Trying to return to Canada

[CanucksHK]

Hi all,

Don't know what to do. Here's my situation.

Chinese from HK, moved and landed in YVR BC in June 1996 (with record of landing) alone via skilled worker category (application was done by assigning an immigration consulting lawyer from Montreal), attended a face to face interview at the Buffalo Canadian Consulate (had a US B1/B2 multiple entry visas issued for that visit and I still have the passport with that VISA) prior to the issuance of the landing paper.

Did not leave the country for any prolong period and was living there pretty much full time till 2005. I had SIN card (which I checked with the website www.payroll.ca showing it's still valid), BC MedicCard, BC Driver License, and a bank account, however they are lost over the years because of moving around. The only document I still possess is that passport with the record of landing.

In 2005, due to my late father's illness, I must return to HK immediately to help looking after and emotionally supporting my family (my family consists of my parents and 2 younger siblings, was in HK the whole time and never come to Canada, because I was emigrated to Canada independently and never applied them to come over for family reunion).

At the time, the only travel document was the passport with my record of landing which had expired, I have also lost my HK Identity Card at the time of travel. Since I was traveling on a direct non stop flight from YVR to HKG, all I have to tell the airline was, I have the right to enter HK since I was born here, and I can do the explanation upon my arrival with HK immigration officers. The airline checked and confirmed my saying and after reporting a loss of my HK ID Card, it was totally fine for my entry.

I wasn't aware that there were procedures, requirements and obligations that I must apply to Canadian government as an away resident, let alone of the newly imposed PR Card / PRTD. (Call me stupid!)

Now after all these years since 2005, I have completed all my responsibilities, watching my 2 siblings got married and have established new families, it was time for me to move on and am planning to return to Canada.

Nightmares...... after reading all these eligibilities of applying PR Card / PRTD, I am pretty much sure that I don't meet their requirements IF I am returning to Canada directly via any commercial carriers.

Here are the difficult decisions/steps I am trying to make....

1. Should I apply a PRTD under humanitarian reasons? (Besides the proof of my fathers death, there was not much supporting documentation to show how and what I did to support my family even though my mom was in deep depression since she didn't want to and never go see any doctors, nor why and how my siblings both live in HK couldn't help in taking care of her)

2. Would applying a PRTD unsuccessfully be prematurely alarming the Canadian Immigration department by red flagging me?

3. Knowing a PR Card or PRTD is only required if traveling via Commercial Carrier, should I just skip the application and get a B1/B2, fly to SEA and have a Canadian friend drive down to pick me up? Or rent a car to drive myself up?

4. Will the border guard / immigration officer allow my entry by show my valid passport together with the old passport which had the paper record of landing attached ?

5. If I am allowed to go through the land crossing border, after arriving in BC Canada, (the job I once worked has a position opened and I have it already lined up, basically all I need to do is to be there physically and proofing my eligibility and legitimacy to be employed), can I still be employed (?need citations?)knowing my SIN is still valid ? (I don't have the physical plastic card though)

6. If I wasn't red flagged, without a valid PR Card, I understand that I could not apply BC MediCare nor a BC Driver's license (? Need citations). However if I stayed in Canada for 2 years continuously, is it possible to be eligible in applying a PR Card?

7. I suspected that since I left Canada on a one way ticket back to HK in 2005, the Canadian immigration didn't have the record of my departure (I didn't need to go thru Canadian Customs/Immigration at the time of leaving), thus the Federal government which governs the SIN Card still showing validity (as I was never in touch with the Canadian Consulate HK office by negligence).....(need citations?) does that imply and give an impression that i was simply off the grid and no authorities was able to locate me ? Does that make me crossing the border would end my absence for all these years, meaning my Residency Status is retained?

8. Is my PR status still valid since my absence? Or do I lose my status of landed immigrant after all ?

9. I am thinking , if my SIN Card valids, I can be employed by my old job. Is it possible to report a loss of my SIN Card, BC MediCard and apply for a replacement?

