travel document after expiry of PR

[jiguashu]

Hi,
I was the landed immigrant with wife in 2005 in canada.we got baby boy in June,2005 and we return back to India in August,2005 due to my father's critical illness.after that we never return back to canada. Now, father's health is ok.Now, we would like to retun back to canada.

If i will apply travel document for return back to canada, pls reply my following quedtions:

1. Based on humanitarian ground & best insterest of child (as my son is canadian), do they approve my travel document application?
2. If yes, is it necessary that Both ( I & wife) have to land there with child?
3. After geeting travel documents, what formalities i have to complete after landing in canada?
4. Do i will get New PR card within 30 days or does it take more time?
5. Once they approve my travel document, does that mean that I will sure(100%) get my PR card back?
6. On travel document, if i will fly alone,land there and apply there for new PR card and then return back till getting new PR.. is it OK?

THE SECOND OPTION:
If i will apply to relinquish my PR, what kind of application form i have to use for that? I heard that when u relinquish ur PR, consulate have an option to issue 5 yrs multiple entry visit visa... is it true? or i have to apply seperately for visit visa after relinquishment process?

I hope u guide me properly.

Regards

[newtone]

You have not satisfied requirements of a PR and therefore you'll have to apply again. They will not consider the H&R clause just cause your child is Canadian.

[Susa]

You have not satisfied requirements of a PR and therefore you'll have to apply again. They will not consider the H&R clause just cause your child is Canadian.

Hello Leon,

I am looking to reenter Canada and want to know what are the options.

My PRC expired recently and I am out of Canada. During last 5 years I stayed in Canada for over 6months. I went every year to try to get a job but did not suscced. Now after expiry of the PRC I got very good job offer. My family recently moved to Canada and my son is in school. Their PRC is also expired but they would continue to stay there. We have house there since last three years and genuinely want to settle there.

Could you please advise what options I have to return to Canada and live there by accepting the job offer.

If I apply for trevel document I am afraid they might reject. Is this option available.

Someone advised to enter by road through US border. Is it possible.

I would highly appreciate your guidance and help.

Regards, Susa

[Leon]

Your problem now is that your PR card is expired.  If you are visa exempt to Canada, you may be able to get in on your passport without discussing your PR status.  This is especially true if you have renewed your passport since you got your PR.  However, this might be considered as misrepresentation.  If you show the expired PR card, you will certainly face questions about why you didn't renew it and how long you have stayed in Canada in the past 5 years.

If you are not visa exempt, you will likely need a valid PR card or travel document to even be allowed to board the plane.  If you fly to the US and travel by land to Canada, you could try that but still, see above.

If you apply for a travel document, you will probably be denied and as an afterthought to that, you will lose your PR status beause you don't meet the requirements.  If your employer applies for an LMO for the job for you and gets it, then you can apply for a work permit but they will decide then if you are a risk to overstay based on having many family members in Canada etc.  You are not guaranteed to get it.

If your spouse is in Canada and is a PR, they can sponsor you to get your PR back or if it is other family, they may be able to sponsor you if they live in SK or MB.

[Susa]

Thanks you very much Leon.

I am not from visa exempt country (India) and currently in middle east. So apparently, I have only one option to try the land route via US. If I face the question about the PRC expiry do you think they will not allow me to enter.  Because if I decide to go I need to resign from the present job and if they do not allow me to enter, I will not be able to join the new employer. What is the likelyhood of denying entry?

Another thought, my father in India has been on medication since last 4-5 years (hypertention) and I am the only son (I have sisters). Also my son is studying in Canada, and I need to return back to him. Not sure if I can use any or both of these as a HC ground to get the Travel doc.

If they accept and provide Travel doc, will I get the new PRC. If they reject what is the risk to me and my family. Will this have any adverse impact on my family in Canada considering that their PR also expired. Can they cancel PR of my family?

If nothing works, how can I visit my family in Canada? If I chose to cancel my PR will they issue me the visit visa.

If I were to approach Canadian Consulate office, Should I go to Delhi or Abu Dhabi. If both are fine which one is better?

Would appreciate your help.

Regards,

[Leon]

I am not from visa exempt country (India) and currently in middle east. So apparently, I have only one option to try the land route via US. If I face the question about the PRC expiry do you think they will not allow me to enter.  Because if I decide to go I need to resign from the present job and if they do not allow me to enter, I will not be able to join the new employer. What is the likelyhood of denying entry?

They are not allowed to deny you entry if you are a PR but if they verify that you have lost your PR due to not meeting the residency requirements, they are allowed to report you which starts the process to revoke your PR status and you will be let into Canada and will be able to appeal this.  I have no idea how long such an appeal takes but you would bring up your fathers illness and your family (son) being in Canada.  From what I have heard about entering at the border with an iffy PR status or expired PR card, people are often given an earful but surprisingly it doesn't seem to happen that much that they actually get reported.

Another thought, my father in India has been on medication since last 4-5 years (hypertention) and I am the only son (I have sisters). Also my son is studying in Canada, and I need to return back to him. Not sure if I can use any or both of these as a HC ground to get the Travel doc.

You can try every angle.  Taking care of a sick father might be an acceptable reason if you show proof of his illness.

