How to return back to Canada?

[Leon]

Hi,

I immigrated to Canada in 1994 as visitor got my PR 1997 . i spent most of time (90%) in canada till 2006 after applyng for citizenship i left to usa and didnt come back ( wish make it 6 years outside canada) , i lost my pr card wish is expired , now i would like to go back to canada . is any chance to get back my status as resident ? if so how to proceed from usa

All feedback is greatly appreciated.

Thanks.

You could apply for a PR travel document telling them all your humane and compassionate reasons why you could not meet the residency requirements and they will then decide if you can keep your PR. I don't know your reasons for being gone so long so I can not tell you if you have a good chance. If they decide against you, you can appeal but if you don't have good reasons, you probably lose the appeal too and by that, you lose your PR and that can not be recovered.

You may have a better chance if you try to enter Canada by land without applying for anything. Here are some possible scenarios.

1. They let you in without figuring out that you are a PR

2. They figure out that you are a PR but let you in without reporting you for not meeting the residency requirements.

3. They figure out that you are a PR and don't meet the residency requirements and they report you for it.

In case 1. and 2. you could continue to stay in Canada for the next 2 years and after that apply to renew your PR card as you will then meet the residency requirements again. According to immigration rules, if they had not caught you during the time you did not meet the residency requirements and revoked your PR then, they would have to renew your card after 2 years as they are only allowed to look at the past 5 year period when you apply and if you had spent the last 2 years in Canada, you would meet the residency requirements again. As for your status during this 2 year waiting time, you are still a PR but you want to stay out of the way of immigration because if you catch their eye, say you leave and re-enter and get caught or you apply to sponsor a relative, they can still revoke your PR. You probably still have a SIN so you can work. In some provinces they ask for a PR card for health care and drivers license. I hope you still have your landing documents so you can prove that you are a PR. In some provinces that would be enough to get health care.

In case 3., you would have 30 days to appeal for your PR with good reasons for why you were gone so long. If you lose the appeal, you lose your PR and they ask you to leave.

 

[tito5]

You could apply for a PR travel document telling them all your humane and compassionate reasons why you could not meet the residency requirements and they will then decide if you can keep your PR. I don't know your reasons for being gone so long so I can not tell you if you have a good chance. If they decide against you, you can appeal but if you don't have good reasons, you probably lose the appeal too and by that, you lose your PR and that can not be recovered.

You may have a better chance if you try to enter Canada by land without applying for anything. Here are some possible scenarios.

1. They let you in without figuring out that you are a PR

2. They figure out that you are a PR but let you in without reporting you for not meeting the residency requirements.

3. They figure out that you are a PR and don't meet the residency requirements and they report you for it.

In case 1. and 2. you could continue to stay in Canada for the next 2 years and after that apply to renew your PR card as you will then meet the residency requirements again. According to immigration rules, if they had not caught you during the time you did not meet the residency requirements and revoked your PR then, they would have to renew your card after 2 years as they are only allowed to look at the past 5 year period when you apply and if you had spent the last 2 years in Canada, you would meet the residency requirements again. As for your status during this 2 year waiting time, you are still a PR but you want to stay out of the way of immigration because if you catch their eye, say you leave and re-enter and get caught or you apply to sponsor a relative, they can still revoke your PR. You probably still have a SIN so you can work. In some provinces they ask for a PR card for health care and drivers license. I hope you still have your landing documents so you can prove that you are a PR. In some provinces that would be enough to get health care.

In case 3., you would have 30 days to appeal for your PR with good reasons for why you were gone so long. If you lose the appeal, you lose your PR and they ask you to leave.

hi leon thank you for responding, as senario 1 i enter canada as what ? i have a morrocan passport wish require a visas to enter canada . how could i get in ? also lost my imm 1000 document.

 

[Leon]

In that case, your odds are not very good. If you were visa exempt, you could slip in without a landing document or PR documents based on your passport. If you still had your landing document or expired PR card, you could enter at the land border and argue that you had mitigating reasons why you could not meet the residency requirements and hope they'd let you in without reporting you but with no PR card and no landing document, you can not show up at the land border with a Moroccan passport because you have no proof that you are a PR and so they will not let you in and you can not just apply for a visit visa because you are still a PR and therefore not eligible for a visit visa. If you tried to apply for one, the embassy would soon figure that out.

If you apply for a PR travel document, you would have to tell them why you could not meet the residency requirements. If they feel you had mitigating circumstances like taking care of your sick mother on her death bed or something similar, they may let you keep your PR. Otherwise you'd lose it.

Of course if you lose your PR, you can apply again. You can look at your immigration options at the CIC website here: http://www.cic.gc.ca/english/immigrate/apply.asp

 

[tito5]

In that case, your odds are not very good. If you were visa exempt, you could slip in without a landing document or PR documents based on your passport. If you still had your landing document or expired PR card, you could enter at the land border and argue that you had mitigating reasons why you could not meet the residency requirements and hope they'd let you in without reporting you but with no PR card and no landing document, you can not show up at the land border with a Moroccan passport because you have no proof that you are a PR and so they will not let you in and you can not just apply for a visit visa because you are still a PR and therefore not eligible for a visit visa. If you tried to apply for one, the embassy would soon figure that out.

If you apply for a PR travel document, you would have to tell them why you could not meet the residency requirements. If they feel you had mitigating circumstances like taking care of your sick mother on her death bed or something similar, they may let you keep your PR. Otherwise you'd lose it.

Of course if you lose your PR, you can apply again.

hello again, i appreciate you help and your feedback , do you think if i take a good lawer will help or influence the decision when applying for a pr travel document .thanks again

 

[Leon]

A lawyer can give you an idea if you have mitigating reasons or not for staying away so long but they can not perform miracles.