previously entered Ganada as a PR

[Hungary]

Hi All,

I need help, I hope somebody will be nice and able to give some good advice.

I am being sponsored by my Husband. This is an outland application.
The thing is that 20 years ago, when I was a young child, I was a PR in Canada, I was sponsored on my Mother's behalf.
Their marriage didn't worked out so we moved back to the homeland and never been back to Canada for almost 20 years. (I've been there AS A VISITOR / from a visa exempt country) this April, for a month.

Anyways, we applied for the sponsorship and got the letter from CIC saying:

***
Our records indicate that the relative you wish to sponsor had previously entered Canada as a
permanent resident. Before this sponsorship proceeds further, it is important that your
relative determine his/her current Canadian immigration status. lnformation on residency
status and applying for a travel document can
www.cic.qc.ca/english/information/applications/travgl.asp.

Your relative should follow the instructions on the website, and ensure that all required documents
and a copy of this letter are provided with their submission to the visa office.
lf it is determined that your relative is still considered a permanent resident of Canada, a sponsorship
on his/her behalf will no longer be required.

Should Your Relative No Longer Be a Permanent Resident
lf an lmmigration Officer determines that your relative is no longer a permanent resident of Canada, a
copy of the visa office determination, the sponsorship application package and all supporting
documentation must be resubmitted to this office. Please note that your application and
documents are kept in our office. Once your spouse receive decision please contact our office.

***


I kept looking on the webpage but could not find ANYTHING applicable for me, WHAT kind of documents are they looking for? I would love to send everything, only I CANNOT find what shall I download, fill out, attach and send it back to them. ??? :'(

Please if someone can help, write back.

Thanks

 

[Hungary]

Canada not Ganada. Sorry I copied and pasted the quote from their letter.......

 

[zardoz]

You must apply for a "Permanent Resident Travel Document". This will trigger the process of determining your existing PR status. One of two things will happen. You will receive the TD and be able to go to Canada as an existing PR, or they will start proceedings to revoke any existing PR status that you may currently hold. Either way, it will clear things up.

Your case is interesting as you were removed from Canada as a minor while you held PR status. If you had attempted to return to Canada as a PR as soon as you were able to make your own determinations, you would probably have been able to keep it. You might still be able to but you will have to make a VERY strong case when you apply for the PRTD. If that were to happen, you would not need to be sponsored and you could go there straight away.

In all honesty, your chances are slim, but you should try to recover your existing PR status.
Follow the instructions on this page http://www.cic.gc.ca/enGlIsH/information/applications/travel.asp

There is one other alternative.. If you are visa exempt and still have all your old landing documents etc from when you were originally "landed" as a PR, you could try to enter Canada without applying for a PRTD, wait inside Canada for at least 730 days without leaving for any reason, and then apply for a new PR card. Leon is the local guru on this and I'm sure he will be able to advise or correct me if I am wrong.

 

[Hungary]

Thanks for your answer!!!

Anyways I must try it this way, because they told me to. I had no idea at all, that my PR status could be given back,
if I had I would've done it 12 years ago at the age of 18.
Well, anyways, the told me to so I will submit what they asked me to, and they will make the decision.
If I am not allowed to get it back (wow I am still kind of shocked that this is an option...) we will go on with sponsorship the original way. I guess I am allowed to be sponsored in case I can't get my PR back.
Yes I do have my old, old passport with the visa stamp in it (we weren't visa exempt back then).

Any advice on how is it possible to make a very strong case? I mean all I can write down is the very truth, that I was dragged back at the age of 11 (which destroyed my Mom's and my relationship forever btw) and when I became 18 I didn't have the money to support myself, my studies and living etc... I was not looking for my fortune. This all immigration to Canada came up when me and the first love of my life (happened to be a Canadian citizen) reunited and
he proposed... But they already have this long long loooong story in their hands, so I am just sending this further information as they told me to.

 

[zardoz]

I would suggest that you make the case that you have outlined. Explain that you were dragged away and how much you didn't want to go. Just tell the absolute truth and let destiny take it's course.

I really hope that you succeed in establishing your PR status without needing to be sponsored. I wish you all the luck in the world. Give it 24 hours before you decide what to do however, so that others can add to what has been said.

