Old Record of landing IMM1000

[omarse]

I am holding an Old Record of landing IMM1000 which is 20 years ago (1994), as my father was taking us to live there.
we left Canada without having the PR.
Now I want to go back to Canada
My Q is it still valid that I can use this papers (with or without my father included what so ever)?
what are the steps and options I have?

 

[zardoz]

I am holding an Old Record of landing IMM1000 which is 20 years ago (1994), as my father was taking us to live there.
we left Canada without having the PR.
Now I want to go back to Canada
My Q is it still valid that I can use this papers (with or without my father included what so ever)?
what are the steps and options I have?

Apply for a PR Travel Document from your local Canadian visa office. They will be able to tell you what your status is.

http://www.cic.gc.ca/english/information/applications/travel.asp

 

[Msafiri]

I am holding an Old Record of landing IMM1000 which is 20 years ago (1994), as my father was taking us to live there.
we left Canada without having the PR.
Now I want to go back to Canada
My Q is it still valid that I can use this papers (with or without my father included what so ever)?
what are the steps and options I have?

To maintain your PR Status you must meet the Residence Obligation (RO). This requires you to have physically resided in Canada for 730 days in any 5 year rolling period effective your landing date. There are exceptions such as when accompanying a Canadian Citizen spouse but the days requirement is often the applicable scenario for most PRs.

Obviously you don't meet the RO. However CIC doesn't know this as it has not come to their attention and they don't go around checking up on PRs and if they meet the RO. CIC will know of your breach usually through your interaction with them e.g you apply for a PR Card, to sponsor your family etc. Any such interaction formally referred to as an examination requires CIC to determine your residency and they do this by calculating the 730 days. If you don't meet the RO then CIC can report you for inadmissibility and your PR will be revoked if you don't appeal the report and/or if you appeal but lose before the courts.

1. If your citizenship does not need a visitors visa to Canada then fly back and deal with this issues at immigration. The agent may admit you as a visitor or give you a pass on the residency obligation. The latter is very unlikely but it can happen.

2. If your citizenship needs a visitors visa to Canada but you have a US Visa then fly to the US and enter Canada via a land border crossing with a non commercial carrier ie..private car, rental car, bike or foot. Again deal with your PR status at the border as 1.

If you enter Canada via either route above without being reported you need to stay in Canada for 730 days straight without leaving. This will put your PR status back on track and you can apply for a PR Card. This is because the law restricts CIC to only reviewing a 5 year block so your previous long term breach is mootif you have the 730 days.

3. If 1 and 2 above don't apply or you can't deal with the stress of not knowing what will happen at the border then apply for a Travel Document (TD) at the Canadian Visa post serving your country of citizenship/ residence. Unless you have compelling reasons aka Humanitarian and Compassionate circumstances you will get rejected with the same route/ outcome on appeal as the report sicne you don't meet the RO.

Case law has established H&C reasons to include serious medical conditions preventing your travel, caring for terminally ill relative etc. It excludes employment. Those removed from Canada whilst a minor (under 18 yrs) are also deemed to be H&C applicants and often get issued TD but you must raise this with the visa post int he TD application. Check for threads by poster with handle PrincessLuna if this applies to you to see what she submitted.

Good luck

 

[omarse]

Thanks for the reply
The thing is last time we were in canada was on 94 which is 20 years ago and my age was 14 years
So is there away with a lawyer or something to reuse these paper to get a TD and live and work there

 

[Msafiri]

Read my post again it tells you the options you have to re-enter Canada. No lawyer can make your RO breach go away so before wasting any money explore your options. What is your citizenship?

 

[zardoz]

Thanks for the reply
The thing is last time we were in canada was on 94 which is 20 years ago and my age was 14 years
So is there away with a lawyer or something to reuse these paper to get a TD and live and work there

Now that you have advised us of your current age, I think it's very safe to say that any H&C exemption based on "being removed as a minor" is no longer possible.

