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

 

[neutral]

It's not clear. If you were a PR in Canada, even if you left you are still considered a PR until you resign or an Officer cancel it.

 

[ramen123]

thanks for reply,

can you please suggest how to restore my Pr status,

since i dint completed my 2 yrs stay.

 

[neutral]

Your only option would be traveling to US. Then renting a car and driving to Canada. If you have your PR documents, you'll be allowed to enter anyway. Best scenario, the office doesn't say anything so you have to live 2 years in Canada in order to apply for a PR card .
Worst scenario, you'd see a judge within 30 days of entering Canada, and he'd cancel your PR status and ask you to leave Canada .

 

[Leon]

You are still officially a PR because your PR was never revoked although you are a PR in danger of losing your status because you do not meet the residency obligation of 730 days in Canada in the past 5 years.

If you apply for a visitor visa with your family, immigration will tell you that you can not get a visitor visa at this point because you are already PR. This will trigger an investigation into your PR status and will most likely cause you to lose it.

In order to retain your PR status, there are two options.

1) Like neutral said, you can get a US visa, enter Canada on the land border with your landing papers and expired card and hope for the best.

Best case, they let you enter and you can live in Canada as a PR for 2 years (730 days) in order to meet the residency obligation (RO) again. You would not be able to risk leaving because the odds of being able to enter again with an expired card without getting reported would be small so unless your family can get a visit visa to visit you, you will be separated from them for the 2 years.

Worst case, they report you on entry for not meeting the RO and you can appeal within 30 days of your entry. You remain a PR while they process your appeal which can take up to 1-2 years. If they find that you had humanitarian and compassionate grounds for not being able to meet the RO, they would reinstate your PR. If not, they revoke your PR and ask you to leave.

2) The other option would be to apply for a PR travel document from your home country stating that you are a PR who has not met the RO and list your humane and compassionate grounds for why you couldn't. If they accept your reasons, they give you a PR travel document and you can then return to Canada, apply for a new PR card and apply to sponsor your family for PR. If they refuse your travel document, you can appeal but if you lose the appeal, you lose your PR.

 

[varun_123]

You are still officially a PR because your PR was never revoked although you are a PR in danger of losing your status because you do not meet the residency obligation of 730 days in Canada in the past 5 years.

If you apply for a visitor visa with your family, immigration will tell you that you can not get a visitor visa at this point because you are already PR. This will trigger an investigation into your PR status and will most likely cause you to lose it.

In order to retain your PR status, there are two options.

1) Like neutral said, you can get a US visa, enter Canada on the land border with your landing papers and expired card and hope for the best.

Best case, they let you enter and you can live in Canada as a PR for 2 years (730 days) in order to meet the residency obligation (RO) again. You would not be able to risk leaving because the odds of being able to enter again with an expired card without getting reported would be small so unless your family can get a visit visa to visit you, you will be separated from them for the 2 years.

Worst case, they report you on entry for not meeting the RO and you can appeal within 30 days of your entry. You remain a PR while they process your appeal which can take up to 1-2 years. If they find that you had humanitarian and compassionate grounds for not being able to meet the RO, they would reinstate your PR. If not, they revoke your PR and ask you to leave.

2) The other option would be to apply for a PR travel document from your home country stating that you are a PR who has not met the RO and list your humane and compassionate grounds for why you couldn't. If they accept your reasons, they give you a PR travel document and you can then return to Canada, apply for a new PR card and apply to sponsor your family for PR. If they refuse your travel document, you can appeal but if you lose the appeal, you lose your PR.

Hi leon, thanks for your valuable reply,

i think Second option will be the best. Because at that time my father expired so i was the eldest brother who maintain our family business. if i were not there in my home country so i could lost my business as well.
By The way can you please send me which form should i apply ??

 

[varun_123]

i am his brother and somehow he forgot his password so i replied on his behalf.

 

[Lammawitch]

Hi leon, thanks for your valuable reply,

i think Second option will be the best. Because at that time my father expired so i was the eldest brother who maintain our family business. if i were not there in my home country so i could lost my business as well.
By The way can you please send me which form should i apply ??

This is unlikely to be considered as valid H & C grounds, IMO.

 

[varun_123]

+1 to both of you,
i just want to know that what is my next step in order to restore my PR.
i talked to many lawyer but they refused to handle my case.
i only have hope from you guys if you can suggest me in brief. since i believe that it was a genuine reason to not serve minimum time there. so what should i do next ?
which form should i fill out ??
what documents i need to attach along my file ?

 

[Lammawitch]

It doesn't matter that *you* think your reasons for failing to comply with the RO are genuine: what matters is what CIC thinks.

If "many" lawyers have refused to handle this, IMO, you should have a good think about what they have told you.

IMO, & I am neither a lawyer nor an immigration expert, your *only* option is Leon's/Neutral's suggestion of trying to enter by land from the U.S. & hoping for the best.

 

[varun_123]

Again thanks,
But there is a question that is there any kind of verification while entering in Canada from U.S border ?
Like my card expired on 2009 and now i am again trying to enter.
and what if they verify and catch me while entering in Canada ?

 

[Lammawitch]

Read Leon's post. He explains what happens if you are reported for failing to meet the RO on re-entry to Canada.

Honestly? I don't really rate your chances of success. You've been away for 11 years & only spent 125 days in country?? I'm not feeling hugely sympathetic, sorry.

 

[varun_123]

what i think is that i have to forget about my canada pr restoration..lol
Btw thanks folks (y)

 

[neutral]

what i think is that i have to forget about my canada pr restoration..lol
Btw thanks folks (y)

What you have to do is to READ Leon and my answers, it has already been explained in details what you have to do.