Returning Canadian Family and one non-Canadian with a 1983 PR!

[BAR82]

Fabulous forum, I've already learned a lot- but would so appreciate some insight from those more in the know!

My father was granted PR status in the early 80's and has a regular SIN number (i.e. not starting with a 9).
Without fulfilling his RO he and his Canadian wife (my mum) went to live and work in Africa.

Now they wish to live in Canada- because I (Canadian) and my husband/child wish to live and settle there permanently.

MY QUESTION
-Has my dad inadvertently fulfilled the RO because he and mum lived/worked their entire married life together? *My mum did not work for a Canadian business/airforce etc...nor my dad.

If the answer is no, he has not fulfilled his RO, then he is prepared to renounce his PR, and open the way for mum to sponsor him.

However, even with his wife, kid and grandkid (Canadians) living in Canada (we thought his prospects may be better to apply from inside Canada once we are established)- I fear his sponsorship application could still be rejected:
-they don't have the required minimum savings of $30,000
-My siblings and I provide, and will be able to continue to provide for their daily needs (rental, health, food etc.)- but we can't at this time, save that kind of "required minimum" money since I am personally also sponsoring my non-Canadian husband.

If anyone knows what the likely prospects are for this type of situation I'd love to hear.

Thank you Forum,
BAR82

 

[BAR82]

one more additional note:

my father does not have the expired PR card anymore.
So if he wanted to enter Canada to live for a 2 year period before reapplying for his PR (if that's even possible?)- he would have to apply for a new PR card, and then they will flag him for lack of RO; or he can enter with his Irish passport- but I don't think he can do that legally if he has an on-going (and unresolved) PR status.

hells bells

BAR82

 

[kateg]

Accompanying a Canadian Citizen spouse counts towards the residency obligation. They only look back 5 years.

If he has met the Residency Obligation (by accompanying such a spouse), he can apply to renew his PR card immediately. He should bring proof with him, but should not experience significant issues. There may be delays as they hunt down the old records.

Edit: If he wishes to travel to Canada, he should apply for a PR travel document.

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=727&t=10

http://www.cic.gc.ca/english/information/travel-document/

From the sounds of things, he could apply for the PRTD (takes a week or two, generally), and simply come to Canada.

 

[Leon]

Agreed. Due to accompanying a Canadian spouse overseas, he meets the residency requirements. The PR travel document is needed in order for him to return to Canada and once he is in Canada, he can apply for a PR card.

He probably never had an expired PR card because they did not start issuing them until 2002.

Both your parents SIN's are probably set to dormant status so they would have to visit Service Canada in order to get them re-activated.

 

[BAR82]

Dear Kateg & Leon,

I can't thank you enough! Wonderful to finally have some clarity! He will send off his application asap.

Keep up the wonderful work,

BAR82

 

[purplesnow]

Ireland is visa exempt so if he has an Irish passport he doesn't need a travel document to get to Canada.

But if they plan on coming back after March 15 this year, he might need to get an ETA.
http://www.cic.gc.ca/english/visit/eta.asp

 

[kateg]

Ireland is visa exempt so if he has an Irish passport he doesn't need a travel document to get to Canada.

He should still have one. While he may be able to enter without one, if he truthfully declares himself as a permanent resident, the airline will want a PRTD or PR Card.

 

[Rob_TO]

He should still have one. While he may be able to enter without one, if he truthfully declares himself as a permanent resident, the airline will want a PRTD or PR Card.

Up until March 15, a visa-exempt traveler only needs to present their visa-exempt passport in order to fly to Canada. They do not need to declare they are a Canadian PR.

However after March 15 the eTA system becomes mandatory, and at that time a PR not carrying a PR card will be forced to get a PR Travel Doc, since eTAs can't be issued to PRs so will no longer be able to fly on visa-exempt passport alone (unless you're a US citizen and exempt from eTA)

 

[Dave4236]

Hello BAR82

Leon has it totally correct. I had a very similar situation and time frame and Leon had it right for me too.

I became a Landed Immigrant in 1977 from the US. The Canadian wife and I moved back to the US in 1984. I had reapplied early last year for sponsored immigration, but a very alert CBSA agent at the border thought that I did not need to do that when I was asking questions during a visit to the Canadian family in August. It took until December for the CIC to actually look at things and declared that I was indeed still a permanent resident based on having been with my Canadian spouse all of these years and closed out the sponsored application. They told me I just needed to apply for my first PR Card!

 

[BAR82]

Hi Dave4236,

How wonderful to learn after all that time that you are still a PR and eligible to continue! That is how it has been for my dad. Discovering this information has greatly lessened the bureaucracy burden we thought we were facing.

Thanks for sharing your story with me. It's been very reassuring!

All the best,
BAR82

 

[kateg]

Up until March 15, a visa-exempt traveler only needs to present their visa-exempt passport in order to fly to Canada. They do not need to declare they are a Canadian PR.

Yes. The airline may not ask, and you don't get in trouble if you lie (as they are not a government agency).

What one can do, and what one legally should do, are two separate questions.

Discovering this information has greatly lessened the bureaucracy burden we thought we were facing.

You have a pretty easy job. It's a matter of getting the documents in order, which can be a pain, but is not a risk.

 

[Rob_TO]

Yes. The airline may not ask, and you don't get in trouble if you lie (as they are not a government agency).

What one can do, and what one legally should do, are two separate questions.

You don't need to lie. All you need to say is "i'm travelling on my visa-exempt passport".

There is a difference between lying and simply not volunteering information.

 

[kateg]

You don't need to lie. All you need to say is "i'm travelling on my visa-exempt passport".

There is a difference between lying and simply not volunteering information.

It depends on the question. If they ask "what is your status in Canada?", "i'm travelling on my visa-exempt passport" would be a lie. It may also not work.

I've flown to Canada before - the computer would not let me check in as I did not have a return ticket. When I went in in person, they asked me point-blank what my status was, and whether I was a permanent resident or had a work/study permit.