How Long Can A Landed Immigrant Reside Outside of Canada?

[Warmblood]

Hi,
Can anyone please offer me some advice? I am a United Kingdom resident and had "Landed Immigrant" status for Canadian residency as a result of emigrating to live with my father when I was a teenager. I spent 6 years living in Ontario and then returned to the UK. I have now resided in the UK for over 20 years and was curious if I would be able to return to live and work in Canada?


Rgds
Mike

 

[Leon]

Back 20 years ago, it was 6/12 months you had to stay in Canada. Now it's 2/5 years.

There is still a slim chance that you can revive your PR status if it was never officially revoked.

If you want to try it, you should tie up your loose ends in the UK, get a friend to sell or send you your stuff if you don't come back and come to Canada ready to stay for 2 years straight if they let you in.

Because you have a visa exempt passport, you can go to Canada without a visa. They may see from your name and bday that you are a PR and ask you about it. They may tell you that your PR is gone or something like that but most likely they will let you in for your visit.

If that happens, you can stay for two years straight which will put your PR status back in good standing. After that, you can apply for a PR card.

However, it is also possible that the immigration officer reports you on entry for not meeting the residency requirements. If that happens, you can appeal for your PR but 20 years outside, you will most likely lose your appeal and your PR.

As a PR in Canada without a PR card, you may face certain challenges. If you still have your landing papers, you can show those but things like signing up for health care and applying for a drivers license could be a problem without a PR card. You are however still a PR and you can legally stay in Canada and work. You would just need to stay under immigrations radar by not applying for anything from them, not apply to sponsor somebody or apply for a PR card until you have stayed your 2 years.

 

[Warmblood]

Many thanks Leon, I shall now make some enquiries.

Mike

 

[jul]

Hi Mike,
I have a similar situation..however I only stayed in Canada for about 1 1/2 years with a PR and then returned to my country...I 've been out for 21 years...I was told by the embassy in my country that I had to return within a year to keep my PR.
What was the result of your inquires..?
Thanks,

Many thanks Leon, I shall now make some enquiries.

Mike

 

[jul]

Hi Leon,
I have a similar question as Mike however I am from Peru. I lived only 1 1/2 years in Canada with a PR and returned to Peru. It has been 21 years... and I assumed (because the embassy told me) that I would lose my PR if I didn't return within a year...(since they gave me an extension of 6 months more to stay outside)...Now I am living in the United States and I am in a process for Asylum. However because I had once permanent residency in Canada and possibly I might still have some status..my Asylum is at risk..
Any advice of what the situation of my PR could be at this moment? Thanks,
Jul

 

[Gogia]

what leon said is.right...

even.if u try all above things..but even appeal.if they ask u what struggle or attempt u have made to return to canada in.last 21 years....to keep ur residency alive...what will u say...?

 

[jul]

I believed I had lost it and moved on..The thing now is that because it was not officially revoked it could affect my case of Asylum in the US...That is why I wander if after all this time, 21 years, without participating actively in Canada in any way.. my PR was cancelled..don't you have to reapply every 5 years anyways?
Please help..

what leon said is.right...

even.if u try all above things..but even appeal.if they ask u what struggle or attempt u have made to return to canada in.last 21 years....to keep ur residency alive...what will u say...?

 

[Gogia]

its not cancelled... it expired...u have to renew it when u r in canada..and have resided for 730 days inside canada in last 5 years...

 

[Leon]

Hi Leon,
I have a similar question as Mike however I am from Peru. I lived only 1 1/2 years in Canada with a PR and returned to Peru. It has been 21 years... and I assumed (because the embassy told me) that I would lose my PR if I didn't return within a year...(since they gave me an extension of 6 months more to stay outside)...Now I am living in the United States and I am in a process for Asylum. However because I had once permanent residency in Canada and possibly I might still have some status..my Asylum is at risk..
Any advice of what the situation of my PR could be at this moment? Thanks,
Jul

It is possible that your PR was never officially revoked. There is really no way to find out except ask immigration. You could apply for a travel document from the US. If it is denied (likely), you will officially lose your PR and that would be it. If you prefer to seek asylum in Canada, you could show up at the border, insist that you are a PR (do you still have the documents?) and ask them to let you enter. If they are convinced that you are indeed a PR, they will let you enter but may want to report you for not meeting the residency obligation (likely). You can appeal this and list your H&C grounds as an asylum seeker. As a still PR, you may be granted a 1 year PR card and should be able to get a SIN so you can work. If they are not convinced that you are a PR when you enter, you could seek asylum in Canada.

 

[jul]

I don't have the PR card..was it a card?

It is possible that your PR was never officially revoked. There is really no way to find out except ask immigration. You could apply for a travel document from the US. If it is denied (likely), you will officially lose your PR and that would be it. If you prefer to seek asylum in Canada, you could show up at the border, insist that you are a PR (do you still have the documents?) and ask them to let you enter. If they are convinced that you are indeed a PR, they will let you enter but may want to report you for not meeting the residency obligation (likely). You can appeal this and list your H&C grounds as an asylum seeker. As a still PR, you may be granted a 1 year PR card and should be able to get a SIN so you can work. If they are not convinced that you are a PR when you enter, you could seek asylum in Canada.

 

[Leon]

I don't have the PR card..was it a card?

They didn't start using PR cards until 2002. You would have had some documents though.

 

[Gogia]

i think PR card started in 2003...and they allow if any one like to.enter canada on.landing paper last month was 2003 december..if i am not wrong....after that u need return permission visa from local counsulates...to enter canada..etc...