+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

I can't go back

LeeCan

Member
Apr 11, 2014
19
0
Hello everyone,

Well i obtained my PR at 2005 and it expired in 2010.. The problems are :

1) i am outside Canada.
2) I didn't meet the residency obligations.

Now what are my options ? i really don't want to lose it all.. Thanks
 

scylla

VIP Member
Jun 8, 2010
93,039
20,590
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Do you hold a visa exempt passport?
 

scylla

VIP Member
Jun 8, 2010
93,039
20,590
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
How old are you?
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
Can you get a US visa?

Do you have good reasons for not meeting the RO?
 

LeeCan

Member
Apr 11, 2014
19
0
I am 25.. and yes i have US visa.. a visiting visa.. I couldn't stay in Canada during the 5 years as i had to finish my college.
 

scylla

VIP Member
Jun 8, 2010
93,039
20,590
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Well - you're too old to use the excuse that you were taking from Canada by your parents and couldn't complete your residency obligation for that reason. You also can't use college as an excuse why you didn't meet the residency obligation. You could have very easily attended school in Canada.

So your only option is to enter the US and then try to enter Canada using a land boarder crossing and your original landing papers - and hoping your are not reported for failing to meet your residency obligation. If you are able to enter without being reported, then you will have to remain in Canada for 2 straight year (without leaving for even one day) before you can renew your PR card.
 

LeeCan

Member
Apr 11, 2014
19
0
I see, won't they ask for my PR at the border ? and what if they saw that my PR is expired, what will they do ?
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
Removed from Canada as a minor would be worth a try because the criteria is actually returning first chance after reaching the age of 22 and OP is a student since before the age of 22 so likely still financially dependent on the parents in some way.

Your best bet would be going to the US for a visit and from there going to Canada and trying to enter showing your expired PR card and landing papers. Tell the immigration officers that you were removed from Canada as a minor and you are now returning first chance. They have the option of reporting you for not meeting the RO or just letting you enter.

If they report you, you will be allowed to enter Canada with 30 days to appeal for your PR based on having been removed from Canada as a minor and returning first chance after reaching the age of 22. You will be allowed to stay in Canada during the processing time of your appeal which could be 1-2 years. During this time, you are still a PR with all the rights of a PR such as health care, work etc. and you may renew your PR card for a year at a time although for your appeal, it would be best if you don't leave Canada for the next two years. When you have your appeal hearing, you would like to be able to say that you are well settled in Canada and not bouncing back and forth.

If they don't report you, you will enter Canada as a PR but you do not meet the RO so you need to stay clear of immigration, not leave and not apply for anything until you have stayed two years and meet the RO again. The lack of a valid PR card can cause you problems with for example drivers license and health care but you will have to deal with that as it happens.
 

LeeCan

Member
Apr 11, 2014
19
0
Just one more question please: Can i cancel the whole application and reapply for immigration from the start ? is that possible ? what are my chances ?
 

scylla

VIP Member
Jun 8, 2010
93,039
20,590
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes - you can certainly do that.

None of us can tell you what your chances are. You'll have to read through the various immigration programs available and see if you qualify to apply for any:

http://www.cic.gc.ca/english/immigrate/apply.asp
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
Job Offer........
Pre-Assessed..
LeeCan,

1. Go for the TD - they are rarely refused if you are making your first attempt to return after removal and can demonstrate dependency for a shortish period post the age of 22. Your odds are lower at 25 but you have nothing to lose.

2. If you can go the US visa route.

3. Check for poster 'princess luna' on the forum she was one of the first posters to detail her TD application process and thereafter more posters have succeeded...I'll usually get at least 5 pm's a month for those who have re-entered under this route.

4. Once you are in Canada your focus should be to avoid any legal issues that can make you inadmissible.

good luck