Residency obligations not met, PR Card expired, will I get a visitor visa?

[Shubhrak]

Hi everyone, I am new to this forum, and would be grateful for your advice. I became a landed immigrant in 2008, but stayed only a week. The PR was granted to me at a time when I was going through a painful family situation that left me financially and emotionally drained. I had also suffered a major accident in August 2005, from which it took me more than 5 years to recover--I still have implants in my leg and elbow.

For these reasons, I could not move to Canada, though I did visit twice for a week each on work as a journalist (all expenses were borne by Canada Tourism, and my PR Card was still valid).

My PR Card expired in 2013.

I now live in New Delhi, India, and really want to move to Canada, now that my son is working and I am financially stable. However, I am not sure I would be granted a Visitor visa. Even if I get a visa in Delhi, I am worried that I would be stopped at Toronto airport and not allowed to enter. Would my appeal to consider my case on Humanitarian & Compassionate grounds be heard at the visa office here in Delhi or the Immigration counter in Canada, or would I need an appointment with Immigration officers in Canada?

Do advise. It would help me a lot. Many thanks.

 

[scylla]

You cannot obtain a visitor visa without first officially giving up your permanent residency status.

If you want to try to keep your PR status, you would have to apply for a Travel Document from your home country with Humanitarian & Compassionate considerations and provide strong evidence to prove why you were unable to return to Canada to meet your residency obligation. Note that financial, family and work reasons generally are not accepted under H&C. CIC may accept your accident as proof you were unable to move - however this won't explain why you were unable to return between 2010 and 2015. I think you will have your work cut out for you in retaining your PR status.

 

[Shubhrak]

Thank you so much for your reply.

Is a Travel Document different from a Visitor Visa?

I do very much want to retain my PR status, but if financial and family circumstances are not considered valid, I have little hope...

Option B: Canada usually issues six-month multi-entry visitor visas for upto 10 years. If I get that visa upon giving up my PR status, I could go stay there for 6 months at a time. I make my living as a freelance writer, so I won't have to worry about looking for a job there (which in any case I wouldn't be permitted to do.)

But all that hinges on whether they will issue me a visitor visa at all.

Sigh!

 

[scylla]

A visitor visa and travel document are two completely different things. A visitor visa is for visitors. A travel document is for returning permanent residents.

Keep in mind that a visitor visa does not allow you to live in Canada - only visit. If you arrive with a visitor visa looking like you are planning on trying to live in Canada - you may experience issues entering the country or told you can only visit for a short period of time. If you plan to do freelance work in Canada while here as a visitor - make sure you are not doing for for Canadian companies or clients. Any work you do must be for foreign companies who have no Canadian customers / clients.

 

[Shubhrak]

Thanks, Scylla. Your advice is helpful to me.

Do they not even consider looking after a minor child after your divorce a major reason to stay back? My son was in school then, and I was recovering from multiple fractures. My doctor can certify to this. However, I do see that you are right: it is going to be tough and perhaps a lengthy process, with no certainty on what the final decision might be.

I did write a mail to the Immigration Appeal division, but have not received a reply. I guess they are inundated.

The cic.gc.ca website clearly states there is no guarantee of getting a visitor visa even after you surrender your PR status.

Based on your advice, if I do obtain a six-month visitor visa, I shall write for publications and blogs based in the US, UK and India; and perhaps self-publish a couple of books, steering clear of any work/jobs in Canada.

But at this point, all of that is seeming to be a distant dream.

Thanks once again for your time and guidance.

 

[Leon]

It is my opinion that having lost your PR due to not staying in Canada enough doesn't make you likely to overstay your visit visa should you get it. There have been plenty of people who have lost their PR status and have been given a visit visa. However, no guarantees.

You can however not apply for a visit visa while you still officially have PR status. You should therefore apply for a travel document stating your reasons. If you are not planning on settling in Canada at this point and do not wish to keep your PR status, it might be better to include a letter stating those plans and that you do not actually care to keep your PR but need to apply for the travel document in order to verify that you have lost your PR so that you can apply for a visit visa.