I am a permanent resident of Canada before but needed to leave Canada because of my PWD sister

[honeygarcia]

Hello everyone!

I used to be a permanent resident in Canada and got my PR card and status last July 2006. Because I wasn't emotionally ready then, I was not able to complete the required residency. Then I got married in 2010, and on 2011, my husband and me went to Canada for a short visit. However, upon arrival, I was told by the Immigration Officer that I needed to stay for 2 consecutive years in Canada in order for me to keep my PR status. Hence, my husband and me decided to stay to complete that residency requirement. In the course of our stay in 2011, I got pregnant and unfortunately I had a miscarriage which almost took my life and depressed me.

In the course of our stay, we realized that we left my special child sister (a down syndrome) in our home country, and while me and my husband wanted to stay, realizing that my special child sister is left is bothered me and my husband. We were both torn between staying and abandoning our sister, but my husband said we better go back to our home country. So I wrote the office of the Immigration Head, Jason Kenney to tell that in as much as we wanted to stay in Canada to complete my residency requirements, we requested through email that we would leave Canada to go home to see our special child sister and promised to be back. Here is the exact content of my email:

The Honourable Jason Kenney, P.C., M.P.
Citizenship and Immigration Canada
Ottawa, Ontario
K1A 1L1
Dear Minister Kenny:
Sir, I would like to seek your help regarding my permanent residence status here in Canada. I am a landed immigrant since July 2006, but since I am the only bread winner in the family and I have a special child sister under my care.
After coming back in and out of Canada, because of the nature of my job, in my last arrival last July 26, 2011, I was told by the immigration officer that I could not leave for two years Canada otherwise I will lose my permanent residence status in Canada.
Immediately, me and my husband who is a temporary resident here decided to stay here as told by the immigration officer. I got pregnant here on our supposed first baby, unfortunately, we loss our baby through miscarriage. In spite of that tragic and traumatic experience being a newly wed person, we continue to stay here in Canada unprepared because we want to respect the law of Canada.
Now, more than six (6) months passed away and I am really desperate to seek your kind consideration on my case.
First off, I left a special child sister (mentally challenged) who is left alone with our household help. Just to let you know, people like them have very short life span and I would forever be guilty if I will remiss my obligation with her which me and my husband agreed on, taking care of her under our tutelage. Second, I would like you to know that me and my husband agreed to live here in Canada and start a family life here, which we believe a very safe haven for our children. Last but not that least, is my plan to go back to Philippines because when we went here, it was intended for a short vacation with my husband and to show him around Canada which we have planned to be our future home, but because of what the immigration officer said that I could not leave Canada for two years, I am compelled to follow his advice.

To be honest, my husband and me love Canada. But given the circumstance of our stay here, we were not prepared to live here for two straight years because of my sister's situation. It breaks my heart to hear her say every time I call her "when will we come back". If there was only ample time to prepare for this, we would really prefer to live here forever and start a family life. Needless to say, we even bought a brand new car so that we can move conveniently whenever I get a job.

Sir, having said this. May I beseech your kind heart and ask for your assistance if I can still have my permanent status retained even if I plan to go home for the time being to attend to my sister and make necessary tasks that would give me peace of mind while I am away from her. I am planning to come back here in Canada in the soonest possible time but I am afraid that I might not be accepted in here anymore.
I am in quandary right now, whether to stay here in Canada and just forget my sister. While I understand the ruLe you have set on immigration, I still believe and hopeful for your humane and just consideration on my case.

Thank you so much and looking forward to your reply.

More power and GOD bless you always.
Very respectfully yours,

Unfortunately, last year I also had a miscarriage. Now, my husband and me accepted the fact that we cannot have a baby yet and we will just adopt my Sister since she has been with us even before we got married.

Below are the summary of facts on my case:

1) Since we "abandoned" my permanent resident status, and was asked to fill up a form renouncing my PR in order for me to visit Canada, I had no choice but to sign even deep in my heart we wanted to go back in Canada and pursue our Residence Status. (My husband is not a PR yet. We were trying to apply for his PR back then.)

2) We still have a bank account with substantial amount of money and a driver's license valid till 2019.

3) Since we are decided to live in Canada together with my PWD Sister, I want to appeal for my case using the email. What is my chance to be given humanitarian and compassion consideration and restore back my PR status.

4) My husband, me and my sister would not be financially burden to the government.

What shall we do now that we are emotionally and financially ready to start a new life in Canada.

I would appreciate help and feedback. Thank you so much for your empathy and valuable input on my unique case.

Best regards,

Honey

 

[Bs65]

You have my sympathy for all the troubles you have been through but sorry to say that in signing the documentation to renounce your PR status there is no going back and you would need to reapply for PR again from the beginning.

In hindsight without reading all through your post rather than renouncing your PR maybe at the time you should have waited to see if immigration initiated the revoke process given sometimes they do sometimes they do not despite what they might say at the border. If they had you could maybe have appealed on H&C grounds at the time. but having now renounced yourself that is not an avenue open to you, to appeal anything given you voluntarily gave up your PR status.

