PR Restoration

[ramen123]

Hey guys,

i am from india and I got canadian PR on the base of marriage in 2004, which was further expired on 2009 but i stayed there for 125 days appx. afterward i could not visit canada due to some personal reason, so in the meanwhile i got divorced in 2007 and got married in india 2008 i have some queries regarding my PR that are :-

1) am i eligible for apply canadian PR since i didn't work there during my stay ?
2) what will be my chance if i apply for a tourist visa with my family ?

Its my humble request to seniors kindly revert on the same.

Thanks

 

[deweysmith]

PR does not expire. Your card expires, but your permanent resident status never expires. If an officer has a doubt if you have fulfilled your residency obligation (two of the last five years) then he can start an inquiry which may lead to your PR status being revoked, but as long as this never happened, then you've never been in Canada while out of status.

1- working makes no difference, PR status is only based on time spent in Canada. Work status would make it very easy to prove that you spent that time in Canada, but it is not the only way.

2- you are now out of PR status since you have spent 0 out of the last 5 years in Canada. You will probably want to renounce your permanent resident status to avoid any investigation at the border, but you should not have any problems getting a visitor visa. The link above has instructions about your specific situation: wanting to apply for a visitor visa at the same time as renouncing permanent residency status to avoid an inquiry, so read carefully.

 

[ramen123]

PR does not expire. Your card expires, but your permanent resident status never expires. If an officer has a doubt if you have fulfilled your residency obligation (two of the last five years) then he can start an inquiry which may lead to your PR status being revoked, but as long as this never happened, then you've never been in Canada while out of status.

1- working makes no difference, PR status is only based on time spent in Canada. Work status would make it very easy to prove that you spent that time in Canada, but it is not the only way.

2- you are now out of PR status since you have spent 0 out of the last 5 years in Canada. You will probably want to enounce your permanent resident status to avoid any investigation at the border, but you should not have any problems getting a visitor visa. The link above has instructions about your specific situation: wanting to apply for a visitor visa at the same time as renouncing permanent residency status to avoid an inquiry, so read carefully.

First of all thanks for guiding me.. still there are some question that are : -
1) first i have to renounce of my PR, is there any pros and cons ??
2) will i be able to restore my PR status once i visit in canada, like i will be visiting there under a TRV, moreover Visa Officer can cancel my PR\TRV.
Your each reply will be appreciable

 

[scylla]

You can't get a TRV without renouncing your PR status first. Once you have renounced your PR status - the only way you can become a PR again is through applying to immigrate again from scratch.

 

[deweysmith]

First of all thanks for guiding me.. still there are some question that are : -
1) first i have to renounce of my PR, is there any pros and cons ??
2) will i be able to restore my PR status once i visit in canada, like i will be visiting there under a TRV, moreover Visa Officer can cancel my PR\TRV.
Your each reply will be appreciable

You have already lost PR status. If you apply for a visa, they will likely push you through the residency inquiry anyway, so it's better to renounce it than to wait for them to do it for you.

scylla stated already, but I'll reiterate, the only way for you to get PR status at this point is to start the entire immigration process from scratch. You have already lost PR status by being outside Canada for so long. You lose nothing by renouncing at this point, it is only a formality to ensure your TRV application doesn't get stuck on your old PR status.