Help me live the dream!

[instadan]

Hi

So my father got a permeant residency visa as a skilled worker and also the whole family got one through his application. Heres the low down.... the family failed to tie up all the loose ends in the uk so never actually made the move canada but we did "land" in september 2008. Im (son of main applicant) now looking to move to whistler,BC after spending just under 7 months there over the last five year but the five years has elapsed on my visa and haven't fulfilled the residency obligation of the 2 years. I have read that even after the five years has expired your still a PR until a assessment is carried out on your visa.... Basically i want to know what are my options to get back in to canada and keeping my PR status? this move is for good now and intend to gain citizenship this time round.

Any help would be seriously appreciated!!

 

[scylla]

How old are you?

 

[Msafiri]

I think you mean your PR Card has expired. Are you the holder of a standard 10 year UK passport? If yes then you can travel to Canada on the strength of this passport on a visitor visa exempt status. Airline check in agent will assume you are just a regular tourist if you have a return ticket. When you get to Canada deal with CBSA agent at the border. You will either get:

1. Admitted as visitor.
2. Admitted as a PR not reported.
3. Admitted as a PR and reported.

For 2 you may get a stern lecture about not meeting the Residence Obligation. How old were you when you landed and then left? If under 18 the border agent will cut you some slack as you could argue you were removed as a minor against your will.

With 3 you can appeal but you need compelling reasons for the absence. As per case law this includes either being seriously ill or taking care of a close relative that is seriously ill e.g. spouse.

If you are lucky enough to fall under 1 or 2 above you must remain in Canada for 730 days straight without leaving. This will get your PR Status back in good standing.

 

[instadan]

Im 20 now. I desperately want to get back out as my UK lifestyle has detrained somewhat over the last 2 years. I am a skilled worker but would like to avoid reapplying for PR again if it can be helped. also never got a PR card but do have landing papers and a Canadian national insurance card

 

[Msafiri]

Ok so you left at age 15. You have probably the best reason for breaching the RO which is being removed as a minor against your will. Get a flight back and deal with CBSA as per my earlier post. It helps if you have a plan of what you intend to do so the agent can see you are trying to re-establish your residence if this is asked. I suggest get admission into a college since getting job offers when you are abroad at the age of 20 no offence (limited work experience) isn't going to be easy.

Your reference to 'detrained' implies there may be legal issues - do you have any convictions?

 

[instadan]

The plot Thickens....

I never got my PR card

The visa stamps are in my old passport which expired 2011

The other Issue is i want to leave this side of christmas but would need work (job offer already) to support myself through the 720 days, if i go in a tourist and stay the 2 years how would i go about working? also how does this work if Im intending to staying in the country without a valid visa then apply for a new PR card?

You guys are too helpful

Why cant the embassy be this good!

 

[zardoz]

OK. Critical question.. What nationality is your passport?

 

[instadan]

CBSA being the border agent yeh?
Is it best to fly back and deal with it on canadian soil?
sending replys as you sending them back msafiri! but yeh got offered a job a few weeks ago but under conditions...... I since replied and said i would get back to them once i knew the status of my visa. I have 5 years experience and am a qualified plumber but am hoping to pick up a similar job over there opposed to say bar work.

No convictions! Life just seems more like it live to work these days.

 

[instadan]

British

 

[scylla]

You need a SIN (social insurance number) to be able to work. You'll need to provide one of the following to get a SIN (do you have one of the items on this list?):

You must provide one of the following primary documents:

Permanent Resident Card issued by Citizenship and Immigration Canada. This is the only acceptable document if your claim was processed in Canada.

Confirmation of Permanent Residence AND visa counterfoil affixed to a foreign passport or a travel document

Confirmation of Permanent Residence AND foreign passport for visa exempt countries

Record of Landing issued before June 28, 2002.

Verification of landing. This document is provided when an original of the Record of Landing or the Confirmation of Permanent Residence is not available (i.e. lost, misplaced, etc.).

Status Verification, also known as "Verification of Status", is considered an acceptable document to support the client's status in Canada when applying for a replacement SIN card or updating the SIN record.

 

[instadan]

So i have a social insurance number (card in my hand at this moment)

I have the Confirmation of permeant residence paper ( in my hand) although does say valid until 03/nov/2011 ??

Counterfoils are the shiny stamps in my passport? if yes then i still have my old passport (corners cut off) One says Immigrant on it from when we landed in 2008 and the other is when i needed to get a travel document from the London embassy which say permeant resident.

Thank you ;D

 

[Msafiri]

CBSA being the border agent yeh?
Is it best to fly back and deal with it on canadian soil?
sending replys as you sending them back msafiri! but yeh got offered a job a few weeks ago but under conditions...... I since replied and said i would get back to them once i knew the status of my visa. I have 5 years experience and am a qualified plumber but am hoping to pick up a similar job over there opposed to say bar work.

No convictions! Life just seems more like it live to work these days.

My bad on the 'experience' angle. What are the 'conditions'? Just like in the UK well prior to EU expansion there is a shortage of plumbers in Canada...if you are any good you will never lack work. Did you do your GCSEs? Presumably you are nearer 21 than 20 if you did the mandatory schooling to 16 and have 5 years of experience? Tell the employer you are a PR and send them a scanned copy of your SIN as its good enough proof you can work. I suggest you take a risk come over try the job offer and if it doesn't work look into a plan B.

 

[instadan]

That I get a BC drivers licence within 3 months

Correct closer to 21 , completed mandatory schooling with good Gcse grades, walked straight in to a plumbing apprenticeship out of school. "young with an experienced head" just need someone to give me a chance across the pond. So I fly in to Vancouver and explain the story to the border officials and HOPE they let me in? or go in as a tourist and use the documents i have to obtain a job, stay 2 years then apply for a residence card?

If i go for option 2 will they flag up that ive technically overstayed?

 

[Msafiri]

BC one of the provinces that insist on a valid PR Card as the only proof of PR Status for obtaining official documents including the DR. This is actually not in the immigration laws which state the PR Card is just a proof of status travel document..but you think anyone wants to take on the BC government on this?

Someone on the forum argued on this with the BC DL issuer and they got a temporary paper type DL to get by till they got their PR Card and this would allow an upgrade to a regular photocard DL. If you have a UK DL you can exchange it - you will get credit for your UK driving record. This will save you on the insurance which in Canada is an opportunity to grab with both hands.

When you get to Vancouver airport you will be sent to Secondary Inspection where they will listen to your story - you left as a minor so I believe they will give you the break you need. Case law is on your side. Don't apply for a PR Card before you have 730 days you don't really need it for day to day stuff. Come back to the forum after admission into Canada - I look forward to hearing about your plumbing job.

 

[instadan]

am I understanding this correctly..... I have a UK drivers licence so i can simply just exchange this for a BC one? without resisting a test?

So Would i walk to the desk in front of you when you land to explain the story or the glass offices to your right (where i landed when i first entered) assuming youve been to YVR airport.

I think im going to go for this. aim to get the job offer in writing before i fly. just need to finalise a few loose ends here in the next few weeks but aim to get out by mid November.

joys of the immigration office after a 9 hour flight ha.

Thanks so much for you help guys!