Others can comment as well but above is my personal view.

 

[scylla]

I'm sorry for your situation.

Unfortunately there is no point asking if your PR status can be given back to you - don't even bother trying - there's zero chance of success. Restoring is not possible since you officially renounced your status. If you want to return to Canada, you need to focus on applying for PR again from the start through one of the economic streams like Express Entry. I also agree with the above comment that you shouldn't have written the letter to the minister or renounced your PR status. You may have been able to keep it if you had simply left Canada and then applied to return through a PR Travel Document under H&C. Unfortunately it's too late for that and because you officially renounced PR, you have no choice but to apply again for PR from the start.

How old is your sister? Are both of your parents deceased? Depending on the answers to these questions, it may or may not be possible to adopt her and include your sister in the PR application and bring her with you to Canada once you have PR.

 

[honeygarcia]

You have my sympathy for all the troubles you have been through but sorry to say that in signing the documentation to renounce your PR status there is no going back and you would need to reapply for PR again from the beginning.

In hindsight without reading all through your post rather than renouncing your PR maybe at the time you should have waited to see if immigration initiated the revoke process given sometimes they do sometimes they do not despite what they might say at the border. If they had you could maybe have appealed on H&C grounds at the time. but having now renounced yourself that is not an avenue open to you, to appeal anything given you voluntarily gave up your PR status.

Others can comment as well but above is my personal view.

Thank you so much for the enlightening reply.

Let me share the said email to Minister Kenney:

The Honourable Jason Kenney, P.C., M.P.
Citizenship and Immigration Canada
Ottawa, Ontario
K1A 1L1
Dear Minister Kenny:
Sir, I would like to seek your help regarding my permanent residence status here in Canada. I am a landed immigrant since July 2006, but since I am the only bread winner in the family and I have a special child sister under my care.
After coming back in and out of Canada, because of the nature of my job, in my last arrival last July 26, 2011, I was told by the immigration officer that I could not leave for two years Canada otherwise I will lose my permanent residence status in Canada.
Immediately, me and my husband who is a temporary resident here decided to stay here as told by the immigration officer. I got pregnant here on our supposed first baby, unfortunately, we loss our baby through miscarriage. In spite of that tragic and traumatic experience being a newly wed person, we continue to stay here in Canada unprepared because we want to respect the law of Canada.
Now, more than six (6) months passed away and I am really desperate to seek your kind consideration on my case.
First off, I left a special child sister (mentally challenged) who is left alone with our household help. Just to let you know, people like them have very short life span and I would forever be guilty if I will remiss my obligation with her which me and my husband agreed on, taking care of her under our tutelage. Second, I would like you to know that me and my husband agreed to live here in Canada and start a family life here, which we believe a very safe haven for our children. Last but not that least, is my plan to go back to Philippines because when we went here, it was intended for a short vacation with my husband and to show him around Canada which we have planned to be our future home, but because of what theimmigration officer said that I could not leave Canada for two years, I am compelled to follow his advice.
To be honest, my husband and me love Canada. But given the circumstance of our stay here, we were not prepared to live here for two straight years because of my sister's situation. It breaks my heart to hear her say every time I call her "when will we come back". If there was only ample time to prepare for this, we would really prefer to live here forever and start a family life. Needless to say, we even bought a brand new car so that we can move conveniently whenever I get a job.
Sir, having said this. May I beseech your kind heart and ask for your assistance if I can still have my permanent status retained even if I plan to go home for the time being to attend to my sister and make necessary tasks that would give me peace of mind while I am away from her. I am planning to come back here in Canada in the soonest possible time but I am afraid that I might not be accepted in here anymore.
I am in quandary right now, whether to stay here in Canada and just forget my sister. While I understand the ruLe you have set on immigration, I still believe and hopeful for your humane and just consideration on my case.
Thank you so much and looking forward to your reply.
More power and GOD bless you always.
Very respectfully yours,

 

[honeygarcia]

I'm sorry for your situation.

Unfortunately there is no point asking if your PR status can be given back to you - don't even bother trying - there's zero chance of success. Restoring is not possible since you officially renounced your status. If you want to return to Canada, you need to focus on applying for PR again from the start through one of the economic streams like Express Entry. I also agree with the above comment that you shouldn't have written the letter to the minister or renounced your PR status. You may have been able to keep it if you had simply left Canada and then applied to return through a PR Travel Document under H&C. Unfortunately it's too late for that and because you officially renounced PR, you have no choice but to apply again for PR from the start.

How old is your sister? Are both of your parents deceased? Depending on the answers to these questions, it may or may not be possible to adopt her and include your sister in the PR application and bring her with you to Canada once you have PR.

Thank you so much for your sympathy and shared view. Actually I didn't write to renounce but to explain my situation on why I had to leave. I am an orphan and my sister is already turning 40 years old this coming November.

