HELP.. Return to Canada (Leon, I need your advise please )

[timk]

Hi Everyone:
   I need some advise for my friend base on the follow situation. My uncle entered Canada as PR on July 1997,(land paper on his passport)  He had to leave Canada in Jan 2000, because his mom is diagnose with some kind of bone disease. She pass away on 2009. My uncle has no PR card. So here is the question, if he wants to return to Canada, is it possible for him to enter Canada with another country passport.and apply for the PR card after. will CIC find out he's been out of the country for 12 years in that case? or is it better off to apply for the Humanitarian and Compassionate Considerations. please advise.
PS: He still has a house in Canada.

[Leon]

According to the rules, if he lived in Canada for 2 years (730 days) which he can prove and then applies to renew his PR card, they can only look at the past 5 years previous to his application and if he has 2 years in Canada in that period, they must renew.  However, he might be in trouble for sneaking in on a different country passport and not saying as he arrived that he is a PR.  He might also have problems without a PR card for those two years.  I suppose he still has a SIN.  He can probably apply for his health care using his landing papers but to get a drivers license, sometimes they want to see a valid PR card.

His mothers illness would explain his absence from Canada until she died but not after that.  If he tries applying for a travel document to go to Canada, they will decide then if they give it to him or not so if he tries that and they refuse, he will officially lose his PR status and then he would not have the option of sneaking in.  Maybe he should discuss this with an immigration lawyer but in the end, he will have to make up his mind which method he will try for.

[timk]

my uncle still has the SIN, also he has healthcare card too.he had a driver license in Canada too but it's expired. So can you explain what he need to do by step?  Thank you for your advise.

[Leon]

my uncle still has the SIN, also he has healthcare card too.he had a driver license in Canada too but it's expired. So can you explain what he need to do by step?  Thank you for your advise.

Surely his health care card is no longer valid after years abroad.  Most provinces allow you to be outside the province for up to 6 months before they cancel your coverage.

He can go apply for a drivers license, show his landing papers and say that his PR card is under renewal.  See what they say.  If they say he must have a PR card to renew, he will just have to take the bus.

[timk]

Hi Leon, thing is, right now he is outside of Canada.

[Leon]

Hi Leon, thing is, right now he is outside of Canada.

Right, refer to my previous answer.

[timk]

Hi Leon:
   So what you are saying is, My uncle first need to try and apply for the PR card when he is outside of Canada. if they issue him the PR card, he can just come to Canada with the PR card. if the refuse to issue him the PR card, he will need to sneak in with different passport.. I am a little bit confused . Sorry . can you classify
PS: HE never own a PR card.

[Leon]

Hi Leon:
   So what you are saying is, My uncle first need to try and apply for the PR card when he is outside of Canada. if they issue him the PR card, he can just come to Canada with the PR card. if the refuse to issue him the PR card, he will need to sneak in with different passport.. I am a little bit confused . Sorry . can you classify
PS: HE never own a PR card.

Read my answer again at http://www.canadavisa.com/canada-immigration-discussion-board/help-return-to-canada-leon-i-need-your-advise-please-t95150.0.html;msg1254691#msg1254691  The first part refers to if he tries to sneak in with a passport and the 2nd if he wants to apply from where he is.

It is not possible to apply for a PR card from outside Canada, he would have to apply for a travel document

If he is refused a travel document, they will revoke his PR and if they do, it will not do him any good to try to sneak in with a different passport because his PR will be gone.

At the moment, he is still a PR because immigration does not at this point realize that he has lost his PR status because of the residency requirements.  They have never officially revoked his PR status.  Therefore, if he sneaks into Canada, he is still a PR and if he stays for 2 years, he would be able to apply for a PR card as he will meet the residency requirements again.

Therefore, he has to make up his mind, sneak in or try for travel document.  He can also talk to a lawyer.  Might be a good idea.

[timk]

Thank you