PR expired in 2006: Can it be reinstated?

[Tapak]

Hi,

My family friend got the PR card but decided to continue their stay in the USA for personal reasons. Now they would like to know if they need to initiate the PR process from start OR there is a way to reinstate their expired PR card that expired in 2006.
They never lived in Canada and just went back to the USA after getting their PR card. They have been in the USA for over 15 years on work visa.

Please no flames or derogatory remarks. Just respond if you have any meaningful advice to get them here on PR as soon as possible.

Thanks in advance.

 

[scylla]

Technically your friend is still a permanent resident - but it's going to be difficult for them to keep their status. Most likely they are best off giving up their PR status officially and applying again from scratch.

If they want to have a go at keeping their existing PR status, here's what they will need to do: They will need to re-enter Canada via a US/Canadian land border using their old COPR/landing document. They must do this using a private vehicle (no public buses or planes/trains). When they re-enter, it's possible they will be reported by CBSA for failing to meet the residency requirement. If that happens, they will have to appear at a hearing to argue why they should be allowed to keep their status and should expect their status to be officially revoked and ordered to leave Canada. If they are not reported when they re-enter Canada, they will need to remain in Canada for two years straight (to meet the residency obligation) before they will be able to renew their PR card. During this two year period they may find it difficult to do things like work legally (if they failed to obtain a SIN when they first arrived), obtain health care coverage, attend school, get a driver's license, etc. So while it's doable to attempt to keep their current PR status, it's likely going to be extremely difficult.

 

[Tapak]

Technically your friend is still a permanent resident - but it's going to be difficult for them to keep their status. Most likely they are best off giving up their PR status officially and applying again from scratch.

If they want to have a go at keeping their existing PR status, here's what they will need to do: They will need to re-enter Canada via a US/Canadian land border using their old COPR/landing document. They must do this using a private vehicle (no public buses or planes/trains). When they re-enter, it's possible they will be reported by CBSA for failing to meet the residency requirement. If that happens, they will have to appear at a hearing to argue why they should be allowed to keep their status and should expect their status to be officially revoked and ordered to leave Canada. If they are not reported when they re-enter Canada, they will need to remain in Canada for two years straight (to meet the residency obligation) before they will be able to renew their PR card. During this two year period they may find it difficult to do things like work legally (if they failed to obtain a SIN when they first arrived), obtain health care coverage, attend school, get a driver's license, etc. So while it's doable to attempt to keep their current PR status, it's likely going to be extremely difficult.

Thanks Scylla. I will run this information by my friend and ask him to join this forum.
Tapak

 

[CalgaryWorker]

Hi,

I'm not looking to hijack the thread, but I do have a similar question and it might be helpful to keep it all in one place? If I should re-post, please just say.

I'm living and working in Calgary on a WP and I've posted on a different website forum elsewhere and they haven't been able to help. In fact, I've been made to feel a bit like a criminal if I'm honest.

- April 2010: landed at YVR, returned to UK to continue working and build up a nest-egg with a view to returning by the end of 2012. No PR card issued as did not have a Canadian address.

- April 2013: technically, I have to spend the next two years in Canada to keep my PR, but I decided to stay in the UK instead (new relationship reasons).

- April 2015: PR technically expires.

- May 2016: Come for a visit to Calgary and I pass through CBSA assuming my PR is just now taken care of and it's gone. No hassles, they ask me the usual and on I pass through.

- November 2016: Start a new 2 year permit. All legitimate. Get my original SIN from back in 2003-05.

- December 2016: visit UK, return to Canada, no problems.

Yesterday I ask on another forum about reapplying for PR. I mention that I had PR previously and that's when it seems that all of a sudden I'm a criminal-in-waiting. From what I have read elsewhere, including the CIC site, they will do it when it suits them and there's nothing for me to worry about. If they take it, they take it. It's just whether I should re-apply for PR, although as I'm now 50, my points are much lower.

Any advice? It reads that I could just wait for two years, but I really don't know. From what I read on CIC, there's nothing criminal about my situation, it's just up to them when/if they want to do it when I pass through next.

 

[scylla]

Hi,

I'm not looking to hijack the thread, but I do have a similar question and it might be helpful to keep it all in one place? If I should re-post, please just say.