For your reference, Scylla here is the letter I sent. I am planning to ask the help of an lawyer immigration lawyer as a last ditch effort, but in my mind the nagging question is, it's worth the effort? How much will I be paying just in case I hire the service of an Immigration Lawyer. Thank you so much and God bless!

 

[honeygarcia]

Thank you so much for your sympathy and shared view. Actually I didn't write to renounce but to explain my situation on why I had to leave. I am an orphan and my sister is already turning 40 years old this coming November.

For your reference, Scylla here is the letter I sent. I am planning to ask the help of an lawyer immigration lawyer as a last ditch effort, but in my mind the nagging question is, it's worth the effort? How much will I be paying just in case I hire the service of an Immigration Lawyer. Thank you so much and God bless!

Sorry, here's the letter:

The Honourable Jason Kenney, P.C., M.P.
Citizenship and Immigration Canada
Ottawa, Ontario
K1A 1L1
Dear Minister Kenny:
Sir, I would like to seek your help regarding my permanent residence status here in Canada. I am a landed immigrant since July 2006, but since I am the only bread winner in the family and I have a special child sister under my care.
After coming back in and out of Canada, because of the nature of my job, in my last arrival last July 26, 2011, I was told by the immigration officer that I could not leave for two years Canada otherwise I will lose my permanent residence status in Canada.
Immediately, me and my husband who is a temporary resident here decided to stay here as told by the immigration officer. I got pregnant here on our supposed first baby, unfortunately, we loss our baby through miscarriage. In spite of that tragic and traumatic experience being a newly wed person, we continue to stay here in Canada unprepared because we want to respect the law of Canada.
Now, more than six (6) months passed away and I am really desperate to seek your kind consideration on my case.
First off, I left a special child sister (mentally challenged) who is left alone with our household help. Just to let you know, people like them have very short life span and I would forever be guilty if I will remiss my obligation with her which me and my husband agreed on, taking care of her under our tutelage. Second, I would like you to know that me and my husband agreed to live here in Canada and start a family life here, which we believe a very safe haven for our children. Last but not that least, is my plan to go back to Philippines because when we went here, it was intended for a short vacation with my husband and to show him around Canada which we have planned to be our future home, but because of what theimmigration officer said that I could not leave Canada for two years, I am compelled to follow his advice.
To be honest, my husband and me love Canada. But given the circumstance of our stay here, we were not prepared to live here for two straight years because of my sister's situation. It breaks my heart to hear her say every time I call her "when will we come back". If there was only ample time to prepare for this, we would really prefer to live here forever and start a family life. Needless to say, we even bought a brand new car so that we can move conveniently whenever I get a job.
Sir, having said this. May I beseech your kind heart and ask for your assistance if I can still have my permanent status retained even if I plan to go home for the time being to attend to my sister and make necessary tasks that would give me peace of mind while I am away from her. I am planning to come back here in Canada in the soonest possible time but I am afraid that I might not be accepted in here anymore.
I am in quandary right now, whether to stay here in Canada and just forget my sister. While I understand the ruLe you have set on immigration, I still believe and hopeful for your humane and just consideration on my case.
Thank you so much and looking forward to your reply.
More power and GOD bless you always.
Very respectfully yours,

 

[scylla]

Unfortunately you cannot adopt your sister based on her age or sponsor her to Canada. So something you need to consider if you decide to move to Canada is how your sister will be taken care of in your home country.

No - it's not worth the effort to hire a lawyer and try to regain your PR status. Once you renounce PR - it's gone - you can't get it back. You need to reapply from scratch through a program like Express Entry.

 

[honeygarcia]

Unfortunately you cannot adopt your sister based on her age or sponsor her to Canada. So something you need to consider if you decide to move to Canada is how your sister will be taken care of in your home country.

No - it's not worth the effort to hire a lawyer and try to regain your PR status. Once you renounce PR - it's gone - you can't get it back. You need to reapply from scratch through a program like Express Entry.

Thanks a lot for the very straightforward and sympathetic reply. I wanna know what's express entry means? I am in Canada now. GOD bless

 

[scylla]

Thanks a lot for the very straightforward and sympathetic reply. I wanna know what's express entry means? I am in Canada now. GOD bless

Express Entry is an economic immigration program. It's a way of applying for permanent residency. Details here: http://www.cic.gc.ca/english/express-entry/

But again, you're not going to be able to include your sister in your application or sponsor her later. So you need to consider how your sister will be taken care of in your home country without you there.

 

[Buletruck]

I am in Canada now.

Out of curiosity, how did you enter Canada?

 

[Rob_TO]

Out of curiosity, how did you enter Canada?

Renounced PR status and entered with a TRV.

And to add to above, once you renounce PR status it is completely gone. There is absolutely zero possibility to get that status back. Would need to qualify for a current immigration program and go through the whole process from scratch again to apply for PR.

 

[honeygarcia]

Out of curiosity, how did you enter Canada?

I applied as skilled worker and landed in Vancouver.