Landed but not met residency obligation

[Ivy Liu]

Hi,

My husband got landed in Toronto in 1994 with his family. There was no PR card at that time and he got his landing paper, SIN card and health card (green color, but expired already of course) on hand. However, he never stayed in Toronto for long and has returned to HK to work since that time. He only had some occasional travels back to Toronto in the past 20 years to visit his family and through ETA last year. Now, he is looking to immigrating to Toronto with me and daughter.

Some friends advised us to return to Toronto through USA by road and stayed in Canada quietly for 2 years and to "re-activiate" the PR status. Is that feasible? Or will he need to live in dark in these 2 years? Any practical problems he may encounter before he can get back the PR status? We are just worried we only found it will not work out after 2 years, which is a waste of time.

Alternatively, should he renounce his PR status and make a fresh immigration application by other means?

We are really annoyed with these issue and can't move forward with our immigration plans...

Thanks.

 

[Bs65]

So if you really mean travelled having obtained an ETA which is issued to visa exempt passport holders then possible PR status already gone . An ETA would not be issued to a PR holder

If still a PR then would have needed a valid PR card or PRTD to board a plane

 

[Buletruck]

Agreed. Quite likely, given his eTA, his PR status has already been lost. That said, IRCC isn’t infallible and does make mistakes.
If he still has PR status, it is possible for him to enter through the land border and , if not reported remain in Canada for 3 years to renew his PR card. The issues behind that, is not actually knowing if he is still a PR. He could spend 2 years in Canada only to find out he isn’t eligible and has overstayed a visit visa, which would be bad. The other problem is if you and your daughter aren’t PRs, CBSA doesn’t have to let you in and he wouldn’t be able to sponsor you for a PR for 2 years, so you would likely be separated 3 years during the process.
Load of secondary issues with your plan as laid out you need to consider.

 

[scylla]

Hi,

My husband got landed in Toronto in 1994 with his family. There was no PR card at that time and he got his landing paper, SIN card and health card (green color, but expired already of course) on hand. However, he never stayed in Toronto for long and has returned to HK to work since that time. He only had some occasional travels back to Toronto in the past 20 years to visit his family and through ETA last year. Now, he is looking to immigrating to Toronto with me and daughter.

Some friends advised us to return to Toronto through USA by road and stayed in Canada quietly for 2 years and to "re-activiate" the PR status. Is that feasible? Or will he need to live in dark in these 2 years? Any practical problems he may encounter before he can get back the PR status? We are just worried we only found it will not work out after 2 years, which is a waste of time.

Alternatively, should he renounce his PR status and make a fresh immigration application by other means?

We are really annoyed with these issue and can't move forward with our immigration plans...

Thanks.

Agreed with what others have said. If he got an approved eTA - then he is no longer a PR. PR must have been revoked at some point between 1994 and now. He will need to reapply for PR through the same means as anyone else - I would recommend you start by researching the Express Entry program. No - he cannot "reactivate" his PR.

 

[Ivy Liu]

"PR must have been revoked at some point between 1994 and now. "
--> Can PR be revoked? I think the status can only be lost if one go through an official process? Btw, landing paper = PR?

Agree, tons of uncertainties during these 2 or 3 years' process...

 

[21Goose]

"PR must have been revoked at some point between 1994 and now. "
--> Can PR be revoked? I think the status can only be lost if one go through an official process? Btw, landing paper = PR?

Agree, tons of uncertainties during these 2 or 3 years' process...

Yes, PR can be revoked by the Canadian government. It's possible that they started the process to revoke, and sent paperwork/communication to an old address, and then revoked the PR in absentia.

 

[scylla]

"PR must have been revoked at some point between 1994 and now. "
--> Can PR be revoked? I think the status can only be lost if one go through an official process? Btw, landing paper = PR?

Agree, tons of uncertainties during these 2 or 3 years' process...

Yes - PR status can certainly be revoked. Lots of ways that could have happened in the last 20+ years. The official process is what someone goes through if they are renouncing their PR status themselves. However they are a number of ways in which PR status can be revoked which can be much simpler / faster.

No - landing paper does not equal PR. The landing paper is what allows you to come to Canada for the first time to become a PR. Just because someone still has their doesn't mean they are still a PR.