returning resident after a long absence

[Elsacocopops]

Hi, I hope I am putting this query in the right area.... Here are my circumstances.
I lived in Canada from 1974 to 1999 as a landed immigrant. I married a Canadian and have five children that were born in Canada.
We moved to Australia where I was originally from in 1999 and have since divorced.
I have a father who is 79 in Canada and 1 daughter is living there.
I would like to return to Canada and work while I am there, I need to help out my dad who is not financially able to look after himself any more.
I have a canadian social insurance card...
so am I a returning resident? i haven't been living in Canada for two out of the last five years.
so I would say no... do I need to re-immigrate?
I would only like to stay a year or two until I have my dad sorted out financially.
thanks in advance for any advice given
Cheers
Elsa

 

[Msafiri]

Hi, I hope I am putting this query in the right area.... Here are my circumstances.
I lived in Canada from 1974 to 1999 as a landed immigrant. I married a Canadian and have five children that were born in Canada.
We moved to Australia where I was originally from in 1999 and have since divorced.
I have a father who is 79 in Canada and 1 daughter is living there.
I would like to return to Canada and work while I am there, I need to help out my dad who is not financially able to look after himself any more.
I have a canadian social insurance card...
so am I a returning resident? i haven't been living in Canada for two out of the last five years.
so I would say no... do I need to re-immigrate?
I would only like to stay a year or two until I have my dad sorted out financially.
thanks in advance for any advice given
Cheers
Elsa

1. To maintain Canadian PR you need to meet the Residence Obligation (RO) of 730 days of physical presence in any 5 year rolling period from the date PR acquired..this means on any day such as today April 29, 2013 you need to make sure you have 730 days in the period back 5 years so to April 29, 2008.

2. Caveat is that loss of PR based on CIC becoming aware you fail to meet the RO and they report you which is the start of proceedings to revoke PR. Most PRs make CIC aware of RO failure when they apply for a PR Card, apply for a Travel Document (TD), Sponsor a family member or get caught out at a Port of Entry.

3. As an Oz citizen you are visitor visa exempt to Canada. You do not need to apply for a TD. Just get a flight to Canada with a return ticket. The airline will assume you are a tourist. When you get to a Port of Entry explain your situation to the border agent. If you are lucky and don't get reported you need to stay in Canada for 730 days straight to get your PR back in good standing. If you get reported then appeal but at least you will be in Canada. Until PR is formally revoked you retain your PR rights to employment.

4. Land border crossings are usually more relaxed so another option is to enter the US on the VWP then make your way to Canada. Its easier with a non commercial mode of transport so get a rental if you can.

5. Technically you don't need a PR Card whilst in Canada but some Government organizations are accepting a valid PR Card as the only proof of PR status e.g BC for their DL. Your landing documents should suffice. You will need to get private health care if you go to a province where there is a waiting period for provincial coverage e.g Ontario.

6. Depending on your job you may have to requalify or get your certifications assessed so be prepared to potentially get 'survival' jobs until you get a job in your field.

Good luck

 

[Elsacocopops]

Thanks for the quick reply, i will be entering the Country as a tourist, and at this point don't know how long I will be staying, but while I look after my dad I will need to work. I am also looking at the options at bringing him to Australia, but he's 79 so don't know if he would be accepted to come over here as a retiree.

why do I have to tell them at the border that I am a returning resident? Can I just enter as a visitor... then stay two years, then apply for my PR card?


also if I bring my dad to Australia (He is a permanent resident) he can stay out of Canada for three years? before he would loose his PR... for some reason we thought he could only stay out of Canada for six months before he would loose it. Would it be best if my dad became a canadian citizen before we bring him over to Australia, that way if he is not allowed to stay in Australia he is able to go back to Canada.
thanks for clarifying things.

Elsa

 

[Elsacocopops]

Just a quick add on, I am not trying do deceive immigration, (by entering as a tourist)bi don't know how long I will be wanting to stay in Canada, It all depends on how my dad is doing, and the rest of my family is here in Australia so I will be returning to them....


Elsa

 

[Leon]

Your dad needs at least 730 days in Canada in any rolling 5 year period in order to keep his PR. That means if he didn't leave Canada for the past 2 years, he can stay outside for 3 years but then he must come back for 2 again.

As for you, if you had 730 days in the past 5 years either in Canada or living with your Canadian citizen spouse outside Canada, you still meet the residency requirements.

When you arrive in Canada, they may recognize from your name and birthday, passport etc. that you are a PR. They may ask you about it. They may report you for not meeting the requirements. If they do, you can appeal but if you do not meet the residency obligation and have no good reason for being outside so long, you may lose your PR. If you do not get reported on entry, you could stay for 2 years which would put your PR in good standing again. However, you may have problems getting health care, a drivers license etc. without a PR card and you can not apply for a PR card because you do not meet the residency requirements.

 

[Msafiri]

Thanks for the quick reply, i will be entering the Country as a tourist, and at this point don't know how long I will be staying, but while I look after my dad I will need to work. I am also looking at the options at bringing him to Australia, but he's 79 so don't know if he would be accepted to come over here as a retiree.

why do I have to tell them at the border that I am a returning resident? Can I just enter as a visitor... then stay two years, then apply for my PR card?


also if I bring my dad to Australia (He is a permanent resident) he can stay out of Canada for three years? before he would loose his PR... for some reason we thought he could only stay out of Canada for six months before he would loose it. Would it be best if my dad became a canadian citizen before we bring him over to Australia, that way if he is not allowed to stay in Australia he is able to go back to Canada.
thanks for clarifying things.

Elsa

Broder agents may find your details on their database as you seek admission and may follow up on your Residence Obligation (RO). Alternatively they may just stamp you in as a visitor.

I think you need to go with the mindset that you have to stay for 2 years if you get in ok...each time you interact with CIC thereafter there is a risk of a formal RO review.

Applying for citizenship eliminates the RO issue. Canadian citizenship processing is currently 23 months for 80% of routine applications (read no residency concerns). Your dad can leave after applying but there is a risk of missing interview and oath invitations if you don't have a reliable person checking mail in Canada.

Sure your dad going to Australia is an option too but it seems you have to be living in Australia to sponsor him. There is also a considerable wait depending on the visa subclass. Even post visa issuance the medical/ health insurance situation seems unclear.

 

[Elsacocopops]

Thanks for the replies. They sure don't make things easy LOL. I guess I will just go over as a tourist and then decide what I can do and what I want to do after I get there!
Regards,
Elsa

 

[Msafiri]

Thanks for the replies. They sure don't make things easy LOL. I guess I will just go over as a tourist and then decide what I can do and what I want to do after I get there!
Regards,
Elsa

Actually Canada has a very relaxed residency requirements for PR and the ability to do a 2 year stretch to get PR status back in good standing is a loophole if I ever saw one. The real issue is that most PRs want Canada's immigration rules to fit their lifestyle...it doesn't work that way though. Good luck.

 

[scylla]

Actually Canada has a very relaxed residency requirements for PR and the ability to do a 2 year stretch to get PR status back in good standing is a loophole if I ever saw one. The real issue is that most PRs want Canada's immigration rules to fit their lifestyle...it doesn't work that way though. Good luck.

Agreed. Canada is far more lax than the US.