Kindly let me know if you have any answers to my situation since I wish to return ASAP.

Thank you all for reading and paying attention and I am grateful if anyone could offer any advice in advance.

Cheers and God Bless

 

[evdm]

1, You could apply under H&C reasons, but be prepared for it to face scrutiny and you potentially being denied the PRTD and steps taken to revoke your PR Status. You could then appeal, but this would be lengthy.

2, As above, if the PRTD is denied, it's likely the officer will report you and the process of revoking your PR will start for failure to meet the RO.

3, If you could travel to the US and cross at the land border in a private vehicle, you would be let in to Canada. You remain a PR and as such you have a right to enter Canada; however, you do risk being reported at the border if the officer determines you have failed to meet your RO. This report will trigger the start of the proces for revocation of your status and removal process. but you will be allpwed into Canada and could appeal if this is the case. If you are let in and not reported, you can have no interaction with IRCC for at least 2 years until you are back in compliance with the RO. This means no travel outside of Canada, do not apply for a new PR Card, and do not sponsor anyone.

4, See above, but without a PR card it's likely that the officer will have questions. Though once the officer establishes that you are a PR you will be let in to Canada.

5, As a PR you have a right to work in Canada. I believe that new plastic cards aren't issued anymore, so just the number should be sufficient.

6, I don't know the process for BC

7, The CBSA may or may not have records of your travels, but this won't (as far as I know) automatically be visible to an officer. They will most likely ask you about your travels and you will have to answer truthfully. Lying to the officer will lead to bigger problems. The officer does have the discretion to consider H&C reasons, and may choose not to report you. However, 13 years is a very long absence.

8, You are a PR until either you renounce the status, the status is revoked, or you become a citizen. None of these things is automatic and there would be a process to follow for each. So yes, you are still a PR.

9, Like I said, I believe that no new plastic cards are issued and everything is just done by the number for SIN. Don't know about BC MediCard.

 

[zardoz]

Hi all,

Don't know what to do. Here's my situation.

Chinese from HK, moved and landed in YVR BC in June 1996 (with record of landing) alone via skilled worker category (application was done by assigning an immigration consulting lawyer from Montreal), attended a face to face interview at the Buffalo Canadian Consulate (had a US B1/B2 multiple entry visas issued for that visit and I still have the passport with that VISA) prior to the issuance of the landing paper.

Did not leave the country for any prolong period and was living there pretty much full time till 2005. I had SIN card (which I checked with the website www.payroll.ca showing it's still valid), BC MedicCard, BC Driver License, and a bank account, however they are lost over the years because of moving around. The only document I still possess is that passport with the record of landing.

In 2005, due to my late father's illness, I must return to HK immediately to help looking after and emotionally supporting my family (my family consists of my parents and 2 younger siblings, was in HK the whole time and never come to Canada, because I was emigrated to Canada independently and never applied them to come over for family reunion).

At the time, the only travel document was the passport with my record of landing which had expired, I have also lost my HK Identity Card at the time of travel. Since I was traveling on a direct non stop flight from YVR to HKG, all I have to tell the airline was, I have the right to enter HK since I was born here, and I can do the explanation upon my arrival with HK immigration officers. The airline checked and confirmed my saying and after reporting a loss of my HK ID Card, it was totally fine for my entry.

I wasn't aware that there were procedures, requirements and obligations that I must apply to Canadian government as an away resident, let alone of the newly imposed PR Card / PRTD. (Call me stupid!)

Now after all these years since 2005, I have completed all my responsibilities, watching my 2 siblings got married and have established new families, it was time for me to move on and am planning to return to Canada.

Nightmares...... after reading all these eligibilities of applying PR Card / PRTD, I am pretty much sure that I don't meet their requirements IF I am returning to Canada directly via any commercial carriers.

Here are the difficult decisions/steps I am trying to make....

