Permanent Residence Revival without staying 2 years in Canada

[vitalman]

I was immigrated to Canada on basis Spousal (family class immigration) in 2004. I stayed in Canada for complete three years and then I applied for Citizenship but respected Judge issued me questionnaire which I was not able to answer. Then my second PR Card was issued in 2010 and with that card I came back to Pakistan. With the renewed PR Card, I went to Canada for few days only and after that I have been staying in my home country. My Second PR card expired in 2015 as I was not able to go back due to unavoidable circumstances. I also want to inform you that my 4 children are adults and living in Canada and my wife died in 2009. Please let me know if there's any possibility that I could secure my permanent residency back? What could be the possible procedure to have my pr back?

 

[Leon]

It depends on the unavoidable circumstances. If you have been away all this time based on humanitarian grounds like taking care of a sick relative or having serious health issues of your own, you can try applying for a PR travel document. If they grant you one, you can go back to Canada, renew your PR card and stay forever. If they deny, you can appeal it but if you lose the appeal, you lose your PR.

If you have been away for other reasons than humanitarian grounds, say not willing to give up a job etc. or you simply do not want to take the risk with a travel document, you can try to get a US visa and enter Canada from land with your expired PR card. You will have to explain yourself to them. If they report you for not meeting the RO, you can appeal. You may stay in Canada during the appeal processing which may take 1-2 years. If they don't report you, you can enter, stay for 2 years straight and your PR status will be in good standing again.

If you lose your PR status either through applying for a travel document or being reported on entry, you can apply for PR again if you qualify. Possibly one of your children can sponsor you.

 

[vitalman]

Thank you for your reply. I have two queries:
1. I dont have any solid proof to claim travel documents on basis of humanitarian ground. I just stayed in home country for no reason. What could be alternative ways you will suggest me to try humanitarian ground option?

2. Secondly, when my first PR expired I was in my home country so I applied for travel documents and my application was approved as I had completed residency obligation. Now, my second PR card was expired in January 2015 and I have not completed residency obligation of two years. Will this have any bad impact on my case as the question is asked in Travel Documents IMM 5524 form that "IF I have applied for travel documents before?" SO yeah will it be a negative?

3. Lastly, if my travel documents application gets refused, what are the chances to retain it in appeal process?

I shall be very thankful to you as I really need to go back now.

 

[scylla]

1. This was already answered in Leon's reply. You could try to re-enter Canada by land from the US instead of applying for the travel document. If you are successful entering Canada by land from the US, you will need to remain in Canada for two straight years before applying to renew your PR card.
2. No - this won't be a negative. However there's no point applying for a PRTD under humanitarian circumstances if you have no proof or no real humanitarian reason for failing to meet RO.
3. You should assume there's no chance of success given you have no humanitarian grounds for your appeal.

 

[vitalman]

Thank you so much for your reply sir.
Well it does not make any sense to my that how would the border agency allow me to enter on PR card which was expired January 2015 (1 year 8 months ago)? did anyone enter canada like this in Past? Please explain me this. I shall be thankful to you!

 

[scylla]

Thank you so much for your reply sir.
Well it does not make any sense to my that how would the border agency allow me to enter on PR card which was expired January 2015 (1 year 8 months ago)? did anyone enter canada like this in Past? Please explain me this. I shall be thankful to you!

Please join the Permanent Residency Obligation section of this forum. Yes - many people have done this and this topic is discussed there extensively. Provided you have your COPR and can enter the US as a visitor - this is a feasible way to try to save your PR status. There's no guarantee it will work - but you can certainly try.