I'm living and working in Calgary on a WP and I've posted on a different website forum elsewhere and they haven't been able to help. In fact, I've been made to feel a bit like a criminal if I'm honest.

- April 2010: landed at YVR, returned to UK to continue working and build up a nest-egg with a view to returning by the end of 2012. No PR card issued as did not have a Canadian address.

- April 2013: technically, I have to spend the next two years in Canada to keep my PR, but I decided to stay in the UK instead (new relationship reasons).

- April 2015: PR technically expires.

- May 2016: Come for a visit to Calgary and I pass through CBSA assuming my PR is just now taken care of and it's gone. No hassles, they ask me the usual and on I pass through.

- November 2016: Start a new 2 year permit. All legitimate. Get my original SIN from back in 2003-05.

- December 2016: visit UK, return to Canada, no problems.

Yesterday I ask on another forum about reapplying for PR. I mention that I had PR previously and that's when it seems that all of a sudden I'm a criminal-in-waiting. From what I have read elsewhere, including the CIC site, they will do it when it suits them and there's nothing for me to worry about. If they take it, they take it. It's just whether I should re-apply for PR, although as I'm now 50, my points are much lower.

Any advice? It reads that I could just wait for two years, but I really don't know. From what I read on CIC, there's nothing criminal about my situation, it's just up to them when/if they want to do it when I pass through next.

Your post is a bit confusing so it's difficult to answer.

Just to be clear - are you in Canada on a temporary work permit at this time or using your PR status? You mention in the first part of your post that you are "living and working in Calgary on a WP". You also mention the following: "Start a new 2 year permit". Do you mean that you have a physical work permit that was granted to you because you received a job offer from a company in Canada?

 

[Leon]

If your PR was never officially revoked and I think you would know if it had, you are still a PR. After 2 years in Canada, you can apply for a PR card based on that you meet the RO (residency obligation) for the past 5 years. It would be better if you don't apply for anything else from immigration until you have your 2 years because otherwise you might draw attention to the fact that you are a PR who does not currently meet the RO. There's nothing criminal about this. Immigration's own guidelines say that if someone spent years outside Canada but returns and spends two years (without getting caught and investigated), they meet the RO again and remain a PR.

They should not have given you a work permit though if you are a PR already but they must have somehow missed it.

 

[CalgaryWorker]

Thank you both above.

scylla: I am on my TWP for two years, not on PR. I have an LMIA approved job with a physical work permit and am working in Canada.

Leon: Thank you for the reassurance. It's certainly interesting that they gave me a TWP as it's all the same details that I provided previously on my PR. I assume there's no way to check my official PR status without creating unnecessary problems for myself?

I'll just go about my work and see what happens further down the line and if someone else has any advice, I'm always happen to listen.

Thanks to you both again.

 

[scylla]

If CIC approved a TWP, then either someone made a very big mistake or you are no longer a permanent resident. The only way to find out which it is - is to wait until you have lived in Canada for 2 out of the last 5 years and then try applying to renew your PR card. I would be prepared for the fact this probably won't work out in your favour - but it's worth a shot. Ahead of that, you could order your notes for the work permit approval to see if there's any mention of your PR status and it being officially revoked.

Yes - reapply for PR at 50 will be difficult due to the number of points you'll lose for your age.

 

[CalgaryWorker]

Ahead of that, you could order your notes for the work permit approval to see if there's any mention of your PR status and it being officially revoked.

How easy a process is this and are there any negatives to consider?

 

[Leon]

I would say apply to extend your work permit again with a new LMIA after two years and at the same time, send in an application for a PR card to check if you still have your PR. Be prepared for the application to take a while as they will probably have no idea what to do with it. If you never officially lost it, you would still be a PR and you would meet the RO again and they'd have to give you a PR card. If the answer comes back that you officially lost it at some point, then use the LMIA to apply again. You can see the current points system here: http://www.cic.gc.ca/english/express-entry/grid-crs.asp So you don't get points for age but you get points for the LMIA and for Canadian work experience and if you go for PNP, you would get a lot of points for that too. If you think you are short, the easiest way to bring them up a bit would be to work on your French.