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Different lawyers giving different options

Discussion in 'Permanent Residency Obligations' started by iqss, Jul 4, 2019.

  1. I first flew to Canada in July 2002 and spent about 1 year living there. I had gotten a PR with my family. I ended up working there for a while, got my PR SIN and BC health card and went to a community college for about 2 months. Also paid my taxes for that year. I came back to India around July 2003. At this point my brother continued to live there and invest in some properties over there. While I looked after some family interests over in India. I also traveled to Canada twice for short (for like a month) duration in 2005 and 2006. There was some hassle both times I traveled but was allowed entry none the less. The intention was to permanently move in January 2007 and complete the 2 years in 5 years. Unfortunately my brother while visiting India passed away in January 2007. Subsequently I couldn't travel due to family obligations. As we had some investments in Canada I still had to go and look after them. On contacting the Canadian consulate I was told that I didn't need a tourist visa and that my PR would hold valid. I was allowed to board a flight and in July 2007 traveled to Canada. I was detained but nonetheless allowed to enter the country. I stayed for about 15 days and had to leave again. My Father also held a PR and when he wanted to travel there in 2012, he was told by the Canadian Consulate that we would have to renounce his PR in writing and then apply for a tourist Visa. Which he did and a 5 year tourist Visa was granted to him. I have not traveled since 2007 and because some of my financial affairs are still not in order over there, I have to travel. Not only that I would want to exploit the opportunities over there while I pursue certain legal obligations. Now having spoken to 4 different Immigration layers I have been given many options. And I have narrowed down my options into these 3 questions.
    1. What would be my status i.e. my PR status ?
    2. Would I be better off following the same path as my father and taking my chances when I get there ?
    3. Try and hire an Immigration lawyer in Canada who might help me get in through a border crossing via the US ???
    I would appreciate any help in the matter. I have already been on this for the last 1.5 years.
  2. 1. You remain a PR until it's formally revoked, you renounce it, you become a citizen, or you die.
    2. That's totally up to you. There are no guarantees that you will cross the border unscathed.
    3. An immigration lawyer is not going to be any help at a border crossing or Port of Entry.
  3. 3. CBSA isn't required to allow you access to a lawyer if you are pulled into secondary.....you're on your own.
    zardoz and canuck78 like this.
  4. Your only options are to renounce and apply for a visitor visa. Other option is to go to a US border and hope and pray that you get a CBSA agent that isn’t doing their job. Given it has been over 10 years since your PR card expired and you never met you RO I’m not sure what you expected. Given that you have already been flagged your chances are even less. Have you looked at whether you qualify for PR if you apply again?
  5. Ok described more precisely what happened when you traveled to Canada in 2007. From that understanding you went to a secondary review. What exactly was stated there? Were you reported at that time for not meeting PR obligations?
    Depending on that answer can be different.
    scylla likes this.
  6. Agreed. This is a very important question. It's possible PR status was lost in 2007.

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