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

tonya

Newbie
Jul 13, 2007
2
0
Hello,
I have a specific question and if someone has been in the same situation or just knows please replay to me in this forum.
Here's the situation. I have already gotten a PR card for Canada some years ago. I went to Toronto but I stayed one month just to get my card and than I went back to Europe...personal reasons...My PR card has already expired, because you have to live in Canada 2 out of 5 years.
My question is if I apply again for skilled worker and go through the whole procedure would they let me have a PR card again or the fact that I've already gotten one and haven't use it will be an obsticle and they xill refuse to give me a canadian PR card.
I know that I haven't broken any laws or what so ever but I don't know if that might be a problem or not!
So please if anybody knows anything about this kind of situation , give me an advice..
Thank you a lot!!
 
Hi!

Apply as a Skilled Worker:
You can always do this. The fact that you did not maintain your PR status will not be an obstacle to an application under the Skilled Worker Federal Program as long as you still meet all of the requirements for that program.

See if any of the Options outlined in Parts A and B from the pdf document link below apply to you. If not, then you can always use the alternative of reinstating your status based on Part C: Humanitarian and Compassionate grounds, which is always a heavier burden of proof from the applicant.

Humanitarian and Compassionate Grounds:
"If you are unable to meet the residency obligation, we will consider any compelling humanitarian and compassionate factors in your individual circumstances that may justify the retention of permanent resident status. We will notify you if this additional assessment is required."

Unfortunately, I do not know the success rate of PRs with expired cards who got reinstated under Compassionate grounds.

Re-entering Canada:

If you are a citizen of a visa-exempt country, then you can travel back to Canada without the need for a visa, but you will have to pass a battery of questions from an Immigration Officer at the Port of Entry (POE) as well. Once you are in Canada, you can submit your PR renewal application. This time round, you will need to demonstrate that you intend to stay and maintain your PR status, definitely, for more than a month. HOWEVER, even though you might be a visa-exempt national, you can always avoid the uncertainty of entry refusal at the POE by applying for the Travel Document, which is mentioned below.

You can choose to process your reinstatement while in Canada under Humanitarian and Compassionate grounds, which places a heavier burden of proof on you the applicant. If you can meet this burden of proof with valid supporting documents, then why not?

Applying for a Travel Document:

As a PR without a valid PR card, you can always submit an application for a Travel Document to your Canadian Consular Office in /responsible for your home country. This application for a travel document is for permanent residents who are outside Canada and who do not have a valid permanent resident card to return to Canada. Travel documents are issued to permanent residents abroad to provide proof to a transportation company that the holder is entitled to re-enter Canada as a permanent resident.

The Travel Document can be issued on Humanitarian and Compassionate Grounds - Part C.

Quote: "There are no guidelines on what supporting documents you should submit for consideration on humanitarian and compassionate grounds. You are free to make submissions on any aspect of your personal circumstances that you feel would warrant retention of your permanent residence."

"An officer will weigh the factors of your unique case against the extent to which you did not comply with your residency obligation and make a decision based on the evidence in your file."

*** The Canadian Consular Officer will make a decision on your Travel Document application based on what you write for question/item 18 on the application form backed by your evidentiary documents that must be vital, pertinent, and unique to you. ***

PDF Link for the Guide to obtaining this Travel Document (Pay attention to everything including Section C): http://cic.gc.ca/english/pdf/kits/guides/5529E.PDF

Generally, you can always download the Travel Document Application Form from the CIC website: http://cic.gc.ca/english/information/applications/travel.asp

A list of Canada's Visa-Exempt Countries: http://www.canadavisa.com/canadian-immigration-visitor-visa-exemptions.html

Good Luck!

Warm regards,
Libra.
 
Thank you so much Libra!!
Your inforamation is very exhaustive and probably will be useful for other people in the same situation.
Thnx once again!!