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Old Permanent residency

JasmineJid

Newbie
Jun 18, 2011
3
0
Hi, i had a canadian pr in 1997 and landed in canada in 1997, stayed here for about 2 months, got a sin card issued and then while i was settling here my mother got really sick in my home country so i had to go back and i could not come back within the time frame given to my at that time. Since then i assumed that my pr in canada is dissolved (i still have all my papers and never signed any surrender) so i moved to another queen country and became a citizen there, but now i have my only child migrated to canada under spouse category and i want to be with him and so does he. I can enter canada on my new passport under visa waiver. When i get to canada, can i renew my old pr? Am i still a canadian pr (still have all my documents and sin card)? Can i legally work there? How can i get a pr card? Please help. I am still under 60 and a well qualified individual who can add to canadian economy.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,947
Hi

JasmineJid said:
Hi, i had a canadian pr in 1997 and landed in canada in 1997, stayed here for about 2 months, got a sin card issued and then while i was settling here my mother got really sick in my home country so i had to go back and i could not come back within the time frame given to my at that time. Since then i assumed that my pr in canada is dissolved (i still have all my papers and never signed any surrender) so i moved to another queen country and became a citizen there, but now i have my only child migrated to canada under spouse category and i want to be with him and so does he. I can enter canada on my new passport under visa waiver. When i get to canada, can i renew my old pr? Am i still a canadian pr (still have all my documents and sin card)? Can i legally work there? How can i get a pr card? Please help. I am still under 60 and a well qualified individual who can add to canadian economy.
Sorry, your PR status is long gone.
 

Alabaman

Hero Member
Apr 24, 2009
608
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PMM said:
Hi

Sorry, your PR status is long gone.
I disagree with PMM. You can come back with your new passport and then renew your PR if you stay 730 days.

This is a quote from an article written by an immigration law expert:

"If a permanent resident fails to comply with the residency obligations of the Act, then it is possible to repair the breach of obligation by entering Canada and remaining until 730 days have accumulated"

See full article here http://www.demexicoacanada.ca/mactavish_nov2005.pdf

Also, read this article "Two Classes of Permanent Residents" by David Cohen (owner of this webforum): http://www.canadavisa.com/canada-immigration-blog/2009/11/two-classes-of-permanent-residents.html
 

Leon

VIP Member
Jun 13, 2008
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If you manage to get back without any question being raised about your PR status, you would be able to stay for 2 years and then apply for a PR card, see
http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf said:
Even if a person had resided away from Canada for many years, but returned to Canada and resided there for a minimum of 730 days during the last five years, that person would comply with the residency obligation and remain a permanent resident. An officer is not permitted to consider just any five-year period in the applicant’s past, but must always assess the most recent five-year period preceding the receipt of the application.
However, coming to Canada on a new passport and letting yourself be processed as a tourist when you are really a PR is misrepresentation and misrepresenting yourself is not very popular with immigration and can also cause loss of status in itself.

On the other hand, if you arrive in Canada stating that you were a PR who hasn't lived in Canada since 1997 is an invitation for them to start proceedings to revoke your PR and if they do, you will not have the chance to live in Canada for 2 years to re-claim your PR status.

Another problem is that even if you get into Canada without any questions, as a PR without a PR card, you may face some challenges when it comes to proving your status, getting a health card, a drivers license etc.