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Permenant Residency Status still active!!!

zhonline

Newbie
Feb 17, 2022
4
0
Hello. In 1994 I got my landed immigration visa and made landing in Toronto and stayed for 3 months only. I left Canada and never came back for some family reasons. I have recently checked my social security number over a website and I found out that it is still valid; in other words, my Permanent residence status is still valid and has never been revoked. However, If I want to come back to Canada, a travel document will not be issued due to my absence from Canada exceeding legal period. Is there any way to go around this.?? I need to have PR card issued. I still have my landing immigration visa documents comprising: SIN card, RBC card & cheque books, and health insurance card handy ???? could you please advise. Kindly, would it be possible to find a way to go back to canada on humantarian and compassionate grouds, since I am currently in Syria which is a hardship country suffering from war and US sanctions for years??? I would highly appreciate it, if it would be possible at least to answer my question through email. Again, thank you for your response, and look forward to your cooperation and help.
 

Kaneet

Newbie
Feb 17, 2022
1
0
Dear sir/ madam
My family landed in May , 2011 at Vancouver, Canada on PR. I was minor at that time . I studied grade 7& 8 in Edmonton. My parents could not cope with initial stress of job, studies, family responsibilities and decided to return to India. Though I never wanted to come back, and liked the schooling , social security system , but being minor and financially dependent and with no relatives in foreign land to stay with I had no option but to come back . Now , I ve completed my graduation, but am very depressed thinking had my parents stayed back .. I would had a wonderful quality life in Canada .. I do have my sin , pr card, Alberta health card. My query
✅ is there any law/ act under which my PR status could be restored as I was minor at that time and could not affect my parents decision to move back .. pl guide
 

scylla

VIP Member
Jun 8, 2010
93,111
20,621
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello. In 1994 I got my landed immigration visa and made landing in Toronto and stayed for 3 months only. I left Canada and never came back for some family reasons. I have recently checked my social security number over a website and I found out that it is still valid; in other words, my Permanent residence status is still valid and has never been revoked. However, If I want to come back to Canada, a travel document will not be issued due to my absence from Canada exceeding legal period. Is there any way to go around this.?? I need to have PR card issued. I still have my landing immigration visa documents comprising: SIN card, RBC card & cheque books, and health insurance card handy ???? could you please advise. Kindly, would it be possible to find a way to go back to canada on humantarian and compassionate grouds, since I am currently in Syria which is a hardship country suffering from war and US sanctions for years??? I would highly appreciate it, if it would be possible at least to answer my question through email. Again, thank you for your response, and look forward to your cooperation and help.
You are right that a travel document will not be issued. Your only option is to fly to the US and then to re-enter Canada through a land border using a private vehicle. So the first step will be to obtain a US visa to allow you to travel to the US and enter that country. When you enter Canada, you will need to hope you are not reported for CBSA for failing to meet the residency requirement. If you are reported, you will be allowed to enter Canada however you will have to appear at a hearing to argue why you should be allowed to keep your PR status despite not meeting the residency requirement. If you are successful at this hearing, then you will be able to keep PR. If not, then you will lose your PR status officially and will have to leave Canada. If, however, you are not reported by CBSA at the border for failing to meet the residency requirement, you will then need to live in Canada for 2 years straight (without leaving) and only then will you be able to renew your PR card. During this two year period, you will not be able to sponsor any family members for PR.

No, there is no way to return on humanitarian and compassionate grounds. Your only option at this point is to re-enter Canada through the US using a land border crossing.
 
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scylla

VIP Member
Jun 8, 2010
93,111
20,621
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Dear sir/ madam
My family landed in May , 2011 at Vancouver, Canada on PR. I was minor at that time . I studied grade 7& 8 in Edmonton. My parents could not cope with initial stress of job, studies, family responsibilities and decided to return to India. Though I never wanted to come back, and liked the schooling , social security system , but being minor and financially dependent and with no relatives in foreign land to stay with I had no option but to come back . Now , I ve completed my graduation, but am very depressed thinking had my parents stayed back .. I would had a wonderful quality life in Canada .. I do have my sin , pr card, Alberta health card. My query
✅ is there any law/ act under which my PR status could be restored as I was minor at that time and could not affect my parents decision to move back .. pl guide
You would need to apply for a PR Travel Document (PRTD) with H&C considerations based on the fact you were removed from Canada as a minor by your parents. Whether the PRTD is approved in your situation can depend on a number of things, including how long you and your parents spent in Canada before leaving. If you only spent a short time and didn't really establish any real ties, the PRTD may be refused. If you lived in Canada for a decent amount of time before leaving (e.g. more than a year), then the PRTD should be approved. Here's the link to apply:

https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-travel-document/how-to-apply.html
 

canuck78

VIP Member
Jun 18, 2017
53,022
12,783
Hello. In 1994 I got my landed immigration visa and made landing in Toronto and stayed for 3 months only. I left Canada and never came back for some family reasons. I have recently checked my social security number over a website and I found out that it is still valid; in other words, my Permanent residence status is still valid and has never been revoked. However, If I want to come back to Canada, a travel document will not be issued due to my absence from Canada exceeding legal period. Is there any way to go around this.?? I need to have PR card issued. I still have my landing immigration visa documents comprising: SIN card, RBC card & cheque books, and health insurance card handy ???? could you please advise. Kindly, would it be possible to find a way to go back to canada on humantarian and compassionate grouds, since I am currently in Syria which is a hardship country suffering from war and US sanctions for years??? I would highly appreciate it, if it would be possible at least to answer my question through email. Again, thank you for your response, and look forward to your cooperation and help.
Would add that if you don’t have a valid PR card you may run into many problems like not being able to access healthcare, your SIN# is dormant, etc. Whether you are able to retain your PR status will be primarily based on whether their H&C reasons why you could not have moved to Canada within the past 30 years. That will be very hard to overcome. Entering without being reported will also be difficult because you are from a country that requires a TRV. If you have a US visitor visa and depending on your circumstances (whether you have a spouse/children, whether you are the only income earner, whether you have health issues, etc. you may want to try your luck realizing the odds are not great but not 0.
 
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zhonline

Newbie
Feb 17, 2022
4
0
Would add that if you don’t have a valid PR card you may run into many problems like not being able to access healthcare, your SIN# is dormant, etc. Whether you are able to retain your PR status will be primarily based on whether their H&C reasons why you could not have moved to Canada within the past 30 years. That will be very hard to overcome. Entering without being reported will also be difficult because you are from a country that requires a TRV. If you have a US visitor visa and depending on your circumstances (whether you have a spouse/children, whether you are the only income earner, whether you have health issues, etc. you may want to try your luck realizing the odds are not great but not 0.
Thank you for your reply. Kindly, I can explain to you why what prevented me return to Canada at all ( I have a strong reason), but I need a Private room to talk. Waiting for your. Thank you again.
 

canuck78

VIP Member
Jun 18, 2017
53,022
12,783
Thank you for your reply. Kindly, I can explain to you why what prevented me return to Canada at all ( I have a strong reason), but I need a Private room to talk. Waiting for your. Thank you again.
Sorry don’t do PM but we’re talking about not being able to move for 30 years. How old are you now? How old were you when you landed? It would be almost impossible to show that there was preventing you from relocating if you wanted for that long. Things like not being able to be away from family isn’t a reason.
 
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zhonline

Newbie
Feb 17, 2022
4
0
Sorry don’t do PM but we’re talking about not being able to move for 30 years. How old are you now? How old were you when you landed? It would be almost impossible to show that there was preventing you from relocating if you wanted for that long. Things like not being able to be away from family isn’t a reason.
Ok. I will tell you, Before immigrating to Canada, I used to work for a very influential Syrian-French business man who owns a big fortune at the global level including ultra 7 starts hotel, airline carriers in france and other places. I worked for him almost 3 years in syria and I used to deal with him personally. during this period, I noticed that he is a kind of Bi-sexual person and started to do some sexual harrassments to me; therefore, I quit the job and moved away. unfortunatly, he kept tracing me everywhere......(Money & Political influence). In 1994, I was 24, I landed in Canada and started to work and everything went fine. Then, I received a notification from my mother and sisters that he was sending some threats to them and demanding that I come back to syria. At this point, I made a decesion to return to syria to see what he wants. when I came back, as a revenge for not being at his service, since he does not accept rejection, he said: if you try to leave th country again...you never know what will happen to you and your mom and sisters.!!!! I had no choice, but to stay and In syria you cannot challange such a guy by calling the police or anything else...!!!!!! too sad..!!!! I spent all of my life here and during this period I had my own I.T. project management office and was very carefull never to challange him.!!!!! fortunatelly, this man, died a few months ago, and I really felt happy and said to my self, now he cannot frame me or send me to hell in many ways, such as claiming to the regime that I am an opponent and I never like it !!!!!!!
What I am telling you is 100% true. excuse my English language, if I mis-expressed.
Now, would the IRCC consider this issue and let me return on humantarian and compassionate grounds?? or would you know someone can help with my case?? Thank you.