If they accept and provide Travel doc, will I get the new PRC. If they reject what is the risk to me and my family. Will this have any adverse impact on my family in Canada considering that their PR also expired. Can they cancel PR of my family?

I assume if they give you the TD to go back, they will already have decided that you are worthy and you will probably get your PR card renewed because of that.  However, be careful about leaving again because if you get the PR card, leave again, lose it and end up in the situation of having to apply for a TD again from outside Canada, they might not give you one again if you still don't meet the residency requirements.  I think it is very unlikely that they will start looking at the PR status of your family just because they are looking at yours.  They usually only check if you meet the residency requirements when you apply to renew your PR card, apply for a TD or if they catch you as you enter Canada.

If nothing works, how can I visit my family in Canada? If I chose to cancel my PR will they issue me the visit visa.

If I were to approach Canadian Consulate office, Should I go to Delhi or Abu Dhabi. If both are fine which one is better?

If you cancel your PR, you can apply for a visit visa and they can decide whether to approve or deny like with any other visa applicant.  They might see your family being in Canada as a possible reason you might be a risk to overstay.  I do not know if Delhi is better than Abu Dhabi.

[Susa]

Thank you Leon. I am able see some light at the end of tunnel.

This means I have three options. Option 1 – By road through US border,  Option 2 – TD, Option 3 – Visit visa. I am still struggling to figure out what is the better option.

Option 1: By road through US border

I left Canada last in May 2011. Thereafter I have been travelling in Middle East and in India (2-3 times). I will now apply for a US visa. When I enter US, I believe there will be additional US entry stamp.  Considering that I have been out for quite a while,  will this create any additional problem? What is the acceptable reason if they ask? Will they ask why I did not apply for TD. I just want to be prepared.

To travel to Canada, should I take bus (greyhound), rent a car or a private car US registered / Canadian registered (I do not have one, may need to request some friend). What is best to minimize problems at US/Canadian Customs.

Option 2: TD

For the better probability of acceptance, if I inflate the days in Canada to just over 2 years. What is the risk?
If they reject TD, what action they will take.

 Can I then bring in and request  to (1) consider HC ground (2) voluntary to cancel the PR.

Option 3: Visit Visa

   I will take this as a last resort.

Out of the above, what would you suggest as a best option?

Would appreciate your guidance on the above.

Thank you for your precious guidance.

Best regards.

[Leon]

By road through US border:

If you go by commercial carrier like Greyhound, they will probably expect you to have a valid PR card, travel document etc.  You should get a Canadian registered rental car if possible, that is the way to enter that will cause you the least amount of problems.  If you are asked why you did not get a TD, you can say that you had simply not noticed that your PR card was expired.  It could be true.

Applying for a TD:

Inflating days means lying to immigration about spending time in Canada when you actually weren't in Canada.  If they can prove this and keep in mind that they work with the US border and may have some information about your travels that you don't know they have, that would be misrepresentation.  Misrepresentation can cost you your PR and even a ban from Canada for 2 years.


In your shoes, I would try the entry by road.  When you state your case to an immigration officer, even if you are frank and tell them you don't exactly meet the residency requirements but want to join your family, they may still let you through without reporting you.  You don't have that chance with a TD.

[Susa]

Thank you very much Leon. This gives me a great relief.

I will immediately initiate a process for US visa to work on option 1. Also I will explore the availability of Canadian Registered Rent a car. I hope this will not be difficult.

If for any reasons the above option 1 doesn't work. I will be left with option 2 of TD. In this case clearly I will not inflate the days but show actual days. With this, will there be a possibility to get TD if I tell that I was trying to get job so far but failed. Now I have the job offer and I would like to take it to join my family (son currently in school) in Canada. Is there a better way present the case.

 If they still reject TD, what action I should expect against me?  Can I then request to voluntarily cancel the PR?

I am sorry to bother you again. But I am sure you understand my situation and provide your valuable guidance.

Thank you very much once again.

Best regards,

[Leon]

Thank you very much Leon. This gives me a great relief.

I will immediately initiate a process for US visa to work on option 1. Also I will explore the availability of Canadian Registered Rent a car. I hope this will not be difficult.

If for any reasons the above option 1 doesn't work. I will be left with option 2 of TD. In this case clearly I will not inflate the days but show actual days. With this, will there be a possibility to get TD if I tell that I was trying to get job so far but failed. Now I have the job offer and I would like to take it to join my family (son currently in school) in Canada. Is there a better way present the case.

 If they still reject TD, what action I should expect against me?  Can I then request to voluntarily cancel the PR?

I believe it is not a problem renting a car with Canadian plates in cities close to the border.

If you apply for a TD, you should emphasize that you had to stay outside Canada because of your fathers illness and now your family is in Canada and you want to join them.  If you fail to get it, they will revoke your PR but with no misrepresentation, no ban and no hard feelings.  If your spouse is in Canada, your spouse can sponsor you for PR again.  However, it would be advisable to wait until your spouse meets the residency requirements again and has a PR in good standing.

[Susa]

Thank you very much Leon.

It has been extremely helpful. I have now clarity on actions I need to take. In process, if I have any questions, I will come back to you. I hope you will bear with me.

Thanks a lot once again.

Best regards,