Can i moving back CAN after 10 year. not meet RO?

[linh1437]

Dear Everyone,

I went to Canada on 07 Feb 2006 and left Canada on 09Feb2007 (lived 377days) not meet RO. I have PR card but expired and SIN card.

Reason: I came to Canada sponsored by my husband. When I came to Canada did not know the culture of Canada, not familiar with Canada, the next day I have to work immediately, so the pressure on life, I and my husband have many problems and decide to divorce and I also lost my menstrual whole year, feel lonely and missed family . I decided to return to the country and see the doctor too.
Now i got married and have 2 childs. I want to moving back for my two child's future (for good education,heath..ect..)

Can i moving back Canada? Can i apply PTRD with H&C letter?
Please everyone help and tell me know the best way.

Thanks

 

[YVR123]

Dear Everyone,

I went to Canada on 07 Feb 2006 and left Canada on 09Feb2007 (lived 377days) not meet RO. I have PR card but expired and SIN card.

Reason: I came to Canada sponsored by my husband. When I came to Canada did not know the culture of Canada, not familiar with Canada, the next day I have to work immediately, so the pressure on life, I and my husband have many problems and decide to divorce and I also lost my menstrual whole year, feel lonely and missed family . I decided to return to the country and see the doctor too.
Now i got married and have 2 childs. I want to moving back for my two child's future (for good education,heath..ect..)

Can i moving back Canada? Can i apply PTRD with H&C letter?
Please everyone help and tell me know the best way.

Thanks

The last 5 years (residency obligation rolling period), you have spent 0 day in Canada.
You can try to apply for PRTD but I really doubt if getting a divorce is a good H&C reason. You have a family in your home country so staying in your home country is closer to the H&C ground.

You can try to enter via US land border (if you have a US visitor visa) but with 0 days and an expired PR card, I highly doubt that you will NOT be reported for review and eventually revoke your PR. (i.e. you WILL BE reported for not meeting RO and review of your status)

 

[linh1437]

The last 5 years (residency obligation rolling period), you have spent 0 day in Canada.
You can try to apply for PRTD but I really doubt if getting a divorce is a good H&C reason. You have a family in your home country so staying in your home country is closer to the H&C ground.

You can try to enter via US land border (if you have a US visitor visa) but with 0 days and an expired PR card, I highly doubt that you will NOT be reported for review and eventually revoke your PR.

Hi,YVR123
Thank you very much for reply
I dont know drive, can i go with someone?? I am not confident try to enter via US land border
Can I write H&C ? Can i write the reason i want to moving back because of my two child?

 

[YVR123]

Hi,YVR123
Thank you very much for reply
I dont know drive, can i go with someone?? I am not confident try to enter via US land border
Can I write H&C ? Can i write the reason i want to moving back because of my two child?

You WANT to move back so they can have FREE education in Canada isn't a real good H&C write up.

Frankly, I do not think driving back is worth it. You for sure will be reported and revoked.
Most of the H&C reason that's accepted is like leaving to take care of dying parents with no other relatives.
Or children who ARE PR and being removed by parents to home country but unable to make the decision to move back to Canada until they turn 18 or 19.
But your children aren't PR. So I don't think it's worth even to try.

You can apply for PR yourself if you qualify with EE or other skill or economic route. Or save some money and send your kids as international students (apply for study visa) so that one day they will qualify to apply PR themselves.

 

[linh1437]

You WANT to move back so they can have FREE education in Canada isn't a real good H&C write up.

Frankly, I do not think driving back is worth it. You for sure will be reported and revoked.
Most of the H&C reason that's accepted is like leaving to take care of dying parents with no other relatives.
Or children who ARE PR and being removed by parents to home country but unable to make the decision to move back to Canada until they turn 18 or 19.
But your children aren't PR. So I don't think it's worth even to try.

You can apply for PR yourself if you qualify with EE or other skill or economic route. Or save some money and send your kids as international students (apply for study visa) so that one day they will qualify to apply PR themselves.

Hi YVR123,
I just only want to back byself first, i will bring my 2 childs to CAN for study board. Because i aslo know that my child cannot go with me back to CAD (If accept). as you said that above i cannot write H&C so I need to voluntarily renounce my PR status?

 

[linh1437]

Hi YVR123,
Because i aslo want to visit my family, Can i apply visitor visa now? or Need i Volontairy renouce my status and then start to apply Visitor visa?

Thanks

 

[YVR123]

Hi YVR123,
Because i aslo want to visit my family, Can i apply visitor visa now? or Need i Volontairy renouce my status and then start to apply Visitor visa?

Thanks

You need to renounce you PR first. You can wait for others to reply in case they have other ideas.

 

[vensak]

ok so first thing first
1. PR does not expire, it can be only revoked or renounced
2. While being PR you are not able to get visa. In order to board a plane you need to have a valid PR card (you do not have) or a PRTD.
3. Given your story, your PRTD application would be rejected.
4. The only option would be to use the land crossing from USA. However such attempt would also most likely lead to being reported.
5. And if ever you would be really lucky and not being reported, you would not be able to sponsor anybody during next 2 years. Yes your family can try to get a visitor visa, but count with option that their visa might be rejected (and they like to do that).
6. During those 2 years you would have to stay in Canada and keep a low profile. You might have lot of problems there (like for activation of your SIN number, you will need a PR card).

So the listed above are the obstacles you would be facing and a big gamble you would be taking. And with a high probability to be discovered anyway.

That is why they are advising you to renounce and get your PR again.

 

[linh1437]

Thank very much Vensak

ok so first thing first
1. PR does not expire, it can be only revoked or renounced
2. While being PR you are not able to get visa. In order to board a plane you need to have a valid PR card (you do not have) or a PRTD.
3. Given your story, your PRTD application would be rejected.
4. The only option would be to use the land crossing from USA. However such attempt would also most likely lead to being reported.
5. And if ever you would be really lucky and not being reported, you would not be able to sponsor anybody during next 2 years. Yes your family can try to get a visitor visa, but count with option that their visa might be rejected (and they like to do that).
6. During those 2 years you would have to stay in Canada and keep a low profile. You might have lot of problems there (like for activation of your SIN number, you will need a PR card).

So the listed above are the obstacles you would be facing and a big gamble you would be taking. And with a high probability to be discovered anyway.

That is why they are advising you to renounce and get your PR again.

 

[linh1437]

Thank very much YVR123

You need to renounce you PR first. You can wait for others to reply in case they have other ideas.