using an old IMM 1000 to apply for a change in immagration status in University

[CAJ]

Hi,

This is a difficult question I really don't know who to ask so I decided to post here.

I just arrived Canada 2 days ago and my background is like this: I got my Record of Landing IMM 1000 in about 21 years ago (Year 1995) when I was 7 years old. After getting the IMM 1000, my family and I left Canada. I did not return Canada since then and I do not have a PR card. I read the forum and the Residency Obligation (RO) that in order for me to get my PR status back, I need to 1) be physically in Canada; 2) living in Canada for 730 days in a 5 years period; (Both of my parents are not Citizen nor PR)

Currently, I am physically in Canada as an international student for my PhD study. I entered Canada using an international student study permit, and I already paid the first tuition fee for my first term. My question is that if I can use my old Record of Landing IMM 1000 to apply for a change in immigration status so that I can pay my tuition fee as a PR? I read most university's guideline for a change in immigration status stated that a student can apply for a change in status by either having ONE of the following documents:

Record of Landing (IMM 1000)
Permanent Resident Card (PRC)
Confirmation of Permanent Residence (IMM 5292)

The only document I have above is the old Record of Landing (IMM 1000), and the paper did not have an expiry date stated. I also wonder if my IMM 1000 is still valid?

Another question is that if I can apply for a PR card now under the humanitarian and compassionate consideration since I left Canada with my parents at the age of 7?

If I stay in Canada for at least 730 days in every 5-year period, Can I get my PR status back with my day-old 21 years old Record of Landing? :

 

[zardoz]

Hi,

This is a difficult question I really don't know who to ask so I decided to post here.

I just arrived Canada 2 days ago and my background is like this: I got my Record of Landing IMM 1000 in about 21 years ago (Year 1995) when I was 7 years old. After getting the IMM 1000, my family and I left Canada. I did not return Canada since then and I do not have a PR card. I read the forum and the Residency Obligation (RO) that in order for me to get my PR status back, I need to 1) be physically in Canada; 2) living in Canada for 730 days in a 5 years period; (Both of my parents are not Citizen nor PR)

Currently, I am physically in Canada as an international student for my PhD study. I entered Canada using an international student study permit, and I already paid the first tuition fee for my first term. My question is that if I can use my old Record of Landing IMM 1000 to apply for a change in immigration status so that I can pay my tuition fee as a PR? I read most university's guideline for a change in immigration status stated that a student can apply for a change in status by either having ONE of the following documents:

Record of Landing (IMM 1000)
Permanent Resident Card (PRC)
Confirmation of Permanent Residence (IMM 5292)

The only document I have above is the old Record of Landing (IMM 1000), and the paper did not have an expiry date stated. I also wonder if my IMM 1000 is still valid?

Another question is that if I can apply for a PR card now under the humanitarian and compassionate consideration since I left Canada with my parents at the age of 7?

If I stay in Canada for at least 730 days in every 5-year period, Can I get my PR status back with my day-old 21 years old Record of Landing? :

You should NOT have been issued a study permit if you are still a permanent resident. This implies one of two possibilities.
1. IRCC made a mistake. You need to determine if this is the case.
2. You have lost your PR status, meaning that the IMM 1000 is no longer relevant. This may have happened if your parents lost theirs while you were just a child.

 

[Bs65]

The chances of any uni or college accepting a document issued to a 7 year old who has never even held a PR card and 21 years ago as proof of current PR status I would think are extremely remote so the OP on that front at least may have to accept international fees. Even if able subsequently to prove PR doubtful any organisation will refund any difference in fees already paid.

Seem to recall some examples in the perm residency section of other cases where a child left Canada with parents and later on applied under H&C as they had no choice at the time. The difference though would be that they applied very near to the age of majority and not as 28 year olds given the question would be asked why wait so long so any case would need pretty good reasons other than just 'did not know'.

Without determining your current PR status planning to stay in Canada for 2 years unlikely to achieve anything given you imply have already been out for 21 years so even if you were still a PR which seems doubtful if a study permit has been issued, it is possible in my opinion and others can comment that PR would get revoked anyway the moment you apply for a PR card.

The missing the 730 days in a 5 year period and staying put in country for 2 years tends to apply to people who have missed residency by a few months not 21 years.

By all means the OP can try to apply for PR restoration under H&C but would expect the OP needs to prepare a pretty solid case why you did not apply sooner and possible the whole application may take some time to resolve. On the other hand the fact you have a study permit maybe the question has already been answered .

 

[zardoz]

It's a bit "outside the box" but it's possible that using the "Verification of Status" mechanism might be able to confirm your current situation without putting your current status at risk. http://www.cic.gc.ca/English/information/applications/certcopy.asp

 

[CAJ]

Thank you for all of the comments and advices.

For the "Verification of status" way, Do I also need something like a "letter of explanation" to explain why I came back later than 18? In fact, the only reason I can think of is that I did not have enough money to return to Canada after 18. And I have been working after finishing college at 22, worked for 2 years and then earned my Master's degree(which is research based , worked for a professor and graduate school and got paid) and then worked for some years before I apply for my PhD here.

To be honest and getting to the point, I just wonder if I can get a tuition fee as a PR using the IMM 1000 documents/VOS ?

I'm sorry if I make you feel that I want to gain advantage from your country but the situation for me is that the tuition fee is really expensive for international students. I just want to minimize my expense and cost of living here. and to make sure if any documents / things I have right now can do anything with this. If it is a solid NO, then I will just give up.

Thank you again!

 

[zardoz]

Thank you for all of the comments and advices.

