Returning Resident Help

[Greyhamman]

Hi,

I'm a UK citizen with strong links to Canada throughout my life since. I'm 39 years old and have visited Canada over 30 times. In 1989 my family moved to Canada (with me, aged 13). We stayed for a few years (2 I think) but had to return to the UK. Since then I went back in 1999 with Returning Resident status. I have a Social Security number, driving license and health card. Unfortunately I only stayed for less than a year and returned to the UK.

I'm now in a position where I wish to return to Canada again but I'm unsure of my status. Can I simply arrive and take up where I left off or do I need to apply for some kind of immigration status again?

Thanks in advance.

 

[zardoz]

Hi,

I'm a UK citizen with strong links to Canada throughout my life since. I'm 39 years old and have visited Canada over 30 times. In 1989 my family moved to Canada (with me, aged 13). We stayed for a few years (2 I think) but had to return to the UK. Since then I went back in 1999 with Returning Resident status. I have a Social Security number, driving license and health card. Unfortunately I only stayed for less than a year and returned to the UK.

I'm now in a position where I wish to return to Canada again but I'm unsure of my status. Can I simply arrive and take up where I left off or do I need to apply for some kind of immigration status again?

Thanks in advance.

Your status is probably as a PR, unless it was formally revoked. However, there is a very high probability of being reported at the POE when you arrive in Canada and starting on the path to revocation. You offer no information that could be a mitigating factor in an H&C based appeal. On that basis, you should be prepared to lose your existing PR status. Having said that, you appear to have slipped under the CBSA radar up until now during your visits... Maybe you will get lucky again.

 

[Lammawitch]

Are you a Canadian citizen or a PR?

As a PR, "returning resident" doesn't apply unless you meet the residency obligation (which you don't appear to)

See Zardoz's reply.

If your PR status has never been revoked, you'll be admitted, whether reported or not. If reported, you will have to show and prove some mighty good reasons for having been out of Canada so long.

Your SSN might well be dormant. Your DL & health card will need to be renewed - there are residency requirements in the relevant province, apart from PR requirements.

 

[Msafiri]

Hi,

I'm a UK citizen with strong links to Canada throughout my life since. I'm 39 years old and have visited Canada over 30 times. In 1989 my family moved to Canada (with me, aged 13). We stayed for a few years (2 I think) but had to return to the UK. Since then I went back in 1999 with Returning Resident status. I have a Social Security number, driving license and health card. Unfortunately I only stayed for less than a year and returned to the UK.

I'm now in a position where I wish to return to Canada again but I'm unsure of my status. Can I simply arrive and take up where I left off or do I need to apply for some kind of immigration status again?

Thanks in advance.

As alluded to by zardoz your situation depends on Canadian immigration officials being aware you have PR status and second that you have such extensive absences from Canada as to breach the Residence Obligation (which you have). It used to be that visitor visa exempt nationals to Canada e.g UK passport holders who did not have a valid PR Card card (if you breach the RO you don't want to apply for a PR Card) would travel to Canada and the border agents would assume they were visitors and admit them as such. This typically if you landed prior to the mid 90s when databases weren't what they are today, your travel documents are new (not the one you landed with) and your name variation is common e.g John Smith. This appears to be what has been your experience with your multiple entries since you left as a young PR. You just have to take a chance and return to Canada and hope either CBSA presume you are a visitor (likely based on your admissions so far) or even if they find out you are a PR they don't report you for breaching the RO.

To a great extent it also depends on who you find at the border. The agent might feel sorry for you, be disinterested in the paperwork to report you, be willing to give you a break, retiring in a week and can't be bothered or they may be an officious young gun out to get their first report. Explain your removal at a young age if this comes up maybe they will will feel sorry for you though had you been returning at 19 and not in your 30s it would have some weight. If you are admitted without being reported thanks your lucky stars and once on Canadian soil do not leave for 730 days so you can get your RO back into compliance.

You don't need in theory need a PR Card to live in Canada as its a travel document but not having one will make day to day life a hassle e.g applying for a DL and Provincial Health Coverage. You just have to live with the hassle because if you apply for a PR Card then CIC will also know you are in breach of the RO. If you get reported when you arrive make sure you appeal within 30 days so you get your day in court. Come back to the forum and there will be advise as to the next steps. Again do not leave Canada if there is an appeal. Stay put and become a useful member of society as per the courts read get a job it may swing an appeal in your favour since as things stand you need all the luck you can master.

Seek admission before March 15, 2016 when Canada mandates the electronic Travel Authorization scheme (akin to the US ESTA for VPS) that will pick out visitor visa exempt passport holding PRs that don't have a valid/no PR card. CBSA Secondary Inspection will likely be waiting for you when you arrive in Canada wanting to know why you don't have a valid PR Card!! This definitely leads to an increased risk of being reported.

Good luck

 

[Lammawitch]

The Canadian High Commission in London won't be able to help *at all* if you eventually need to redo the immigration process from scratch.

But you haven't got to that stage yet.