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Restoration of pr status

spyrosbestplumber

Full Member
Dec 17, 2012
29
1
Hello members

I am in a unique situation and I could really use some help. Here are the facts.

I applied in 2014 for pr with mpnp. Along with me were included my now x wife and daughter. I became a pr in 2015 and a Canadian citizen in 2018. My x wife accompanied by my daughter visited Canada twice ,in 2015 where she became a pr and one in 2016. At the end of 2016 I got divorced. My x wife got full custody of my daughter and decided to stay in Greece. Obviously my daughter does not meet the residency requirement since last time she was in Canada was almost six years ago. However when she left the country was a minor , she turned 18 this February. The question is, is there any way to restore status for her? Can she apply to renew her pr card based on hc grounds? Could she use my Canadian address for this? Or would it be better to denounce status and apply from scratch? My daughter is dependent on me and I live permanently in Canada. Any other ideas are welcome.

Thanks in advance.
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,529
Hello members

I am in a unique situation and I could really use some help. Here are the facts.

I applied in 2014 for pr with mpnp. Along with me were included my now x wife and daughter. I became a pr in 2015 and a Canadian citizen in 2018. My x wife accompanied by my daughter visited Canada twice ,in 2015 where she became a pr and one in 2016. At the end of 2016 I got divorced. My x wife got full custody of my daughter and decided to stay in Greece. Obviously my daughter does not meet the residency requirement since last time she was in Canada was almost six years ago. However when she left the country was a minor , she turned 18 this February. The question is, is there any way to restore status for her? Can she apply to renew her pr card based on hc grounds? Could she use my Canadian address for this? Or would it be better to denounce status and apply from scratch? My daughter is dependent on me and I live permanently in Canada. Any other ideas are welcome.

Thanks in advance.
Will she be moving to Canada permanently?
 

scylla

VIP Member
Jun 8, 2010
95,881
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
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App. Filed.......
28-05-2010
AOR Received.
19-08-2010
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05-10-2010
Hello members

I am in a unique situation and I could really use some help. Here are the facts.

I applied in 2014 for pr with mpnp. Along with me were included my now x wife and daughter. I became a pr in 2015 and a Canadian citizen in 2018. My x wife accompanied by my daughter visited Canada twice ,in 2015 where she became a pr and one in 2016. At the end of 2016 I got divorced. My x wife got full custody of my daughter and decided to stay in Greece. Obviously my daughter does not meet the residency requirement since last time she was in Canada was almost six years ago. However when she left the country was a minor , she turned 18 this February. The question is, is there any way to restore status for her? Can she apply to renew her pr card based on hc grounds? Could she use my Canadian address for this? Or would it be better to denounce status and apply from scratch? My daughter is dependent on me and I live permanently in Canada. Any other ideas are welcome.

Thanks in advance.
Your daugher can only apply to renew her PR card once she is physically in Canada.

Assuming she is outside of Canada, she would apply for a PR Travel Document with H&C considerations to be allowed to travel to Canada.

If your daughter plans to apply for a PRTD, come to Canada and then apply to renew her PR card, she should have plans to live in Canada permanently (rather than just coming for a short visit).
 

Ponga

VIP Member
Oct 22, 2013
10,417
1,469
Job Offer........
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Can your daughter travel to the U.S.?

Your daughter has NOT (yet) lost her PR status, even though she has not met the Residency Obligation. Only her PR card has expired, not her PR status.

She could re-enter Canada (via a land border from the U.S. in a private vehicle (your car, for example)) and `live' with you at any time, but...if she is reported by CBSA for non-compliance, you would then need to decide what is the best option. The `process' to lose PR status takes a bit of time, which includes attending a hearing, etc., so it's not instantaneous after entering Canada. My suggestion would be to at least speak with a qualified immigration lawyer. The law firm that generously provides these forums offers a free consultation.