PR lapsed/moving back

[rodiy2k]

This is a short version of my other thread below. Sorry; should have asked this first

I was landed in 2001 based on marriage class. We lived and worked in Canada from 2001 until 2007 and then moved to the USA. I let my PR card lapse in 2008. We retired and now live in Southeast Asia but wish to return to Canada permanently.

In order to legally stay in Canada again longer than a six month visa exempt status on a US passport, do I need to enter on visa exempt status, fill out the entire batch of long winded paperwork and get re-sponsored by my Canadian citizen wife? The websites say you can't lose PR status unless you formally rescind so how does that apply to those that want to return a decade or more later? I understand it can take a year or longer now for the paperwork and I'd hate to have to leave and return on visa exempt again. Nobody ever checks anything at YVR; I just scan my US passport and enter on visitor status.

Thanks.

 

[canuck_in_uk]

This is a short version of my other thread below. Sorry; should have asked this first

I was landed in 2001 based on marriage class. We lived and worked in Canada from 2001 until 2007 and then moved to the USA. I let my PR card lapse in 2008. We retired and now live in Southeast Asia but wish to return to Canada permanently.

In order to legally stay in Canada again longer than a six month visa exempt status on a US passport, do I need to enter on visa exempt status, fill out the entire batch of long winded paperwork and get re-sponsored by my Canadian citizen wife? The websites say you can't lose PR status unless you formally rescind so how does that apply to those that want to return a decade or more later? I understand it can take a year or longer now for the paperwork and I'd hate to have to leave and return on visa exempt again. Nobody ever checks anything at YVR; I just scan my US passport and enter on visitor status.

Thanks.

You are still a PR and do not need to be sponsored again. As you have been living with your Canadian spouse, you are still in compliance with the Residency Obligation. You can return to Canada to live.

 

[rodiy2k]

You are still a PR and do not need to be sponsored again. As you have been living with your Canadian spouse, you are still in compliance with the Residency Obligation. You can return to Canada to live.

Hi

Thanks for the reply. If you can elaborate a bit, I'd appreciate it

1) Since I can only enter into a major Canadian airport by scanning my US passport at the kiosk, does the Canadian system somehow tie in and know I'm still a PR? In other words, without a Canadian passport or current PR card, isn't my status always entered in as "visa exempt visitor" with six months permission to stay in Canada?

2) How could I possibly be in compliance with the RO since we last lived in Calgary in 2007? I have returned many times on short stays to visit my wife's family and always entered on my US passport. And how/when can I apply for a new PR card?

3) Can you cite any sources or links that back up your response?

Thanks very much

 

[canuck_in_uk]

Hi

Thanks for the reply. If you can elaborate a bit, I'd appreciate it

1) Since I can only enter into a major Canadian airport by scanning my US passport at the kiosk, does the Canadian system somehow tie in and know I'm still a PR? In other words, without a Canadian passport or current PR card, isn't my status always entered in as "visa exempt visitor" with six months permission to stay in Canada?

2) How could I possibly be in compliance with the RO since we last lived in Calgary in 2007? I have returned many times on short stays to visit my wife's family and always entered on my US passport. And how/when can I apply for a new PR card?

3) Can you cite any sources or links that back up your response?

Thanks very much

1. CBSA can generally see PR status when they look up your passport but as you have a new passport, ti might not be associated. That doesn't make you a visitor, as your PR status overrides that. If you spoke to an actual officer, you would be entering as a PR.

2. You can apply for a new PR card as soon as you are in Canada.

3. https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-sex-designation.html#appendixA

 

[rodiy2k]

1. CBSA can generally see PR status when they look up your passport but as you have a new passport, ti might not be associated. That doesn't make you a visitor, as your PR status overrides that. If you spoke to an actual officer, you would be entering as a PR.

2. You can apply for a new PR card as soon as you are in Canada.

3. https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5445-applying-permanent-resident-card-card-first-application-replacement-renewal-change-sex-designation.html#appendixA

Hi

Thanks so much for the information. It sounds reliable.

So, since I will have a different US passport than the one from my original landing, I suppose it makes sense to approach the actual physical officer at an airport, tell him we are returning residents and ask to be admitted under my PR status. Does this sound correct?

Do you have any idea what the approximate wait time is for a new PR card?

And finally, do you think the Alberta registry would accept a copy of my original record of landing as the federal proof of eligibility to stay in Canada documentation requirment for exchanging a US driver’s license based on a reciprocity agreement? I would want a valid license and the rule says you have 90 days to drive on a valid foreign license when becoming a resident of Alberta. I assume a new PR card takes longer than that to get

Again, thank you for taking the time to respond

 

[canuck_in_uk]

Hi

Thanks so much for the information. It sounds reliable.

So, since I will have a different US passport than the one from my original landing, I suppose it makes sense to approach the actual physical officer at an airport, tell him we are returning residents and ask to be admitted under my PR status. Does this sound correct?

Do you have any idea what the approximate wait time is for a new PR card?

And finally, do you think the Alberta registry would accept a copy of my original record of landing as the federal proof of eligibility to stay in Canada documentation requirment for exchanging a US driver’s license based on a reciprocity agreement? I would want a valid license and the rule says you have 90 days to drive on a valid foreign license when becoming a resident of Alberta. I assume a new PR card takes longer than that to get

Again, thank you for taking the time to respond

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html

No idea about Alberta.