applied for PR Card and left in 2003 after 960days, How can i return from India?

[Raj.anand]

Hi Guys,

After living for 2yrs and 9months, i left Canada after applying for my PR card waited for 5 months prior to my exit. Moved to India and am now married with a 5yr old, never checked back on the status of my card. During this tenure i contributed a good sum to the govt pension fund through my employer. How can i claim my pension while in India. Further how can i return with family if i choose too without losing the pension benefits.

Thanks in advance,

Raj

 

[scylla]

Re: applied for PR Card and left in 2003 after 300days, How can i return from India?

You can find out more about receiving Canadian pension payments overseas here:

http://www.servicecanada.gc.ca/eng/subjects/travel/abroad.shtml

Your PR status is effectively gone since you have failed to meet the residency requirement of living in Canada for 2 out of every 5 years. To return to Canada, you would have to apply for a travel document. However the TD will certainly be refused given how long you have been outside of Canada and the fact you have no humanitarian or compassionate reasons to justify your absence.

If you wish to return to Canada to live here, you would have to apply for PR again from scratch.

 

[Raj.anand]

Re: applied for PR Card and left in 2003 after 300days, How can i return from India?

Hello,

Thanks for the reply and asistance. Sorry there is an error in the number of days it is not 300, i spent close to 960days approx 2years and 8 months from Dec 2000 to Aug 2003. During this period i had applied for PR card in april 2003 but had to resend the same twice for some errors and it didnt come through before i left. Considering the revised duration above am i now eligible to return, if so what is the procedure and approx processing time? how can i bring my family along?

Thanks again,

Raj

 

[Msafiri]

Re: applied for PR Card and left in 2003 after 300days, How can i return from India?

Hello,

Thanks for the reply and asistance. Sorry there is an error in the number of days it is not 300, i spent close to 960days approx 2years and 8 months from Dec 2000 to Aug 2003. During this period i had applied for PR card in april 2003 but had to resend the same twice for some errors and it didnt come through before i left. Considering the revised duration above am i now eligible to return, if so what is the procedure and approx processing time? how can i bring my family along?

Thanks again,

Raj

1. To keep your PR status you must meet the Residence Obligation which is 730 days of physical presence in Canada for each 5 year rolling period counted on a daily basis i.e. today October 1st, 2013 your RO period would be 5 years back to October 1st, 2008.

2. You don't meet the RO. CIC do not know this yet but when you interact with them they will be aware of your breach and they will report you. This is the start of formal proceedings to revoke your PR.

3. How will CIC know? When you apply for a Travel Document to return to Canada the visa post will review your RO. Your country of citizenship requires a visitor visa for Canada so you must apply for a TD to return to Canada. You can present Humanitarian & Compassionate reasons in your TD application since you fail the RO - such reasons as per case law include looking after a terminally ill relative or you being ill. Absences for marriage or other lifestyle reasons are not considered at all. This means your TD will be rejected and you will get a right of appeal but this is just a procedural thing in your case. You will lose the appeal and at this time your PR status will be cancelled - you will be inadmissible as a PR.

4. Your only hope is to get a US visa and cross via a land border as this does not require you to apply for a TD. The border immigration agent (CBSA) may against all odds admit you into Canada without reporting you but your absence is so significant I can't see how they can let this slide. If they don't report you count yourself the luckiest PR ever on this forum. You must stay in Canada for 2 years straight without leaving to get your PR status back in good standing after which you can apply for a PR Card.

5. You can't sponsor your family during the 2 years as it will again bring your RO breach to the attention of CIC.

6. Most people in your situation find they can't handle the inevitable stress with this TD application, possible rejection, appeal, court hearings while trying to get into Canada then live without your family so they relinquish PR and apply fresh. Check CIC website for current immigration streams - you may qualify. You have to submit fees and pass all medicals, security, criminal checks etc again.

7. Did you ever apply for a Returning Resident Permit given that you landed under the previous Immigration Act? This may soften the absence periods but only at a minimum.

8. In hindsight you should have hang on for 4 months and applied for Citizenship.

Good luck you will need it!

 

[scylla]

Re: applied for PR Card and left in 2003 after 300days, How can i return from India?

Hello,

Thanks for the reply and asistance. Sorry there is an error in the number of days it is not 300, i spent close to 960days approx 2years and 8 months from Dec 2000 to Aug 2003. During this period i had applied for PR card in april 2003 but had to resend the same twice for some errors and it didnt come through before i left. Considering the revised duration above am i now eligible to return, if so what is the procedure and approx processing time? how can i bring my family along?

Thanks again,

Raj

No - this doesn't change anything.