Do I still have landed immigrant status?

[dir1944]

I am a U.S. citizen who was married to a Canadian citizen. When we moved from Los Angeles to Toronto, I was given Landed Immigrant staus. At that time there was not a PR Card. My ex wife is now deceased.
We entered Canada in August, 1973 and moved back to the U.S. in Feb. 1976. I returned to Canada in 2007, to take cruise from Vancouver and I had to spend three hours waiting to speak to an Immigration officer at the airport. They asked me why I still had landed immigrant status and do I want to give it up. I said I did not want to give it up and they said "you may leave the airport now". I couldn't believe that I had to spend all that time for nothing.
Now, I'm doing the same thing again in September. I'm taking a cruise from Vancouver to Los Angeles and I don't want to get delayed and hasseled at the airport like the last time. Maybe I should take a bus from Seattle to Vancouver and would not get hasseled at the border?
Do I really still have Landed Immigrant status after all these years of not living in Canada?

Thank you for your help and answers in advance.

 

[Rob_TO]

Do I really still have Landed Immigrant status after all these years of not living in Canada?

Yes, although you don't meet the Residency Obligation (spending 2 of every 5 years in Canada). So you should be prepared to be hassled about this every single time you want to enter Canada, no matter the transport you take here.

Upon one of your entries to Canada, CBSA may simply report you for not meeting RO, which will start process to formally revoke your landed immigrant/PR status.

Or if you simply give it up voluntarily, then you can come to Canada any time as a visitor.

Without committing to living inside Canada 2 straight years without leaving, to come back into compliance with the RO, there is really no point in you keeping your PR status.

 

[canuck_in_uk]

If you want to retain your status because you are considering returning to live in Canada some day, you should know that you will have a VERY hard time living a normal life for those first 2 years. With 40+ year old immigrant documents, you will find it next to impossible to get healthcare, get a driver's licence, sort out a SIN or basically do anything official.

If you aren't prepared for that, you really should just renounce your status so you can visit Canada without hassle.

 

[dir1944]

how do i renounce my landed immigrant status? do i just tell them i want to renounce it at the border/airport?
thanks for your advice.

 

[canuck_in_uk]

how do i renounce my landed immigrant status? do i just tell them i want to renounce it at the border/airport?
thanks for your advice.

You can do it at the border or just submit the app.

http://www.cic.gc.ca/english/information/applications/guides/5781ETOC.asp

 

[Rob_TO]

how do i renounce my landed immigrant status? do i just tell them i want to renounce it at the border/airport?
thanks for your advice.

Yes you can just do it at any border/airport immigration.

Or you can do in advance: http://www.cic.gc.ca/english/information/applications/voluntarily-renounce.asp

 

[dir1944]

thank you very much for the application information. it seems easy and i only need to get two photographs done with the application. and its nice to know there isn't any fee required for this. it also says to send my current passport to prove my u.s. citizenship. i never gave up my u.s. citizenship. i don't feel real comfortable sending my passport through the mail, so i'll make a copy of the main information page and enclose it with the application. if they don't accept the copy, then i'll just do it at the border point of entry.

i appreciate your assistance with my question.

cheers,
david

 

[Rob_TO]

thank you very much for the application information. it seems easy and i only need to get two photographs done with the application. and its nice to know there isn't any fee required for this. it also says to send my current passport to prove my u.s. citizenship. i never gave up my u.s. citizenship. i don't feel real comfortable sending my passport through the mail, so i'll make a copy of the main information page and enclose it with the application. if they don't accept the copy, then i'll just do it at the border point of entry.

You don't need to send original passport. Note on the document checklist it states if "Original" or "Copy" is needed for each item. Beside passport it just states "Copy", so just a regular photocopy is fine.

 

[pareshb]

1. Do you know how long does it take to process the renunciation application?
2. If I want to reapply for PR in few months, will the renunciation will have any negative impact on my express entry PR application

 

[Mthornt]

If you want to retain your status because you are considering returning to live in Canada some day, you should know that you will have a VERY hard time living a normal life for those first 2 years. With 40+ year old immigrant documents, you will find it next to impossible to get healthcare, get a driver's licence, sort out a SIN or basically do anything official.

If you aren't prepared for that, you really should just renounce your status so you can visit Canada without hassle.

It's pretty interesting that after so many years, the option to just show up and live there for 2 years, and come back into compliance exists.

 

[canuck_in_uk]

It's pretty interesting that after so many years, the option to just show up and live there for 2 years, and come back into compliance exists.

Well, CBSA is supposed to ensure PRs entering Canada meet the RO; if a person doesn't meet the RO, CBSA is supposed to report them. Without H&C grounds, this leads to the loss of PR status.

However, in reality, that doesn't always happen. The officer might not want to take the time to investigate and do the paperwork or it's possible that they just don't care. Whatever the reason, many people are able to get back in without meeting the RO, get their 2 years in and be back in compliance.

In OP's case, since he has been living out of Canada for 40 years, it seems the officer wasn't worried that he was trying to get back into Canada and therefore didn't feel the need to report him. If OP showed up at the border trying to move to Canada, there is a very good chance he would be reported and lose his status.

 

[megaman]

Interesting.. I am in a similar position to the OP, although I lived in Canada from age 4 to 19 as PR (moving from U.S). I was told at the time I turned 18 I had to choose between getting U.S. citizenship and Canadian citizenship. (In retrospect this was bad or outdated advice - was told the U.S. did not look kindly on dual citizenship) I chose U.S. because being headed for a technology career, the U.S. was where it was all happening and I planned to live there for a while. At the time I moved back to the U.S., I do recall getting asked about my status (early 90s) by Canadian officials during a border crossing or two. I never renounced PR, but at some point, the Canadians stopped asking and have treated me as a visitor for a long time now. So I should take this as confirmation that my PR status is long gone?

 

[scylla]

No - it's probably not gone. But getting a valid PR card and being able to live in Canada as a Canadian and qualify for citizenship will likely be quite difficult. To do this, you would need to return to Canada and live here for two years before applying for a new PR card. If you're able to do this successfully (and aren't reported at the border for failing to meet the residency requirement), then there's definitely a chance you might be able to keep your status. The trick is returning here and living here for two years.