1. Should I apply a PRTD under humanitarian reasons? (Besides the proof of my fathers death, there was not much supporting documentation to show how and what I did to support my family even though my mom was in deep depression since she didn't want to and never go see any doctors, nor why and how my siblings both live in HK couldn't help in taking care of her)

2. Would applying a PRTD unsuccessfully be prematurely alarming the Canadian Immigration department by red flagging me?

3. Knowing a PR Card or PRTD is only required if traveling via Commercial Carrier, should I just skip the application and get a B1/B2, fly to SEA and have a Canadian friend drive down to pick me up? Or rent a car to drive myself up?

4. Will the border guard / immigration officer allow my entry by show my valid passport together with the old passport which had the paper record of landing attached ?

5. If I am allowed to go through the land crossing border, after arriving in BC Canada, (the job I once worked has a position opened and I have it already lined up, basically all I need to do is to be there physically and proofing my eligibility and legitimacy to be employed), can I still be employed (?need citations?)knowing my SIN is still valid ? (I don't have the physical plastic card though)

6. If I wasn't red flagged, without a valid PR Card, I understand that I could not apply BC MediCare nor a BC Driver's license (? Need citations). However if I stayed in Canada for 2 years continuously, is it possible to be eligible in applying a PR Card?

7. I suspected that since I left Canada on a one way ticket back to HK in 2005, the Canadian immigration didn't have the record of my departure (I didn't need to go thru Canadian Customs/Immigration at the time of leaving), thus the Federal government which governs the SIN Card still showing validity (as I was never in touch with the Canadian Consulate HK office by negligence).....(need citations?) does that imply and give an impression that i was simply off the grid and no authorities was able to locate me ? Does that make me crossing the border would end my absence for all these years, meaning my Residency Status is retained?

8. Is my PR status still valid since my absence? Or do I lose my status of landed immigrant after all ?

9. I am thinking , if my SIN Card valids, I can be employed by my old job. Is it possible to report a loss of my SIN Card, BC MediCard and apply for a replacement?

Kindly let me know if you have any answers to my situation since I wish to return ASAP.

Thank you all for reading and paying attention and I am grateful if anyone could offer any advice in advance.

Cheers and God Bless

There are no "procedures, requirements and obligations that I must apply to Canadian government as an away resident".

1) A PRTD request based on H&C grounds is, given your narrative, most likely to be denied.

2) A PRTD denial will automatically revoke your PR status, subject to appeal.

3) That is an option.

4) Until you formally lose PR status, you will be allowed to enter Canada, assuming that you can prove your identity. However, you are quite likely to be reported for failure to meet the residency obligation requirements. This will trigger the process of revoking your PR status, again subject to appeal.

5) Until you lose your PR status, you have the same employment rights as any other PR. Your SIN will be dormant and need to be reactivated by Service Canada.

6) Two years of provable physical residency will reset the non-compliance of the RO and then you will be able to renew your PR card. Don't know about BC health insurance etc.

7) This really isn't relevant. Failure to disclose, when asked, for truthful information regarding your absence from Canada, is likely to lead you down a path that you don't wish to go. Misrepresentation.

8) It's still valid until it's formally revoked, renounced, you become a Canadian citizen or you die.

9) Yes you can report those lost but it will achieve nothing. SIN cards are no longer being issued. Your BC Medicare card is expired and you will have to apply for coverage

 

[CanucksHK]

Thanks a lot. Would there be a higher chance for less questioning if I use other land crossing other than Peace Arch ? I am thinking to cross the border into Alberta since they recognize the record of landing as a sufficient supportingd document to prove PR status as to apply for driver license and health care?

1, You could apply under H&C reasons, but be prepared for it to face scrutiny and you potentially being denied the PRTD and steps taken to revoke your PR Status. You could then appeal, but this would be lengthy.

