Moving back to Canada - help please!

[skye-foxe]

Hey there!
So I moved to Canada with my family when I was 17 years old, but I only stayed for 6 months, before going back to the UK. I'm now 30 and deeply regret not sticking it out, and making a new life. My mother, father, and both of my sisters still reside in Canada, and are now British Canadians.
I'm looking to go through the process and apply for my own Visa, as I really miss my family, and want nothing more than to be together with them again. I also have a niece now, and want to be an Aunty that she actually knows.

I still have a sin number and my old permanent residency card, and am just wondering if anyone knows if this will help my visa process? Or will it cause problems?!

I'm going to go through the provincial nominee program, and I'm just looking for any advise that people have in regards to this?

Thank you in advance.

 

[Leon]

If your PR was never officially revoked, you still have your PR status. However, you do not meet the residency obligation (RO) which puts you in a bit of a grey area.

If you can enter Canada without getting reported for being in breach of the RO, you can put your PR status back in good standing by staying in Canada for 2 years straight before applying to renew your PR card.

This is possible because immigration rules only allow them to consider the past 5 years at the time they examine your status so if they don't catch you before you complete your 2 years, you will in fact meet the RO again. If you do this, you might run into some problems in the meantime getting a drivers license and less so health care and you will most likely have to have your SIN reactivated as you haven't been using it these past years. Some employers may ask for a PR card but it is not actually necessary to work. You just need a valid SIN.

If you would rather apply for a new PR through the PNP and you qualify, you would have to renounce your old PR status before you can be granted a new one.

 

[skye-foxe]

Thanks Leon
To be honest, as tempting as that sounds, I wouldn't want to risk it an jeopardise a future in Canada, so would go the proper route!
Any idea how to get a PR revoked?!
Thanks for all your help!!

 

[taffy7]

Are you nuts .. Leon advice is sound . You can renew your sin and in some parts of Canada you will be able to drive for 12 months on your uk licence. Also get heath coverage after so many months in Ontario its 3 months . Your not risking much come for a holiday activate your sin and stay for 2 years to keep your residency. You were a minor in Canadian laws when you left so didn't know what you were doing lol .

 

[Leon]

Thanks Leon
To be honest, as tempting as that sounds, I wouldn't want to risk it an jeopardise a future in Canada, so would go the proper route!
Any idea how to get a PR revoked?!
Thanks for all your help!!

You would not be jeopardizing your future in Canada if you do this. It's documented and allowed. The only problem is when you come to Canada, will you get reported for not meeting the RO or not. If the immigration officer says they want to report you, then you can renounce your PR to save them the trouble and then apply again under PNP. If they don't report you, even if they tell you that your PR status is gone, you are still PR, can stay for 2 years and revive your status.

 

[skye-foxe]

Thanks Taffy & Leon
I'd be looking at moving to Manitoba if that makes any difference?
Also, I come over once a year, and I have never been questioned on PR status as I always just go through the usual border control area for visitors from overseas. I'm not sure what information shows at Border control when they look you up!!
If I got found out, would they be able to deport me?!

 

[Leon]

If you have been walking through unnoticed, just do it one more time. Travel light like you are coming on holidays and have someone mail you boxes of stuff from the UK later. If you get reported on entry, they would start proceedings to revoke your PR which you could appeal although if you don't have good grounds to appeal, you would lose. If you lose your PR as a result, you would not get deported, you would be asked to leave but if you don't leave, you would eventually get deported.

If you don't get reported on entry and you don't apply for anything from immigration like a new PR card or to sponsor someone for 2 years and you stay for the 2 years straight, it is extremely unlikely that immigration will come looking for you in the meantime.

Your first step would be to go to Service Canada and ask to reactivate your SIN. Then you can apply for health care with your COPR and expired PR card. After that you can try for a drivers license.

 

[skye-foxe]

Thanks Leon You are an angel!!

So, do you think I should fill out my entrance card thing as usual, stating that I'm only staying for 2 weeks?

And do you know if I can reactivate my sin number from the UK, or if my mum could do it for me from Manitoba?

Thank you so so much for your help, I really appreciate it

 

[Leon]

Thanks Leon You are an angel!!

So, do you think I should fill out my entrance card thing as usual, stating that I'm only staying for 2 weeks?

And do you know if I can reactivate my sin number from the UK, or if my mum could do it for me from Manitoba?

Thank you so so much for your help, I really appreciate it

Yes, this is of course dishonest and usually it's not a good idea to lie to immigration. However, this is not a traceable lie in the sense that even though they later find out that you ended up staying 2 years and re-claim your PR status, they can not prove that this was your intention when you entered.

You should not re-activate your SIN until you have arrived and then you do it yourself.

 

[skye-foxe]

Brilliant, thank you

One more little query/problem... as of March, I'm going to need an eTA to come to Canada on holiday.
I don't have a valid PR card, so can't enter as a PR, but if I therefore have to apply for one of these, are they going to find out that I have PR status, but haven't been in Canada?!
It's going to take a while to sort stuff before I can move over, so I am planning on visiting my family in June/July time and am therefore wondering if this eTa is going to throw a spanner in the works?!

I know you only need one if arriving by air, so possibly by flying into the States and driving through the border, I may get round this?!

Sorry if this doesn't make sense, and once again, thank you in advance

 

[Leon]

I would be shy of the eTA because it could cause them to figure out you are a PR and start some more investigation into that so if you can't come before March, you should fly to the US and come across by train, bus or rental car. There is no eTA by land.

 

[skye-foxe]

I would be shy of the eTA because it could cause them to figure out you are a PR and start some more investigation into that so if you can't come before March, you should fly to the US and come across by train, bus or rental car. There is no eTA by land.

Thank you again for this Leon I'm hoping that it should be easy enough for me to fly to the US and cross the border with my UK passport, fingers crossed!!!

 

[skye-foxe]

And Leon... sorry to bother you again... but how do I reactivate my SIN number? What documents would I need? Like would I actually need my PR card for that?

Thanks again, really appreciate all your advise

 

[Leon]

And Leon... sorry to bother you again... but how do I reactivate my SIN number? What documents would I need? Like would I actually need my PR card for that?

Thanks again, really appreciate all your advise

There is actually a thread on reactivating here: http://www.canadavisa.com/canada-immigration-discussion-board/returning-canadians-sin-t57370.0.html You would have to go to Service Canada and ask them to verify that your SIN is dormant, then ask to reactivate it showing ID (passport) and proof of status (landing papers and expired PR card). Service Canada will not be going into if you meet the RO or not because that is not their job.

 

[skye-foxe]

Thanks for this Leon!!!

I'm worried about how I would explain my absence! I finished my schooling, but then I've just been stupid and immature and stayed in the UK without a valid reason other than personal reasons!!

Guess I will just have to see how this pans out!!

Thanks