Relinquishment of Permanent Resident Status

[sor2965]

Hello. I am kindly seeking help and advice on what to do about my permanent resident status. My family and I received our permanent resident status in 2008 and its expiring in June 2014. Well it’s already expired. lol. At that time I was young and my parents thought that it was a good idea for the entire family to move to Canada. Eventually, my family and I got through with permanent resident status. However, at that time I was currently enrolled in university at my home country so it wasn’t possible for me to migrate to Canada at that time. The only time I visited Canada was to land in 2009, where I stayed there for 4 months because I got a summer job with a renowned oil company in Canada. I had to return to my home country to finish my university studies. Therefore within that 5 year period, I did not make the requirement of spending two years in Canada.
After finishing my university degree, I immediately got a job offer with a state owned Oil Company in my home county and was placed under contract for a period of two years which would be expiring this year, 2014. Thus, given the circumstances, everything was moving at a fast pace at home and thus my plans and goals changed for myself as an individual and I do not wish to migrate to Canada. Thus my PR card is expired, June 2014, so what does that mean for me? Mind you, I’m in love with the country Canada and would like to visit but not to live there at this point in my life.
Since my PR card is now expired, and in the event that I would like to visit Canada as a VISTOR and not a permanent resident, what are the procedure and necessary steps to be taken? First of all would it be possible for me to apply for a visitor’s visa from my home country?
Thank you very much and I greatly appreciate your feedback. Thank you 

 

[obib]

Too bad you allow such an opportunity to go unutilized. However, its ok since you are in perfect condition with your current job back home. The most important thing at the end of the day is how one is coping. Gold is not found on the street of Canada and in most instances, it is easier to get by at home than in a foreign land that is in the absence of War,Famine etc.follow the link below and see how it goes Good luck!

http://www.cic.gc.ca/english/visit/visas.asp?_ga=1.52526184.1359961804.1387329617

 

[zardoz]

There is no point in trying to apply for a visa if you currently have permanent resident status, even if you don't meet the Residency Obligation requirements. It will automatically be refused as you are not eligible. You will need to have your PR status revoked first, and the correct way to do this is to apply for a Travel Document (Permanent Resident Abroad) from your local embassy. http://www.cic.gc.ca/English/information/applications/guides/5529ETOC.asp

 

[Leon]

You can apply for a TD and write on your application that you know that you do not meet the residency obligation and basically just want to renounce your PR so that you can apply for a visit visa to visit your family. They may still wait 60 days after denying your TD to make sure you don't appeal but then they should cancel your PR and you would be free to apply for a visit visa.

 

[sor2965]

Thank you all for your advice, it is greatly appreciated.

Obib, from the link you provided to the questionnaire to determine whether I’m eligible to apply for a visa resulted in saying that and I quote, “You may still be a permanent resident of Canada. Please confirm your status with Citizenship and Immigration Canada.” And that’s the problem right there, I don’t know how to go about doing that. Help please. Thanks.

Zardoz, that’s the thing, I’m not sure if I still have permanent residency status, because I didn’t meet the residency requirement obligations. How do you determine if you still have status or not? Researching the travel document, IMM 5524 E, this is allows you a one way entry to Canada and upon arriving there you have to apply for a new PR card, but that’s not my intension and I wish to only obtain a visitor visa. Also in the travel document, you have to put a permanent address in Canada, unfortunately I don’t have one. So I’m not sure if this document is right for me.

I began intensively researching and found many persons in similar situations, where voluntary relinquishment of permanent residence is permitted where an individual does not meet the residency obligation and is seeking to enter Canada as a temporary resident. Therefore a person who voluntarily relinquishes his or her status will no longer be considered a permanent resident. They would be treated as a foreign national under the IRPA. There is a form everyone is talking about the IMM 5538 B – Relinquishment of Permanent Resident Statuses/ Residency Obligations not met, but I can’t seem to find it anywhere. Should I physically go to the Embassy of Canada in my home country and seek this form? Or should I send an email inquiry requesting this form and the procedure to go about this? Greatly appreciate your advice. Thanks.

Leon, from the above paragraph, what are your thoughts on the IMM 5538 B Form instead of the PRTD – IMM 5524 E. I have been researching and found a pdf entitled ENF 23 Loss of Permanent Resident Status where in section 7.10 gives you the information necessary to go about relinquishing your PR status. What do you think? Is this the way to go? But the thing is I’m not finding the IMM5538 B form to download. Also with respect to the 60 days, since my card expired June 2014, does that mean I have to wait 60 days before I can go about to relinquish my PR status? Greatly appreciate your advice.

Thank you all very much.

 

[zardoz]

It is now the preferred method of visa offices to have someone who wishes to relinquish their PR status to raise a PRTD request, rather than submit a relinquishment form. I'm sure the form does still exist, but as you have discovered, it's not readily available any more.

You ARE still a PR unless it has been formally revoked, and you would know about that as you have an automatic right of appeal. You cannot lose your PR status "by accident" or "by default".

This may all seem counter-intuitive, but it's the way things work.

 

[sor2965]

Thank you very much Zardoz for clearing that up. So I’m still considered a PR even though my card is expired and that I did not meet the residency obligations. Ok good. Thanks. So my next step would be:

1. Either email or go physically to the Embassy of Canada in my home country to request the IMM 5538 B – Relinquishment of Permanent Resident Statuses/ Residency Obligations not met Form and the relevant procedure involved.

OR

2. Raise a PRTD request. Right? I got the PRTD Form online, IMM 5524 E but having trouble filling it out. Would greatly appreciate your feedback. For questions 11 and 12 where I have to state the day I intend to return to Canada and my permanent address in Canada, unfortunately I don’t have a permanent address there so what do I put in that space, N/A? And for the return date, it can be any random date I wish to return for a visit right? Also for question for question 18, Humanitarian and Compassionate Grounds, is it in this space should I state that I would like to voluntarily relinquish my PR status and give my reasons for doing so??

Also Leon, spoke about a 60 day period after my card expired, so does that mean I have to wait 60 days before I can go about to relinquish my PR status or submit the PRTD Form; or can I do it anytime? Thank you very much.

 

[sor2965]

Hello??? Would greatly appreciate your feedback to my questions...

Thank you very much.

 

[zardoz]

As I have already suggested, the PRTD is now considered to be the "normal" way to go. However, you seem very keen on the alternative, so the choice is yours. What Leon said was that you will still have to wait for any possible appeal period to expire before they will formally revoke your PR status. Only after that will you be able to apply for any form of visa.

 

[sor2965]

Thank you very much... your advice is greatly appreciated. I've decided to go with the PRTD.

I got the PRTD Form online, IMM 5524 E but having trouble filling it out. Would greatly appreciate your feedback. For questions 11 and 12 where I have to state the day I intend to return to Canada and my permanent address in Canada, unfortunately I don't have a permanent address there so what do I put in that space, N/A? And for the return date, it can be any random date I wish to return for a visit right? Also for question for question 18, Humanitarian and Compassionate Grounds, is it in this space should I state that I would like to voluntarily relinquish my PR status and give my reasons for doing so??

 

[zardoz]

Yes, just use common-sense answers and for H&C state "N/A". Attach a letter acknowledging that you don't meet the Residency Obligation and that you don't wish to appeal the resulting revocation.

 

[sor2965]

Thanks