Appreciate for valuable advice please

[mrswong603]

I would appreciate any valuable advice please.

In brief, I landed in 1997 with my parents in Toronto. I stayed for a while. I applied the health insurance card and SIN successfully. I then returned to Asia to continue my university study. I did not apply for the PR card which was introduced subsequently in early 2000s, because I stayed in Asia for work and then got married. So far I had returned to Toronto in 2000, 2005 and 2014 without any big challenge. In 2000 and 2014 trip, actually no problem at all.

Just that in 2005, the toronto immigration questioned where I was currently living, and then informed me to send an "abandon of PR status" to Embassy of my hometown if I would not stay in Canada anymore. Of course I did not do so.

Now my question is:

1. From what I describle above, whether I am still a PR? I never possess a PR card, but just a piece of landing paper issued in 1997.
2. If I have no problem in returning to Canada and would stay there for two years from now, is it positive that I can apply for a PR card?
3. What can I do with my husband and kids? They have no status in Canada.
4. I assume my SIN is still valid, is it correct?
5. I have depression issues and need to take care of ill grandparents in my hometown. Are these strong compassionate grounds for immigration to consider my case of not fulfilling residency requirements?

Many thanks in advance for your precious advice.

 

[Rob_TO]

1. From what I describle above, whether I am still a PR? I never possess a PR card, but just a piece of landing paper issued in 1997.

Sounds like in 2005 they never actually reported you, so most likely you still have PR status. Of course do not meet the residency obligation.

One way to check is to try applying for an eTA, as it should flag you if you're a PR still.

2. If I have no problem in returning to Canada and would stay there for two years from now, is it positive that I can apply for a PR card?

Yes if you can make it into Canada without being reported by CBSA, then if you stay 2 straight years you will be back in compliance with RO and only then can then renew your PR card and sponsor your family.

3. What can I do with my husband and kids? They have no status in Canada.

They would need to stay as visitors for over 2 years. Of course your husband couldn't work all this time unless he got his own work permit somehow.

4. I assume my SIN is still valid, is it correct?

It's valid but inactivated. You would need to go to SIN office to reactivate it, requiring a detailed history of why you haven't been in Canada for so long. Not sure if SIN people ever talk to CIC about these matters.

5. I have depression issues and need to take care of ill grandparents in my hometown. Are these strong compassionate grounds for immigration to consider my case of not fulfilling residency requirements?

I would guess no, that is not a reasonable H&C issue. It doesn't explain almost 20 years absence. Main reason for you never to return to Canada, was your personal choice.

Of course this is just my opinion and only CIC can judge if your H&C claim is viable or not.

If you don't want to come to Canada and risk being reported or go through 2+ years of difficulty by living here without a PR card or being able to sponsor your family, then you can try applying for a PR Travel Document on H&C grounds to your local visa office. If they accept the H&C claim you can return to Canada and renew PR card/sponsor family immediately (no need to wait 2 years). If they reject the H&C claim your PR status will be gone and you can move on with your life without Canadian PR.

 

[mrswong603]

Many thanks Rob