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canada2088

Newbie
Aug 17, 2011
2
0
Hi

There are a lot of great posts on this site, but I have not found one reflecting something similar to my situation. Hence I am hoping that someone can help me with the following situation.

Background: I became Permanent resident in 1989 - went to high school in Ontario, went to University in Ontario (mech eng.), and worked in ontario until 2003
In 2004 i went to Europe to work to see the world with the intent to come back to Canada - (I was too stupid to look in to the PR card requirements)
in 2007 i started my Masters in Business in Europe (2 year program + a final thesis = i was done in sep 2010)
My PR card was to expire in Dec 2008 (and that is when I found out about the residency requirements).
Hence in the summer of 2008 I wrote to CIC about my situation and that I do intend to return to Canada when my studies are done.
The reply came 1.5 years later in Dec 2009 that I had lost my status as PR as there was no evidence of me wanting to settle in Canada - they advised that I contact the local visa office (Embassy here in germany) when I am ready to return to Canada after my studies about possible options.
I completed the Masters in business and graduated in Jan 2011 and then immediately contacted the Canadian Embassy about wanting to return - and asked (in reference to the CIC letter) as to what options/process is available for me to return.
They replied that they had to assess my status first - hence I resubmitted my docs - only for them to write me a letter in June 2011 saying that I had lost my PR status ( which CIC had done in dec 2009). I then wrote them again to say that I already knew the status, asking what process i need to follow to get back to Canada. They simply replied that there is no special process but that I could appeal the decision on PR status
So, my question to the members here - what application process can I use (without having a pre arranaged employment?) Should I appeal the decision (if yes, on what grounds)?
Is there something that the embassy missed? Is there a possibility that my parents (in Ontario) could sponsor me, even though I am now an independent child (32 years old)?
I am just frustrated that it is so hard for someone who grew up in Canada to return there.
Any help would be greatly appreciated.
 
Unfortunately your parents can't sponsor you since you are no longer a minor/dependent.

I'm sure others will throw in their two cents - however I don't think there's any point in appealing. Successful appeals are based on strong and extenuating circumstances. Education doesn't qualify since they will say you could have easily opted to attend school in Canada instead.

Have you looked into re-qualifying as an independent immigrant?

http://www.cic.gc.ca/english/immigrate/index.asp

Or possibly taking another graduate degree (this time in Canada)?

http://www.cic.gc.ca/english/study/index.asp

The second option won't get you residency. But at least it will get you here and then you can work towards qualifying again for PR.

Another option, as you've mentioned, would be to find an employer in Canada.

It's a real shame you didn't become a citizen (I'm assuming you would have qualified in the '90's). But what's done is done.

Good luck.
 
So you stayed in Canada 24 years (1989 - 2003) as a PR and you didn't file for Citizenship? That is so sad. It shouldn't be so.

Maybe sneaking back in would be an option? What passport do you carry? Is it visa exempt? Can you get to the US and get someone to drive you in? Once you are in then you can stay 730 days and then apply to renew your PR.

Question though: What prompted CIC to revoke(?) your status in December 2009? I don't get that part.
 
Alabaman, it sounds like his PR status was already revoked in which case it would not work for him to try to sneak in and stay for 2 years. If he had not contacted them in 2008, they never would have known to revoke his PR and then he could have done what you said.

canada2088, you must find an immigration class you qualify for. If you can't qualify for skilled worker because your occupation is not on the most wanted list and you can't get a job offer, it is also a possibility to apply under Quebec skilled worker because there a job offer is not needed. It does help if you speak French though. You can find the links for both skilled worker and Quebec skilled worker here: http://www.cic.gc.ca/english/immigrate/index.asp

Another option to come without a job offer is if you have close family in Manitoba or Saskatchewan. They could sponsor you under the PNP family stream there.

One more option is if your country of citizenship has a working holiday agreement with Canada. You could get an open work permit for a year and use the time to find an employer who will help you immigrate.
 
His situation kinda sucks... to know that he lived here most of his life (24 years)... he is more of a citizen than someone that just stayed 3 years and applied. Oh well, I guess the law is an ass ::)
 
I had a distant cousin who lived in Canada from age 10 to 50 or so but after a little run in with the law, he was deported. Just goes to show, if you qualify to apply for citizenship, do it.
 
Alabaman said:
His situation kinda sucks... to know that he lived here most of his life (24 years)... he is more of a citizen than someone that just stayed 3 years and applied. Oh well, I guess the law is an ass ::)

I am not so sure that the law is an ass in this case.
IMO the two big mistakes were, not understanding the rules regarding PR/citizenship and not getting advice before contacting CIC.

No matter how stupid the rules, it pays to understand them.
 
Baloo said:
I am not so sure that the law is an ass in this case.
IMO the two big mistakes were, not understanding the rules regarding PR/citizenship and not getting advice before contacting CIC.

No matter how stupid the rules, it pays to understand them.

I 100% agree. The responsibility of learning and understanding the rules lies with the PR holder (not the government).
 
canada2088 said:
Thank you I appreciate the time to help with my question - finding a job is my next step

Good luck!!!