Landed Immigrant ... Returning from US after 16 years.

[Hobbyman254]

Hello everyone,

This is first time i am posting to this forum ... your input is appreciated!

Here in my scenario:

Migrate to Canada in year 2000 with my wife and 4 kids as landed immigrants. In 2001 we all moved to US and never come back to Canada. I never had PR card nor did I applied one, but I have my landing papers, health card (expired), SIN card and driving license (expired).

Now as per my current situation, my marriage has ended and I am living alone in US. I want to come back to Canada via port of entry. What are my options and possible scenarios I can face at POE.

Please advise!.

Thanks,

 

[scylla]

One of two things will happen: (1) You'll be reported at the border for failing to meet the residency requirement. If that happens, you'll be asked to appear at a hearing to argue why you should be allowed to keep your status and should expect to lose it. (2) You won't be reported at the border and will be able to successfully enter Canada. If that happens, you'll need to remain in Canada for two years to meet the residency requirement before you'll be able to apply for a PR card. During this time, it's possible you may find it difficult to do something like get an updated health card.

 

[Rob_TO]

Hello everyone,

This is first time i am posting to this forum ... your input is appreciated!

Here in my scenario:

Migrate to Canada in year 2000 with my wife and 4 kids as landed immigrants. In 2001 we all moved to US and never come back to Canada. I never had PR card nor did I applied one, but I have my landing papers, health card (expired), SIN card and driving license (expired).

Now as per my current situation, my marriage has ended and I am living alone in US. I want to come back to Canada via port of entry. What are my options and possible scenarios I can face at POE.

Your residency obligation violation of 16 years will be plainly obvious to any CBSA officer you encounter. I would say odds are incredibly high you'll be reported for not meeting RO, and process started to revoke your PR status. It sounds like your time in US was for your own family's personal reasons and nothing to do with H&C reasons, meaning an appeal would probably also be denied.

 

[Hobbyman254]

Thanks for the reply Rob_TO and scylla. Do I need a PR to enter in Canada via my personal vehicle from US? And also if I am not reported can i get the temporary PR card to go back to my home country via air travel?

Also if the process started to revoke the PR status, how to appeal? any recommendation of good lawyers in Toronto and GTA area? Please help.

 

[scylla]

No - you don't need a PR card to enter Canada using your private vehicle. You will just use your landing document.

No - you won't be given a temporary PR card if you're able to re-enter. If you decide to leave before meeting RO (i.e. before spending two years in Canada), then when you re-enter you'll once again risk being reported for violating the residency requirement. If you're serious about keeping PR, you need to return to Canada and then remain here for two years straight.

Appealing will be pointless if you are reported and PR is revoked - and hiring a lawyer will be a waste of money. After 16 years, there's really no H&C case you can make for retaining PR.