn't he live in Canada for the required time?

 

[scylla]

Just to add... If the reasons were family & business then there is absolutely no way an H&C appeal will be successful. Especially given his PR card expired 5 years ago.

He really has two choices:

1) Apply for PR again from scratch (assuming he qualifies).
2) Enter Canada as a visitor without being detected as a PR who has failed to meet the residency requirement. Live in Canada for two years straight and then apply to renew his PR card. During this two year period he won't be able to return home. He also won't be able to sponosr his family for PR until he has completed the 730 day residency requirement and renewed his PR card.

 

[rino78]

Thanks for the quick response. His reasons were family & business - however, what are the reason that would fly on H&C basis?

To start fresh I am not sure if he would qualify though. His mom is widowed Canadian Citizen. He is the only son, but is married and have 3 kids. Can his mom sponsor him and his family?

 

[amikety]

Thanks for the quick response. His reasons were family & business - however, what are the reason that would fly on H&C basis?

To start fresh I am not sure if he would qualify though. His mom is widowed Canadian Citizen. He is the only son, but is married and have 3 kids. Can his mom sponsor him and his family?

No, she can't sponsor him.

H&C reasons include being forcefully taken away from Canada while a minor by his parents, being deathly ill in the hospital. They have to be things he had no control over. Unfortunately, deciding where to live is a choice. Picking a job over the prospect of moving is also a choice. He choose to stay at his job instead of coming to Canada. As a PR, he has the ability to sponsor his family to come to Canada as well, so that won't be a consideration.

 

[rino78]

Thanks for the quick responses

 

[Leon]

His mother may be able to sponsor him under the "one other relative" clause. This clause applies to a person who is alone in Canada with no family so if her husband died and she has no other close relatives in Canada, she may be allowed to sponsor her son.

Another chance is to sponsor him under PNP if she lives in Manitoba or Saskatchewan.

You can read about sponsorship here: http://www.cic.gc.ca/english/immigrate/sponsor/relatives-apply-who.asp#who_can

 

[Canadian helper]

definitely he will get pr back if he apply H&C application on a solid ground or from USA

 

[Leon]

definitely he will get pr back if he apply H&C application on a solid ground or from USA

Yes but if you read the post, you see that he doesn't have a solid ground to apply on H&C grounds. He left Canada of his own free will and chose to live in Dubai. That was his decision. No H&C grounds.

The only way he can be sponsored is under the one other relative clause if his mother has no other close family in Canada or under PNP family stream if she lives in MB or SK and they both meet the requirements. In SK he would also need a job offer.

Another option would be for him to apply for PR himself from scratch if he qualifies. In most cases, he will also need a job offer for that.