Regaining the PR status after losing it due to not meeting RO

[CanadianCountry]

What is the procedure for a PR to regain the status, which was lost due to failure in meeting 730 day requirement?

Please answer for PRs from non-visa waiver countries.

 

[bambino]

Slightly easier than regaining your virginity, I think...

Seriously, I think once you lost your PR status, the only way to have it again is to apply anew through one of the existing PR programs.

 

[CanadianCountry]

So the door gets pretty much shut if the ex-PR is NOT eligible for PR under the existing programs.

Slightly easier than regaining your virginity, I think...

Seriously, I think once you lost your PR status, the only way to have it again is to apply anew through one of the existing PR programs.

 

[era1521]

What is the procedure for a PR to regain the status, which was lost due to failure in meeting 730 day requirement?

Please answer for PRs from non-visa waiver countries.

Most likely you'll get a removal order with decision.
Once you outside of Canada you may start over the immigration process.
Probably immigration application will be rejected.

So in short, after departing Canada you wont be coming back any soon.

 

[CanadianCountry]

What do you mean by "probably the immigration application will be rejected"?

And by starting over immigration process, you mean apply fresh for PR under current rules right?

Most likely you'll get a removal order with decision.
Once you outside of Canada you may start over the immigration process.
Probably immigration application will be rejected.

So in short, after departing Canada you wont be coming back any soon.

 

[zardoz]

What is the procedure for a PR to regain the status, which was lost due to failure in meeting 730 day requirement?

Please answer for PRs from non-visa waiver countries.

The important question is HOW was PR status lost? It doesn't expire and it's not automatically lost if you don't meet the residency obligation requirements. If it's been formally revoked, it's "Game Over".

 

[CanadianCountry]

It doesn't expire

I think it (the status) does get expired, for e.g. not meeting the RO expires the status

it's not automatically lost

Sure its not automatically lost (yet). The law is not automatically enforced. But in spirit of the law the loss is automatic. You can only say its not automatically lost, if you are hoping to come back undetected.

Thats like saying, you can drive on expired license with no penalties unless caught.

The important question is HOW was PR status lost? It doesn't expire and it's not automatically lost if you don't meet the residency obligation requirements. If it's been formally revoked, it's "Game Over".

 

[era1521]

What do you mean by "probably the immigration application will be rejected"?

And by starting over immigration process, you mean apply fresh for PR under current rules right?

As soon as you're deported, depending the provisions, you may qualify to apply to immigrate from scratch.
I would imagine they wouldnt grant the PR after a PR status was revoked.

So i'd say if anything to be done is before getting the removal order. After that it will be next to impossible to regain the PR status (maybe by marriage).

 

[zardoz]

I think it (the status) does get expired, for e.g. not meeting the RO expires the status
Sure its not automatically lost (yet). The law is not automatically enforced. But in spirit of the law the loss is automatic. You can only say its not automatically lost, if you are hoping to come back undetected.

Thats like saying, you can drive on expired license with no penalties unless caught.

Trust me on this.. PR status does NOT expire. You are a PR until one of the following things happen.
a) Your PR status is formally revoked after due process.
b) You formally renounce your PR status after due process.
c) You become a Canadian citizen
d) You die.

That's it. Period.

 

[CanadianCountry]

Losing PR status due to RO is disqualifierfor future immigration application. Is that for sure? Doesn't seem right?

As soon as you're deported, depending the provisions, you may qualify to apply to immigrate from scratch.
I would imagine they wouldnt grant the PR after a PR status was revoked.

So i'd say if anything to be done is before getting the removal order. After that it will be next to impossible to regain the PR status (maybe by marriage).

 

[CanadianCountry]

You are getting into technicalities and i agree, the loss is not automatic. There will be due judicial process where the person can appeal etc.

But if the person has no evidence, and moreover agrees upfront that he didnt meet RO, there is not much to it. The person can wish to delay it by few months, submit fraudulent papers but ultimately not meeting the RO will result to loss of status, which cannot be reinstated.

Trust me on this.. PR status does NOT expire. You are a PR until one of the following things happen.
a) Your PR status is formally revoked after due process.
b) You formally renounce your PR status after due process.
c) You become a Canadian citizen
d) You die.

That's it. Period.

 

[zardoz]

Losing PR status due to RO is disqualifierfor future immigration application. Is that for sure? Doesn't seem right?

It is not true. It's not uncommon for a spouse who has been reported and had PR status revoked to be responsored by their partner who has met the residency obligation.

 

[dpenabill]

The loss of PR status itself simply returns the individual to the status of a FN (Foreign National), with no disqualification or handicap for having been a PR but losing that status.

That is, the loss of PR status itself is NOT a disqualifier for future PR applications.

Certain causes for losing PR status have additional or collateral effect. In a situation where a PR loses PR status due to serious criminality, for example, the serious criminality renders the individual an inadmissible FN. Similarly, if PR status is lost because of misrepresentation, there is a period of time that individual will be banned from Canada . . . it is not losing PR status that results in the ban, but the rather the misrepresentation results in the ban.

Loss of PR status due to a failure to meet a condition or the PR Residency Obligation does not itself have such collateral effects . . . just the loss of PR status.

The law is currently set up, for example, that a PR in breach of the PR Residency Obligation can surrender PR status at a POE and be given a six month Temporary Resident Visa.

And such PRs are entitled to pursue future applications for PR, dependent of course on their qualifying.

 

[CanadianCountry]

What is the benefit of the 6 month Temporary Resident that is given upon surrender of PR at POE?

visa

The loss of PR status itself simply returns the individual to the status of a FN (Foreign National), with no disqualification or handicap for having been a PR but losing that status.

That is, the loss of PR status itself is NOT a disqualifier for future PR applications.

Certain causes for losing PR status have additional or collateral effect. In a situation where a PR loses PR status due to serious criminality, for example, the serious criminality renders the individual an inadmissible FN. Similarly, if PR status is lost because of misrepresentation, there is a period of time that individual will be banned from Canada . . . it is not losing PR status that results in the ban, but the rather the misrepresentation results in the ban.

Loss of PR status due to a failure to meet a condition or the PR Residency Obligation does not itself have such collateral effects . . . just the loss of PR status.

The law is currently set up, for example, that a PR in breach of the PR Residency Obligation can surrender PR status at a POE and be given a six month Temporary Resident Visa.

And such PRs are entitled to pursue future applications for PR, dependent of course on their qualifying.

 

[scylla]

What is the benefit of the 6 month Temporary Resident that is given upon surrender of PR at POE?

visa

You can stay in Canada for another six months as a visitor before having to leave.