Have lost PR Status - struggling to find the best way back in

[Sam Bradbury]

Hi,

We are former PR residents but have lost our rights to return to Canada as we have been outside the country for 10 years.
I have recently been offered a permanent job with my former Canadian employer in Kelowna BC which is too good to turn down however I’m not sure of the best way to apply to get back in.
My parents are both U.K. citizens however they are also dual citizens of Canada but are residing in the U.K, also. My daughter was born in Canada and is therefore also a Canadian.
With the job offer and family connections to Canada will this help us and is there a better process to follow in special circumstances rather than the standard computer algorithms?
Many thanks for any advice!

 

[scylla]

Hi,

We are former PR residents but have lost our rights to return to Canada as we have been outside the country for 10 years.
I have recently been offered a permanent job with my former Canadian employer in Kelowna BC which is too good to turn down however I’m not sure of the best way to apply to get back in.
My parents are both U.K. citizens however they are also dual citizens of Canada but are residing in the U.K, also. My daughter was born in Canada and is therefore also a Canadian.
With the job offer and family connections to Canada will this help us and is there a better process to follow in special circumstances rather than the standard computer algorithms?
Many thanks for any advice!

When you say that you lost the right to return to Canada - do you mean to say that your PR status was officially revoked at some point in the past?

To answer your question, if you are no longer a PR, you would follow the normal process that anyone else has to follow to apply to immigrate. There is no special process for those who were previously PR holders. The job offer will help you qualify to apply for PR. Having family members in Canada gives you additional points - but only if they are siblings. No points for your daughters or parents.

 

[Sam Bradbury]

Hi, thanks for the reply. We have never officially lost our PR, I am just assuming that we are no longer eligible as we haven’t met the PR requirements.

It looks as though we need to give up our PR status and re-apply I think however it’s a bit scary doing this!

 

[scylla]

Hi, thanks for the reply. We have never officially lost our PR, I am just assuming that we are no longer eligible as we haven’t met the PR requirements.

It looks as though we need to give up our PR status and re-apply I think however it’s a bit scary doing this!

Yes - you have to officially give up your PR status to reapply. Technically you are still PRs - however 'saving' your old PR status would be very difficult at this point. To try to save your old PR status, you would need to fly to the US and attempt to re-enter Canada by land in a private vehicle without being reported at the border for failing to meet the PR residency requirement. Given how long you have been out of Canada, the chances of being reported are high. If you are reported, you'll be allowed into Canada but will then have to appear at a hearing to argue why you should be allowed to keep your status. At this hearing, your PR status will be formally revoked and you'll then have to leave Canada. If by some miracle you aren't reported when you enter Canada, you'll need to remain in Canada for two straight years without leaving before you'll be able to apply to renew your PR status and will need to avoid any trips outside of Canada during this 2 year period. Since you don't have valid PR cards, it's possible you may run into challenges doing some things like obtaining health care coverage (this varies a bit from province to province). Hopefully you already have SINs.

So long story short, you can try to save your PR status - but it's a pretty big crap shoot on whether this will work and then you'll be stuck in Canada for two years without the ability to travel.

You cannot apply for PR again without officially renouncing your current PR status first.

 

[Sam Bradbury]

Thanks very much, really appreciate your advice!

I’m thinking of giving it up and coming over on a temporary work permit and applying for PR when eligible.

 

[scylla]

Thanks very much, really appreciate your advice!

I’m thinking of giving it up and coming over on a temporary work permit and applying for PR when eligible.

You'll need to renounce your PR status before you can apply for a temporary work permit. You can't get a work permit without renouncing. I assume your employer has obtained an approved LMIA? LMIA is needed to apply for the work permit.

 

[Sam Bradbury]

Yes, he is in the process of getting one. We don’t plan to go until July 2019 so should have enough time to get it all in place as long as he holds up his end of the bargain...