Long expired PR and to renew PR inside / outside Canada?

[Giovanna]

Hi,

I have read through loads of thread yet I am not sure what's the best to do to renew my PR.

I was landed with my parents in 1989 and I were 19 at that time. Later in 1995, my parents obtained citizenship in 1995.
After I landed for a certain period of time (i could not remember but definitely not more than 1 year), then I studied abroad in US then flew back
to my home country in 1995/1996. I don't have a PR card (maybe I lost it) yet I have a SIN card starting with "7" but no expiry date.
Ever since then, I have not returned to Canada at all.

Now that I would like to stay in Canada therefore I am looking for what I should do to achieve it.

I have read the threads and summarise 2 ways to "renew" my PR:

1) To fly to Canada with my visa exempted passport and not declare I have a PR status. Yet, it would be subjected to the immigration office to report my case.
If it is reported, then I would have to file a case to renew my PR using what grounds?

2) To apply a PR travel document in my home country and stating the reasons for not able to fulfil the Residency Obligations?
If I am going to use this way, does it mean that I apply the renewal using H&C grounds?
If it is to used the H&C grounds, my reason would be accompanied my parents who are in my home country. I have siblings yet 2 in USA and one in China, therefore, I am the only child (since I am not married) to take care of them in my home country. That's the reason I have not returned to Canada ever since then.

I am now not sure which approach to use for my case. Please would anyone help advise? Much thanks

Gio

 

[Leon]

It is very unlikely that they will let you renew your PR card or give you a travel document based on humanitarian grounds because you chose to leave of your own free will as an adult and you have spent decades outside Canada since then without giving any humanitarian grounds for something preventing you from meeting the RO.

Your parents being alone in Canada does factor into humanitarian grounds because according to immigration, a family is a couple and their minor children. Once you reach adulthood, you are no longer a part of your parents family nor are they a part of yours. There is an option in immigration rules for a Canadian PR to sponsor their parents to Canada if they show they can support them and take financial responsibility for them for 20 years after they land but there is no such option for parents to sponsor adult children.

So.. do not waste your time trying to apply for a PR travel document based on humanitarian grounds.

As for flying to Canada with your visa exempt passport, there is now something new called eTA which is a pre-approval thing for visa exempt visitors. Basically you have to apply for this online before you go and as they will most likely find out that you are a PR when you do this and will then refuse the eTA and tell you to apply for a PR travel document instead.

One option for you would be to travel to the US and enter Canada by land from the US. Then you don't need eTA and it is not certain that the immigration officer realizes that you are a PR. If they don't, they may let you in thinking you are a visitor. This is of course also dependent on you also looking like a visitor which means you do not bring to Canada all your worldly possessions. If they do realize that you are a PR, they could ask about it and they may report you for not meeting the residency obligation (RO).

If they let you in without reporting you, you can put your PR status back in good standing by staying in Canada for 2 years straight. You may however have problems because you do not have a PR card and you should not try to apply for one in that case until you meet the RO again. However, not having a PR card can cause you problems when trying to get a drivers license, health care and a job. Your SIN has been set to dormant status years ago because you weren't using it so you would have to go to Service Canada and apply for your SIN to be reactivated. I do not know if they will require a PR card to do that. If you can't reactivate your SIN, you would not be able to work.

Another option would be renouncing your PR status and applying again but that depends on being eligible to apply under a current immigration class.

 

[Giovanna]

Hi Leon,

My sincere thanks for your prompt reply and detailed explanation.

Am I correct that even I am the only chile to be able to take care of my parents would not be sufficiently convincing to substitute as H&C grounds? My parents went back to our home country once citizenship was obtained in 1995. At that moment, though I have turned to an adult, I were the only one to take care of them. Later on, he was sick and then passed away in 2005. So my mum thereafter is on her own alone. She is now in our home country and thinking to be back to Canada for good. Can I used the above as the mitigation reason? (My apology for being repeated as I am trying to supplement with more info)

If entering the Canada by car and I am luckily not being reported, How to prove my record of 2 years RO in Canada? I have prepared sufficient living costs for 5 years straight in Canada. What documentation is required to prove that I have been there for 2 years straight? If I buy/flat there and pay the utilities bills, would it be sufficient as the proof?

I have an US driver license and a visa free exempted passport (not USA) so would it be a better chance to enter into Canada with these documents by not telling i have a PR status? What would the immigration officer do ask, I have to be honest to do so?
I assume this way to enter by car should proceed before the mandatory ETA on 1 Aug 2016?

If i am being reported after entering into Canada and I then file for the H&C application, do I have to stay till the result being released?

Final question is that the H&C application should be apply inside or outside Canada?

Sincere thanks again Leon!

Gio

 

[Leon]

It changes the situation somewhat that your father has died. If your mother went back to Canada she could sponsor you for PR again based on that she is alone in Canada and has no other relatives that she can sponsor. However, such an application is likely to take a long time (34 months according to the CIC website) so it is a better idea that you and your mother go together if you want to try this or you go alone and see if you can get in and then send for your mother if it works and gain your PR status back by staying for two years.

If you enter from the US, you will have a stamp in your passport proving when you entered. If they ask you something, you have to tell the truth but you don't have to tell them something they don't ask. Renting an apartment will help prove that you are living in Canada and if your mother joins you, you can accompany her to doctors appointments to make sure the doctor knows you are taking care of her and can write a letter for you later if necessary.

If you try to apply for a travel document on humanitarian grounds however based on that your mother needs you in Canada to take care of her, I think they will likely say that as it has been your and your mothers choice to live outside Canada for the past 20 years, you can easily continue doing so. Also keep in mind that as your mother spent only a few years in Canada, she will not be eligible for old age security pension. Canada pension plan depends on if she worked during the time she was in Canada but only a few years, she wouldn't get much there either so you might have to support her financially. May I ask why this sudden dream of going to Canada after 20 years? What is wrong with your home country? If you are fleeing a war situation, of course you might actually have humanitarian grounds. However, keep in mind that if you apply for a travel document and are denied, they will revoke your PR as a part of the process and you will not have the chance anymore of returning and spending two years to put your status back into good standing.

If you do lose your PR that way, the option would still be open that your mother goes alone and tries to sponsor you. You are visa exempt and could visit her during that time but an immigration officer would however have to be satisfied on each of your entries that you are only visiting and will return to your home country.