While Msafiri has given you a complete list of your possible options, I think that you need to take a step back and look at the reality of your situation.

a) You have no way to meet the IRPA defined Residency Obligation. This is a complete non-starter.

b) You are now 34 (ish), so you cannot claim to be returning at the first opportunity after having been removed as a minor.

c) You are in possession of a 20 year old document. It's doubtful that it is registered on any computer system, or if it is, the fact that it's so old will immediately trigger research by CBSA on entry, regardless of method of transport.

d) You don't actually know that it has not already been cancelled by some process that you were not party to.

e) Your immigration was conducted under the Immigration Act, 1976, which had much stricter residency requirements anyway. See "Loss of Status" http://www.asylumlaw.org/docs/canada/canada85_immigrationact.pdf Sections 24 and 25.

I stand by my advice. Formally apply for a PR Travel Document and determine exactly what your legal status is and what the status of that document is. It can be done without travelling halfway across the globe, only to run into a brick wall.

 

[omarse]

I do really appreciate ur fast reply and help.
Although there are some words I can't understand stand like the IRPA but I want to highlight that last time we were in canada weentered and leaving by car
So is that some thing that may help

 

[zardoz]

When was the last time you entered and on what basis? Did you enter as a "returning resident" or as a "visitor"?

 

[Msafiri]

IRPA - Immigration and Refugee Protection Act enacted June 28, 2002 - its the current law regulating admission into Canada including the requirements for PRs to maintain the Residence Obligation.

I concur with zardoz - your chances of a TD on the removed as a minor angle are slim to none as its not really the first opportunity upon reaching the age of majority to resolve this.

You need to get admission into the US to effect a land border crossing with just the Form IMM1000. Assuming you get into the US ok then expect to be sent to Secondary Inspection for a review of your 20 year old record of landing. Getting in without report is your hope but all depends on who you meet at the border.

Check the CIC website for current immigration schemes as these may be a more realistic option.

I think you've run the course with this topic!

 

[omarse]

Dears I got my FOSS report
and I really don't know what is the next step should be


I don't understand any thing but I have notice

Type 01 - WATCH FOR

Expiry date 2020

nothing under the Status of this Doc


so any clue

 

[scylla]

You have already been told what to do next several times in this thread. You need to apply for a Travel Document.

 

[steaky]

You have already been told what to do next several times in this thread. You need to apply for a Travel Document.

No, chances of a TD is slim to none.

Better to return to Canada via a land border on foot or non-commercial vehicle.

 

[omarse]

Ok I can manage to enter by land, Also there is a plan to get a visit visa and enter

so what should I do next after I enter this is my first Q

Also does the FOSS report shows any thing that is interested

 

[Leon]

In your situation, it is unlikely that you will find a way to keep your PR.

1) A travel document will almost certainly be denied based on that even though you were removed from Canada as a minor, you did not make arrangements to return as soon as you became an adult. If a TD is denied, that would be the first step to revoking your PR status officially. You can appeal this but you do not have strong grounds for an appeal so most likely your appeal would be denied and you would lose your PR.

2) If you are visa exempt to Canada, you have another option which is go to Canada, enter on your passport, then sit tight for 2 years at which time you meet the RO (residency obligation) and can apply for a PR card. If they did not catch you on entry not meeting the RO, they will have to give it to you and your PR status would be in good standing again. However, you would have challenges living in Canada for 2 years without a PR card. Many govt. establishments will ask for it. You may have problems getting a health card and getting a drivers license for example. It is possible using this method that the immigration officer realizes that you are a PR who doesn't meet the RO as you enter and in this case, they can report you on entry, see 3)

3) If you are not visa exempt to Canada, the only way you can enter is by the land border in a private/rented vehicle or on foot. You would have to present yourself as a PR and show your landing documents because you do not have a visit visa. The immigration officer will most likely report you for not meeting the RO in which case you would have 30 days to appeal. You would be able to stay in Canada during the appeal process but you do not actually have strong grounds for an appeal so you will most likely lose and be asked to leave. However, if they for some reason decide not to report you, you could stay for 2 years and then apply for a PR card, see 2). If you get reported on entry, any time you stay after that does not count towards your RO unless you win the appeal so even if your appeal takes 2 years or you hide from immigration, that would not put your PR back in good standing.

If you try to apply for a visit visa to Canada, you risk that they will realize that you are still a PR and will revoke your PR status, same as if you had applied for a TD.

 

[omarse]

Ok If i managed the point (2) enter and try to stay for 2 years

I already have a social insurance number (SIN) so does this makes me able to be eligible to get work.