Are we still able to move to Canada?

[cocteau8]

Our application to move to Canada was accepted in 2004 and we went to Toronto in 2004 to activate out visa. Due to family illness however, a subsequent bereavement and then not wanting to move children out of their school, given the stage of their education, we never moved and had thought that we had lost the opportunity. Contrary to this though, my son recently went to Canada for work for a week and was told on entry that he was a resident still! Is this so? Are we still able to move there without a further application? I can't believe that this is so!

 

[JGK]

the requirement to maintain permanent residency (landed immigrant) status is to be resident in canada for two out of the previous 5 years. If you have not resided in canda since you landed in 2004 your status will have lapsed and you will be back at square one. you will have to reapply under one of the current immigration pathways

 

[txboyscout]

Our application to move to Canada was accepted in 2004 and we went to Toronto in 2004 to activate out visa. Due to family illness however, a subsequent bereavement and then not wanting to move children out of their school, given the stage of their education, we never moved and had thought that we had lost the opportunity. Contrary to this though, my son recently went to Canada for work for a week and was told on entry that he was a resident still! Is this so? Are we still able to move there without a further application? I can't believe that this is so!

Yes, you are all residents still. You PR has not been revoked yet.

HOWEVER, it is more than likely that when you show up the IO will figure our that you have not met the residency obligations and report you. You will be allowed to enter Canada but will have to appear before an immigration judge who will decide if you are going to be able to keep your PR. In your case, my guess will be your PR will be revoked. Now if by chance you are not reported, then you can come to Canada and live for two full years without leaving and then apply for PR card renewal. Since, by law CIC cannot look past the last 5 years, you will have legally met the residency obligations and your PR will be renewed.

 

[Regina]

Since, by law CIC cannot look past the last 5 years, you will have legally met the residency obligations and your PR will be renewed.

However, he will not be able to work because he will not be able to get his SIN because of his invalid PR card. And to renew hie PR card he needs to prove his residency. So, back to square one.

 

[Leon]

You are still PR because your PR was never officially revoked. If you come to Canada with your landing documents and if they let you in without reporting you, you have the option to stay for 2 years and thereby put your PR status back in good standing.

Your landing papers should get you most things like a SIN, health care etc. but you may run into situations where you will be asked for a valid PR card which you will be unable to provide because you don't have one. However, you can not apply for one until you have completed your 2 years so you will just have to get around that as best you can.

If you do get in, you should not risk leaving for the next 2 years.

If they report you on entry, you can appeal but in order to win your appeal, you'd need some good reasons for staying away for such a long time. Illness and bereavement may be accepted but not wanting to take kids out of school will not. There are schools in Canada too and many immigrants arrive with their children at various ages.

If you want an official reply on the status of your PR without picking up and going to Canada, you can apply for a PR travel document through the Canadian embassy in your home country. You would list your reasons for being unable to meet the residency requirements. If you get the travel document, your absence is forgiven and you can return to Canada as a PR. If you are refused, they will revoke your PR status officially. You can appeal if they reject but if your reasons were not good, then you will lose the appeal too.

If you lose your PR, you can apply again from scratch if you qualify.

 

[Regina]

will just have to get around that as best you can.

is this an advice to work illegally?

 

[zardoz]

is this an advice to work illegally?

As a PR inside Canada, they are perfectly entitled to both a SIN and to work. Period.

Leon is referring to other services that may expect to see a PR card for access to them. While a PR card is NOT mandated for access to services inside Canada, feature-creep has caused some de-facto requirements to have been raised.

 

[scylla]

As a PR inside Canada, they are perfectly entitled to both a SIN and to work. Period.

Agreed. Absolutely nothing illegal about it.

 

[Leon]

is this an advice to work illegally?

If you are a PR, it is not illegal for you to work in Canada.

 

[txboyscout]

is this an advice to work illegally?

You are not illegal in Canada if you have not the residency requirement. The onus is on the immigration authorities to report you if you try to enter Canada without meeting the RO. If they do not, you are prefectly legally able to live and work in Canada. A SIN is something that employers can use to verify that you are legally authorized to work in Canada and something that is used to track your income for taxation purposes.