I lost my pr status in 2011 and I am working in USA on H1b visa. How can I apply for pr renewal? I dont meet residency conditions in canada as I did not stay there long enough... Can I use travel document to go back and appeal? I have my parents still living in canada on PR.
Lost my PR status while working in USA
- Thread starter asjaggi
- Start date
DGT
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- Dec 5, 2012
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- Category........
- Visa Office......
- London
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 19-10-12
- Doc's Request.
- N/A
- AOR Received.
- 13-11-12
- File Transfer...
- 14-11-12
- Med's Request
- 11-03-13
- Med's Done....
- 23-04-13
- Interview........
- N/A
- Passport Req..
- Exempt
- VISA ISSUED...
- 20-06-13
- LANDED..........
- 29-06-13
Do you have a PR card? If so, I believe you could return to Canada, and then ensure that you do not leave again until the residency requirement is met. A senior will advise I'm sure.asjaggi said:
How was this loss effected? Did you apply for a Travel Document and it was rejected? Via an appeal before the Immigration Board? As for returning depends on how many days you fail the residence obligation, why you fail, how PR was lost etc....you don't give enough detail for anyone to give you an appropriate response.asjaggi said:
Thanks for Y"all for replies.....
Out of 5 years I was doing PHD for 4 years. During 4 years I frequently visited my parents/home (during holidays) totaling 100 days. After my pr card expired I never went back. I have expired pr card, SSN, health card, etc with me. SO, the basis for re=appeal would be education outside canada ( I receieved pr canada when I was already enrolled in phd program in usa) and also all of my family is in canada.
Out of 5 years I was doing PHD for 4 years. During 4 years I frequently visited my parents/home (during holidays) totaling 100 days. After my pr card expired I never went back. I have expired pr card, SSN, health card, etc with me. SO, the basis for re=appeal would be education outside canada ( I receieved pr canada when I was already enrolled in phd program in usa) and also all of my family is in canada.
Obviously, you can try, but I seem to remember that in another thread on here, education was not valid as an appeal justification. Good luck however...
If you are ready to go to Canada, you could try showing up at the border with your expired PR card and see if they let you in without reporting you for not meeting the residency requirements. If they do, it means you still have your PR even though you don't meet the requirements. In that case, you should stay in Canada for two years straight without leaving and without applying for anything from immigration. At the end of the 2 years, you will meet the residency requirements again for the past 5 years and can apply to renew your PR card without consequences.
However, if they report you on entry for not meeting the requirements, they will still let you enter Canada but you must appeal for your PR. However, education outside Canada is not considered a very good excuse and they will ask if you just wanted to complete your PhD, why did you not try to return as soon as you completed it? You say you gained your PR when you were already in this program and you completed it after 4 out of the 5 years of your PR card so you could have returned for the last year while your PR card was still valid.
If you do not want to try your luck at the border, you can apply for a travel document from the US and list your reasons there. If they refuse which they probably will, you will lose your PR. You could of course apply again if you qualify under some immigration class. However, most immigration classes today need a job offer.
However, if they report you on entry for not meeting the requirements, they will still let you enter Canada but you must appeal for your PR. However, education outside Canada is not considered a very good excuse and they will ask if you just wanted to complete your PhD, why did you not try to return as soon as you completed it? You say you gained your PR when you were already in this program and you completed it after 4 out of the 5 years of your PR card so you could have returned for the last year while your PR card was still valid.
If you do not want to try your luck at the border, you can apply for a travel document from the US and list your reasons there. If they refuse which they probably will, you will lose your PR. You could of course apply again if you qualify under some immigration class. However, most immigration classes today need a job offer.
Yes, if they are in the US or can get to the US with a US visa, they can travel to the border and cross in a rental car or on foot. An airline would ask for a visa, a valid PR card or a travel document but if you get yourself to the border, there's no problem with that.zardoz said:
The immigration officers report people sometimes but sometimes they don't. If somebody arrives and insists that they really are living in Canada and they didn't realize their PR card was expired before they left or even if they admit that they didn't meet the requirements but they had a good reason, the immigration officer might just shrug and let them in or maybe give them a speech first.
They could report them officially if they wanted to and sometimes they do but it seems to me that it is more common that they don't.
If you didn't have a good reason for staying outside, taking your chances with the immigration officer at the border is the best way because there is a chance they will let you enter and then all you have to do is stay in Canada for 2 years. You are still a PR, you can work. Just don't apply for anything from immigration and don't leave.
If you decide to go for a travel document instead, the embassy will have to look at if you meet the requirements and if you had a good enough reason to not meet them. If they decide that you didn't, you don't get the travel document and your PR is gone.