+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Re-entering Canada when not meet Canada PR residency obligation

realcheese

Member
Sep 10, 2013
14
0
Dear friends, Here is a complicated case of my friend re-entering Canada. My friend's permanent resident card was expired in year 2008 and She doesn't meet the residency obligation with respect to live in Canada at least 730 days in five-year period either . However, her son was born in Canada and is a Canadian citizen. Her son has been living with her at her home country after she moved back to home country. Now she wants her son to get educated and live in Canada . Her son is only 10 years old and she wants to accompany him. Considering her son is a Canadian citizen and if he starts his elementary school in Canada, is she able to get her PR card renewed for humanitarian reason. If she can't renew her PR card , how she can re-enter Canada to accompany her son? Thanks in advance !
 

scylla

VIP Member
Jun 8, 2010
95,891
22,136
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
No - she can't renew her PR card based on her Canadian citizen son or based on humanitarian reasons.

She can reapply for PR if she qualifies. She could also try to find an employer in Canada and come to Canada on a temporary work permit.

If she can't find a way to accompany her son to Canada, then she can either chose to have her son attend school in the country where he is living now - or appoint a guardian for her son in Canada who will take care of him while he attends school there.
 

realcheese

Member
Sep 10, 2013
14
0
Thanks Scylla. Can she apply travel document ? Dose she need to surrender her PR card before applying temporary work permit?
 

scylla

VIP Member
Jun 8, 2010
95,891
22,136
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes - she can apply for a Travel Document. She should expect the Travel Document to be refused. Once the TD is refused, this means she will have lost her PR status officially.

If she wants to apply for a temporary work permit without applying for a TD, then she will first need to officially surrender her PR status.
 

Wiseone

Newbie
Dec 15, 2013
3
0
Yes, your friend will need to apply for a travel document. Preferably if she can show she is accompanying a minor it will be helpful. Although sometimes they will ask for proof that the individual has sufficient ties to return home, she should be prepared.

I am not sure about obtaining a work permit as it differs from country to country. Once the PR is expired, I believe it is a very small window to be considered for renewal, especially as she did not pursue that option earlier. Good luck.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Given that the child has not lived in Canada for at least the last five years, and probably much longer, there is almost no chance of playing the H&C card to overcome the failure of the mother to comply with the residency obligation requirements. It is obvious that there was no attempt made to return to Canada to comply.
 

realcheese

Member
Sep 10, 2013
14
0
My friends changed her job a few times after she returned to her home country. Those jobs are different from the job when she used to apply PR away back year 2000. If she starts to reapply PR, should she use her old job (still in the Category) to apply or current job ? She didn't keep a copy of her previous application. She is afraid there will be discrepancy between her new application and the previous one. Does CIC usually keep applicant's application and for how long?
 

scylla

VIP Member
Jun 8, 2010
95,891
22,136
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
realcheese said:
My friends changed her job a few times after she returned to her home country. Those jobs are different from the job when she used to apply PR away back year 2000. If she starts to reapply PR, should she use her old job (still in the Category) to apply or current job ? She didn't keep a copy of her previous application. She is afraid there will be discrepancy between her new application and the previous one. Does CIC usually keep applicant's application and for how long?
Yes - applications are retained. They are kept indefinitely by CIC.

She will need to apply using her new job(s). The experience from her old job is well over 10 years old now. To apply under a specific occupation for immigration, your experience under that occupation must have been gained in the last 10 years.

She will still have to mention her old job in her application. However she will apply under her new occupation (assuming she qualifies to apply).
 

realcheese

Member
Sep 10, 2013
14
0
Thanks Scylla! How does she surrender her PR card and give up PR status? She is planning to visit Canada in next summer to look for a potential school for her son. Likely she needs to apply visitor visa after surrendering PR card. Meanwhile , she wants to start reapply PR ASAP. What does she need to do first? I figured she probably could do followings in order. Please correct me if I am wrong.
1. Surrender PR card and give PR status
2. Start to reapply PR after lose previous PR status officially.
3. Start to apply visitor VISA while new PR application is in process.