For the "Verification of status" way, Do I also need something like a "letter of explanation" to explain why I came back later than 18? In fact, the only reason I can think of is that I did not have enough money to return to Canada after 18. And I have been working after finishing college at 22, worked for 2 years and then earned my Master's degree(which is research based , worked for a professor and graduate school and got paid) and then worked for some years before I apply for my PhD here.

To be honest and getting to the point, I just wonder if I can get a tuition fee as a PR using the IMM 1000 documents/VOS ?

I'm sorry if I make you feel that I want to gain advantage from your country but the situation for me is that the tuition fee is really expensive for international students. I just want to minimize my expense and cost of living here. and to make sure if any documents / things I have right now can do anything with this. If it is a solid NO, then I will just give up.

Thank you again!

For the VOS for historical records, such as the IMM 1000, I don't think that you have to justify anything. This is simply for you to see if they hold information about your possible PR status. The official way would probably be to apply for a PR Travel Document from your home country visa office for a formal determination of your status. However, you would by then have already committed yourself to the possibility of losing your PR status if you still have it.

 

[CAJ]

For the VOS for historical records, such as the IMM 1000, I don't think that you have to justify anything. This is simply for you to see if they hold information about your possible PR status. The official way would probably be to apply for a PR Travel Document from your home country visa office for a formal determination of your status. However, you would by then have already committed yourself to the possibility of losing your PR status if you still have it.

I have already tried to get the PR Travel Document in my home country but failed because I have not lived in canada for 730 days. I then return to Canada as an international student.

 

[zardoz]

I have already tried to get the PR Travel Document in my home country but failed because I have not lived in canada for 730 days. I then return to Canada as an international student.

What exactly happened when you "failed" to get the PRTD? What did the visa office say?

 

[Bs65]

What exactly happened when you "failed" to get the PRTD? What did the visa office say?

beginning to sound more than likely that PR for OP is a distant memory and at some point in the past either revoked or renounced given 1)issued a student visa which should not happen if PR whether failed RO or not given PR never expires just gets revoked or is renounced.2)a PRTD application has been rejected which the OP still needs to provide more details on .Shame the OP didnt mention this in the initial post as might have added to any feedback.

 

[CAJ]

Here is what the the Canadian Embassy replied to my when I tried to get a PR Travel Document.

"... I have determined that you have not complied with the requirements of the RO under section A28 of the Immigration and Refugee Protection Act.

You have not satisfied the requirements of A31(3)(a) or (b) for the issuance of a Travel Document. Consequently, I am unable to issue you the document for which you have applied that would enable you to return to Canada. Your application for a Travel Document to return to Canada has been refused. If there is a final determination that you have lost your permanent resident status, you may no longer be allowed to enter Canada persuant to A19(2) ...

"

I did not apply for an appeal since then, because I know that I do not have any more evidence to support my application

The letter is a 2-page long paper, I wanted to post the image of it here, but the forum did not allow me to post links.

 

[zardoz]

Here is what the the Canadian Embassy replied to my when I tried to get a PR Travel Document.

"... I have determined that you have not complied with the requirements of the RO under section A28 of the Immigration and Refugee Protection Act.

You have not satisfied the requirements of A31(3)(a) or (b) for the issuance of a Travel Document. Consequently, I am unable to issue you the document for which you have applied that would enable you to return to Canada. Your application for a Travel Document to return to Canada has been refused. If there is a final determination that you have lost your permanent resident status, you may no longer be allowed to enter Canada persuant to A19(2) ...

"

I did not apply for an appeal since then, because I know that I do not have any more evidence to support my application

The letter is a 2-page long paper, I wanted to post the image of it here, but the forum did not allow me to post links.

This explains why you were issued a study permit. You are almost certainly not a permanent resident any longer and therefore not entitled to the lower tuition fees anyway. Your IMM 1000 is now of historical interest only and will not represent your current status. There appears to be no point in seeking a Verification of Status. Staying in Canada for 2 years cannot now restore your revoked PR status.

 

[CAJ]

oh.. that means I should give it up haha
Thanks anyway

 

[Gregor.Samsa]

oh.. that means I should give it up haha
Thanks anyway

Well, if you're looking to stay in Canada longer you could appeal based on H&C, it's a long shot but could be possible (it will need time)

After graduation you could apply for PGWP and PR if you still interested on

 

[Daad]

Hi,

This is a difficult question I really don't know who to ask so I decided to post here.

I just arrived Canada 2 days ago and my background is like this: I got my Record of Landing IMM 1000 in about 21 years ago (Year 1995) when I was 7 years old. After getting the IMM 1000, my family and I left Canada. I did not return Canada since then and I do not have a PR card. I read the forum and the Residency Obligation (RO) that in order for me to get my PR status back, I need to 1) be physically in Canada; 2) living in Canada for 730 days in a 5 years period; (Both of my parents are not Citizen nor PR)

Currently, I am physically in Canada as an international student for my PhD study. I entered Canada using an international student study permit, and I already paid the first tuition fee for my first term. My question is that if I can use my old Record of Landing IMM 1000 to apply for a change in immigration status so that I can pay my tuition fee as a PR? I read most university's guideline for a change in immigration status stated that a student can apply for a change in status by either having ONE of the following documents:

Record of Landing (IMM 1000)
Permanent Resident Card (PRC)
Confirmation of Permanent Residence (IMM 5292)

The only document I have above is the old Record of Landing (IMM 1000), and the paper did not have an expiry date stated. I also wonder if my IMM 1000 is still valid?

Another question is that if I can apply for a PR card now under the humanitarian and compassionate consideration since I left Canada with my parents at the age of 7?

If I stay in Canada for at least 730 days in every 5-year period, Can I get my PR status back with my day-old 21 years old Record of Landing? :

Hello dear, can i know what recently happened with you regarding this issue. Because i have the same case and i dont know what is going to happen.