2, As above, if the PRTD is denied, it's likely the officer will report you and the process of revoking your PR will start for failure to meet the RO.

3, If you could travel to the US and cross at the land border in a private vehicle, you would be let in to Canada. You remain a PR and as such you have a right to enter Canada; however, you do risk being reported at the border if the officer determines you have failed to meet your RO. This report will trigger the start of the proces for revocation of your status and removal process. but you will be allpwed into Canada and could appeal if this is the case. If you are let in and not reported, you can have no interaction with IRCC for at least 2 years until you are back in compliance with the RO. This means no travel outside of Canada, do not apply for a new PR Card, and do not sponsor anyone.

4, See above, but without a PR card it's likely that the officer will have questions. Though once the officer establishes that you are a PR you will be let in to Canada.

5, As a PR you have a right to work in Canada. I believe that new plastic cards aren't issued anymore, so just the number should be sufficient.

6, I don't know the process for BC

7, The CBSA may or may not have records of your travels, but this won't (as far as I know) automatically be visible to an officer. They will most likely ask you about your travels and you will have to answer truthfully. Lying to the officer will lead to bigger problems. The officer does have the discretion to consider H&C reasons, and may choose not to report you. However, 13 years is a very long absence.

8, You are a PR until either you renounce the status, the status is revoked, or you become a citizen. None of these things is automatic and there would be a process to follow for each. So yes, you are still a PR.

9, Like I said, I believe that no new plastic cards are issued and everything is just done by the number for SIN. Don't know about BC MediCard.

 

[vensak]

1. Your PR as such does not expire unless it is revoked or you will renounce it.

2. However you will get questions like how long did you stay outside Canada to which you would have to answer truthfully (otherwise if it is found out later it would be deemed a misinterpretation with all following consequences.
3. So you chance to get reported is really high. Once that happens you have to stay in Canada and go for an appeal. Then it is to put down your H&C reasons.
4. Your chances to succeed that one are rather low. Yes one parent was sick but that was not the case for your mother. Also the length of your stay to get your siblings married is not a real H&C reasons (it is expected from an adult to be able to establish his family by himself and you did not mentioned any serious problem that would prevent them to do so). As for financial support, that can be done sending money from abroad as well. But then again prepare your case and you will see.
5. If ever you are not reported you have to keep low profile for 2 years at least in Canada (forget about travelling anywhere abroad) and then you can ask for your PR card.

The way you behaved is not a stupid per se. It is just at that time Canada was not in your top priority list for whatever reason. And you were a bit naïve to believe that what functioned in the past will work now.

Good luck

 

[CanucksHK]

Thanks a bunch.

In regards to (5), would that trigger any interaction with IRCC ?

There are no "procedures, requirements and obligations that I must apply to Canadian government as an away resident".

1) A PRTD request based on H&C grounds is, given your narrative, most likely to be denied.

2) A PRTD denial will automatically revoke your PR status, subject to appeal.

3) That is an option.

4) Until you formally lose PR status, you will be allowed to enter Canada, assuming that you can prove your identity. However, you are quite likely to be reported for failure to meet the residency obligation requirements. This will trigger the process of revoking your PR status, again subject to appeal.

5) Until you lose your PR status, you have the same employment rights as any other PR. Your SIN will be dormant and need to be reactivated by Service Canada.

6) Two years of provable physical residency will reset the non-compliance of the RO and then you will be able to renew your PR card. Don't know about BC health insurance etc.

7) This really isn't relevant. Failure to disclose, when asked, for truthful information regarding your absence from Canada, is likely to lead you down a path that you don't wish to go. Misrepresentation.

8) It's still valid until it's formally revoked, renounced, you become a Canadian citizen or you die.

9) Yes you can report those lost but it will achieve nothing. SIN cards are no longer being issued. Your BC Medicare card is expired and you will have to apply for coverage

 

[vensak]

Thanks a lot. Would there be a higher chance for less questioning if I use other land crossing other than Peace Arch ? I am thinking to cross the border into Alberta since they recognize the record of landing as a sufficient supportingd document to prove PR status as to apply for driver license and health care?

