Son is Permanent Resident - Study in Canada

[iceflow99]

My son is technically (legally) a landed immigrant. He has IM1000 but we haven’t lived in Canada for over 12 years and we left Canada when he was 5 years old. We are Green Card holders in US. I want him to have first-hand experience of living in Canada, in the hope it will become his country. Whom do we contact to make sure he has no issues in obtaining a study visa. The reason I ask is some years ago I worked in Canada and had the situation where my US employer who sent me to work there, could not obtain a work visa for me as I was a landed immigrant and as such could enter Canada without a work permit. I don’t want my son to have problems with Canadian immigration and be in a ‘limbo’ position regarding his status. I'm assuming he cannot use his landed immigrant status, (or only until he has a removal order processed lets assume) and may not get an international study visa because he doesn't need one, (because he's a landed immigrant). And before you ask...........no it wasn't a good move to leave Canada for the US, especially when you see your kids growing and wonder how their lives and their kids lives will turn out if you look at the big picture..........which you should always look at. Paying a bit more tax is not the big picture.
Thoughts, comments appreciated.
Thanks

 

[Msafiri]

Its best to start by immediatley filing for his US Citizenship so that once he is Canada he is not faced with the risk of US PR loss.

Thereafter obtain an aceptance letter from the Canadian educational institutuion he will be attending. He will need to provide the educational establishment a copy of his IMM1000 to avoid being classed as an international student and pay a significantly higher tuition fee.

As a GC holder he will not need a visitor visa to enter Canada so can board a plane ok. At the Canadian port of entry the CBSA agent will find he has been previously admitted as a PR. Agent will query your son as to his absence and check he meets the Residence Obligation (RO) of being physically present in Canada for 730 days in the 5 years previous to admission. Your son can explain his departure 12 years ago and that he is here to study and show the acceptance letter. Ideally the CBSA agent will admit him as a PR without reporting him. If CBSA reports him then he has 30 days to appeal where his only option is to present Humanitarian and Compassionate (H&C) grounds for retaining his PR. Case law shows that PRs removed from Canada as minors usually win their appeals on the basis that they really had no control over leaving Canada.

Alternative is to apply for a Travel Document (TD) at the Canadian consulate with jurisdiction over where you live. Include the H&C details in the application. The TD application will involve a RO review. The visa officer may accept the application thus confirming you retain PR status and issue the TD which is valid for 30 days for a one time entry into Canada. If the TD is denied you have 60 days to appeal. If you fail to appeal in the 30 or 60 day timelines as the case maybe PR status is lost.

Given the choice taking your chances at the border is a better option that applying for a TD.

Once your son is in Canada he can then start school. If he remains in Canada for 730 days he should apply for a PR Card which is a status document. Note that each time your son enters Canada CBSA will (and should) review if he meets the RO. Just because he gets admitted without being reported on one occasion does not mean he won't get reported at next entry.

Hope that helps.

 

[Leon]

He has a pretty good chance at keeping his PR because he left Canada as a minor child and is returning first opportunity.

 

[iceflow99]

Leon and Msafiri,
I very much appreciate you taking the time to help me understand the position and the detailed response. I'm quite encouraged!! We've started on identifying a college short list for visits, so with a bit of luck all will be well.
Thanks again.