Hi All,
By way of background, I became a Canadian permanent resident in 2004, when I was approximately 13 years old. My family left Canada around a year later, when I was still a minor, and I have not returned to Canada since. I understand that this means I clearly do not meet the standard 730-day residency obligation.
However, I have recently been advised that my Canadian PR status has not been formally revoked and that I may still legally be a permanent resident unless and until an official decision is made removing that status.
I am now considering returning permanently to Canada. My intention would be to enter Canada by land from the United States, likely from Seattle, and present myself as a returning Canadian permanent resident. I would be travelling either alone first or with my family, depending on legal advice.
My family circumstances are as follows:
I have a long-term partner/wife, and we intend to be legally married before leaving the UK. We have children together, and she also has a 17-year-old son. I understand that, if we are legally married, her son may potentially be treated as my spouse’s dependent child for Canadian immigration purposes, provided he remains under 22 and is not married or in a common-law relationship. I would like advice on this point as well.
I am currently based in the UK and have a senior professional role as a Director in the property/real estate sector, earning a six-figure income. I am also in the process of selling my UK property, which may release approximately £200,000 in equity. I would therefore expect to have substantial settlement funds available, potentially CAD $300,000+ immediately accessible, with further funds available if required.
I would be seeking to relocate permanently, work in Canada, establish housing, enrol the children in school, integrate into the community, and build a long-term life there.
The key issue is that I am very concerned about being reported at the border for breach of the residency obligation. I would like advice on the likely process if this happens, including whether I would be allowed to enter Canada as a PR, whether a removal order could be issued, whether I would have a right of appeal to the Immigration Appeal Division, and how strong or weak my H&C case would realistically be.
I appreciate this is a long read, I look forward to hearing from you.
By way of background, I became a Canadian permanent resident in 2004, when I was approximately 13 years old. My family left Canada around a year later, when I was still a minor, and I have not returned to Canada since. I understand that this means I clearly do not meet the standard 730-day residency obligation.
However, I have recently been advised that my Canadian PR status has not been formally revoked and that I may still legally be a permanent resident unless and until an official decision is made removing that status.
I am now considering returning permanently to Canada. My intention would be to enter Canada by land from the United States, likely from Seattle, and present myself as a returning Canadian permanent resident. I would be travelling either alone first or with my family, depending on legal advice.
My family circumstances are as follows:
I have a long-term partner/wife, and we intend to be legally married before leaving the UK. We have children together, and she also has a 17-year-old son. I understand that, if we are legally married, her son may potentially be treated as my spouse’s dependent child for Canadian immigration purposes, provided he remains under 22 and is not married or in a common-law relationship. I would like advice on this point as well.
I am currently based in the UK and have a senior professional role as a Director in the property/real estate sector, earning a six-figure income. I am also in the process of selling my UK property, which may release approximately £200,000 in equity. I would therefore expect to have substantial settlement funds available, potentially CAD $300,000+ immediately accessible, with further funds available if required.
I would be seeking to relocate permanently, work in Canada, establish housing, enrol the children in school, integrate into the community, and build a long-term life there.
The key issue is that I am very concerned about being reported at the border for breach of the residency obligation. I would like advice on the likely process if this happens, including whether I would be allowed to enter Canada as a PR, whether a removal order could be issued, whether I would have a right of appeal to the Immigration Appeal Division, and how strong or weak my H&C case would realistically be.
I appreciate this is a long read, I look forward to hearing from you.