 

[Leon]

One more option would be if you have your landing document from back then, you could enter Canada as a visitor since you are visa exempt and upon having entered, you just have to stay for 2 years and your PR status would be back in good standing. However, you would face some difficulties coming to Service Canada asking for a SIN with a 20 yr. old landing document, trying to get health care, drivers license etc. so this is probably not the best way.

You must apply for a travel document anyway so write up your story for immigration how you wanted to stay in Canada and your mother dragged you away. How you did not realize that you could get your PR status back by appealing for it at age 18 and how you did not have the money to go at that point even if you had known. I don't think you have a good chance of getting it but who knows. If you get, then you are still PR. If you don't get it, you lose your old PR and can be sponsored.

 

[Hungary]

Thanks for your reply!
Well, I am afraid that this procedure would take too long.. to ask for humanitarian and compassionate consideration..
I didn't find any processing times, but I suppose it would take even more than a sponsorship procedure.
The call centre couldn't tell either not even an approximate processing time.

So I think you guys are right, I am thinking about sending the required TD app to the VO but I will put NA where they ask me if I want them to consider my case on hum. and comp. grounds.

I am hoping they would send me the confirmation back quickly this way saying that I am no longer a PR, so I can attach this and send it to our sponsorship application as an additional document.

What do you think guys? Please help , I am sooooooooooooooooooooooooooooooo confused and I feel AWFUL. I feel lost and afraid and that I can never ever reunite with my Husband :'( :'(

I don't dare to travel to Canada to cross the border , I am afraid they wouldn't let me in even for 6 months

 

[Leon]

A TD generally doesn't take that long but with the strike, no idea. However, the same goes for the sponsorship application. It will also be affected by the strike.

If you do not want them to give you a TD, just write on it or write a cover letter with it that you do not actually want a TD, you just want them to verify that you do not meet the residency obligation and have lost your PR so that your partner can sponsor you. That should be fast processing because after 20 years, there is no doubt that you do not meet the residency obligation.

 

[Hungary]

I wish you were right, I wish sooooooooooooooooooooooooo much!!!!! I feel like crying. I am a woman so WHY do I stop myself, right? :'(
Yesss, for sure I will write a cover letter and tell them I don't want anything just a confirmation so we could go on with the sponsorship. My God, I never thought that this procedure can be sooooo torturing :-X :'(

Once the SA is in our hand I would be brave enough to think about entering CA as a visitor for 6 months. But not before that, no way. Leon, thank you again for answering!

 

[robbiefernando]

I am not an expert here but after reading all about your case and comments from leon and Zardoz - My suggestion would be to try and get a travel document instead of asking them to write that you no longer meet the residency requirement !!

U were dragged our when u were 11. U should write a nice cover letter explaining everything - u never know, VO may understand your situation and aprove a TD. They are in any case going to review your application so why not give it a try. The sponsorship process is not easy as it sounds. Your case may be genuine but it requires a lot of documents and proof. U will be spending hours and hours collecting the paper work and trying to prove that your relationship is genuine !!

Travel document is always quicker then sponsorship application as far as I have heard.

ll the best in what ever you do and i hope it all works out for you.

Best WIshes

 

[frege]

Hello Hungary,

I'm not sure what your chances would be with an H&C application, but I found the following passage in CIC Manual ENF 23, in Section 7.7.

Minors who left in order to accompany parents

Under the former Immigration Act, 1976, if a child under 18 years of age left Canada with their
parents and, after becoming an adult, sought to re-enter Canada as a permanent resident,
jurisprudence dictated that the person could not have formed the intent to abandon Canada as a
child and therefore retained permanent resident status.

Under IRPA, intent to abandon is no longer the test for retaining permanent resident status.
Therefore, the inability to form intent no longer results in automatic retention of permanent
resident status. The new test requires that H&C considerations be taken into account. Although
the reasons for leaving and remaining outside Canada may be considerations, the fact that a
minor did not have the intention to abandon Canada or left as a dependent child is not
determinative.

The IRPA came into force in 2002, and I understand that the new residency obligation (two years in every five-year period) applies even to those who became permanent residents under the former Immigration Act.

So it would appear that you do not have a right to PR, except possibly on H&C grounds, and this would have to be based on reasons other than just the fact that you moved away from Canada with your parents.

You can review Section 7.7 of the manual to see what factors would be looked at.