It is not that simple with the driving licence. It depends how long is it expired. if it is expired too long you might have to go through another driving test and you will need the required ID to get it.

So yes your situation is not that simple.

 

[CanucksHK]

Very much appreciate your advice.

1. Your PR as such does not expire unless it is revoked or you will renounce it.

2. However you will get questions like how long did you stay outside Canada to which you would have to answer truthfully (otherwise if it is found out later it would be deemed a misinterpretation with all following consequences.
3. So you chance to get reported is really high. Once that happens you have to stay in Canada and go for an appeal. Then it is to put down your H&C reasons.
4. Your chances to succeed that one are rather low. Yes one parent was sick but that was not the case for your mother. Also the length of your stay to get your siblings married is not a real H&C reasons (it is expected from an adult to be able to establish his family by himself and you did not mentioned any serious problem that would prevent them to do so). As for financial support, that can be done sending money from abroad as well. But then again prepare your case and you will see.
5. If ever you are not reported you have to keep low profile for 2 years at least in Canada (forget about travelling anywhere abroad) and then you can ask for your PR card.

The way you behaved is not a stupid per se. It is just at that time Canada was not in your top priority list for whatever reason. And you were a bit naïve to believe that what functioned in the past will work now.

Good luck

 

[CanucksHK]

So yes, if I don't apply for health care nor driver license for 2 years, that shouldn't be any problems prior to meeting the RO and qualify in applying a PR Card?

It is not that simple with the driving licence. It depends how long is it expired. if it is expired too long you might have to go through another driving test and you will need the required ID to get it.

So yes your situation is not that simple.

 

[vensak]

So yes, if I don't apply for health care nor driver license for 2 years, that shouldn't be any problems prior to meeting the RO and qualify in applying a PR Card?

If and again if you are not reported and you stay low profile (health card might be a problem as well because they ask for your PR card), then after 2 years you are able to get PR card.
But chances for that to happen are really low. As returning in by using just your passport or COPR will most likely trigger more questions that will most likely lead to be reported.

 

[CanucksHK]

You mean when/after I cross the border?

Would it make any difference if i show them my return ticket from SEA to HKG ?

If and again if you are not reported and you stay low profile (health card might be a problem as well because they ask for your PR card), then after 2 years you are able to get PR card.
But chances for that to happen are really low. As returning in by using just your passport or COPR will most likely trigger more questions that will most likely lead to be reported.

 

[Buletruck]

I don’t think there is going to be any scenario entering Canada through the US that won’t require secondary inspection. An absence from Canada of 13 years and a 20 year old landing document as proof of your right to enter is going to trigger an inquiry from CBSA. Your ability not to be reported is going to depend significantly on the strength of your explanation and the compassion of whichever CBSA officer you meet that day. As Vensak pointed out, I would suspect a PRTD is a non starter.

 

[zardoz]

Is being diagnosed as HIV positive recently a good reason under H&C ?

No. Sorry.

 

[keesio]

I think the only option is to fly to the USA and then try a land crossing, be honest, and hope for the best. You might get really lucky and get a really nice and sympathetic CBSA officer who will let you in with a warning and decide to give you a second chance at this. 13 years is a long time so you will need a lot of luck on your side. So your chance of success is low. But you never know.

 

[CanucksHK]

I think the only option is to fly to the USA and then try a land crossing, be honest, and hope for the best. You might get really lucky and get a really nice and sympathetic CBSA officer who will let you in with a warning and decide to give you a second chance at this. 13 years is a long time so you will need a lot of luck on your side. So your chance of success is low. But you never know.

Do I have to go thru the land crossing ? Another option is, my friends have a private yacht and they can transport me from US to BC

Is it mandatory that i.must go thru a border with CBSA officers present?