Confused! Expired PR card, Canadian Son, New marital status, Common law parter

[noraanita]

Need advise urgently,

To summarize the situation, I landed in January 2004 from UAE and my son was born in April 2004, so he has his Canadian passport. We had to return to UAE as my ex-husband was unsuccessful to get a job in Canada (he is a advertising professional) and accepted a lucrative offer in UAE in 2005.

My daughter was born in 2006 in Dubai and she has a Indian passport. Our (my ex-husband and mine) PR card's have expired in June 2008. I have been separated from my ex-husband since 2007 and our divorce is in process.

As my son is a Canadian citizen, it is our decision to continue his education in Canada alongwith my daughter's. But as our PR cards had no longer valid, I have the slightest clue on the way forward.

I have also to process my daughter's papers for immigration as she was born in Dubai. At the same time, I have a common law partner (a divorcee) who has two daughters.

I have tried to contact the Canadian office here in the UAE to issue a travel document but they are asking for proof that i have resided in Canada for which I am little concerned as i do not have any proof with me here in Dubai.

My query is if I should apply as a new migrant with my new family status or if there is a possibility for me to renew my PR card and apply for my daughter, step-daughters and common in law's partners PR.

Please advise way forward!

[rjessome]

No, your PR is gone.  You now would have to start the PR process over.

[noraanita]

 @ rjessome - but due to change in circumstances, wouldnt I be able to apply for a travel document on H&C grounds and provide eveidence that i have stayed in the country close to around 300 days and also had a job.

[Leon]

For your PR residency requirements, the embassy will look at if you meet the residency requirements in the last 5 years so if you were to apply today, between June 28 2006 and June 28 2011.  During this time, it doesn't sound like you have resided in Canada at all.

As for Humane and Compassionate reasons, it would be considered one if you had to stay in homeland to take care of a dying relative or something like that but husband accepting a lucrative job offer would not be considered valid grounds.

You and your new partner should look into options to immigrate to Canada if you are interested.  Your Canadian son will of course not have to immigrate but his citizenship does not give you any special rights to live in Canada with him.