(Now, I am 52 with great experience in Information technology). (during my residency in Syria, I left for a few days to lebanon and Dubai and had to return)
 

scylla

VIP Member
Jun 8, 2010
93,111
20,621
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Ok. I will tell you, Before immigrating to Canada, I used to work for a very influential Syrian-French business man who owns a big fortune at the global level including ultra 7 starts hotel, airline carriers in france and other places. I worked for him almost 3 years in syria and I used to deal with him personally. during this period, I noticed that he is a kind of Bi-sexual person and started to do some sexual harrassments to me; therefore, I quit the job and moved away. unfortunatly, he kept tracing me everywhere......(Money & Political influence). In 1994, I was 24, I landed in Canada and started to work and everything went fine. Then, I received a notification from my mother and sisters that he was sending some threats to them and demanding that I come back to syria. At this point, I made a decesion to return to syria to see what he wants. when I came back, as a revenge for not being at his service, since he does not accept rejection, he said: if you try to leave th country again...you never know what will happen to you and your mom and sisters.!!!! I had no choice, but to stay and In syria you cannot challange such a guy by calling the police or anything else...!!!!!! too sad..!!!! I spent all of my life here and during this period I had my own I.T. project management office and was very carefull never to challange him.!!!!! fortunatelly, this man, died a few months ago, and I really felt happy and said to my self, now he cannot frame me or send me to hell in many ways, such as claiming to the regime that I am an opponent and I never like it !!!!!!!
What I am telling you is 100% true. excuse my English language, if I mis-expressed.
Now, would the IRCC consider this issue and let me return on humantarian and compassionate grounds?? or would you know someone can help with my case?? Thank you.

(Now, I am 52 with great experience in Information technology). (during my residency in Syria, I left for a few days to lebanon and Dubai and had to return)
You can certainly try applying for a PR Travel Document under H&C. However given you only spent 3 months in Canada (never established yourself here) and haven't been back since 1994, there is pretty much zero chance of approval. I do not think there is any chance IRCC will consider your case on humantarian and compassionate grounds. But you can certainly try. You would follow the normal process to apply for a PR Travel Document but requet H&C consideration and provide very strong evidence to prove your H&C case. You will need to provide hard evidence of the threats that stopped you from returning to Canada and also prove these threats remained for almost 30 years, preventing your return.

Be prepared for the PR Travel Document to be refused. That's almost certainly going to be the outcome. Once the PRTD is refused, you will officially lose PR status as well.
 
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Duffa

Star Member
Jul 28, 2018
53
21
You can certainly try applying for a PR Travel Document under H&C. However given you only spent 3 months in Canada (never established yourself here) and haven't been back since 1994, there is pretty much zero chance of approval. I do not think there is any chance IRCC will consider your case on humantarian and compassionate grounds. But you can certainly try. You would follow the normal process to apply for a PR Travel Document but requet H&C consideration and provide very strong evidence to prove your H&C case. You will need to provide hard evidence of the threats that stopped you from returning to Canada and also prove these threats remained for almost 30 years, preventing your return.

Be prepared for the PR Travel Document to be refused. That's almost certainly going to be the outcome. Once the PRTD is refused, you will officially lose PR status as well.
i thought a hearing has to take place before someone loses their PR status
 

Duffa

Star Member
Jul 28, 2018
53
21
Dear sir/ madam
My family landed in May , 2011 at Vancouver, Canada on PR. I was minor at that time . I studied grade 7& 8 in Edmonton. My parents could not cope with initial stress of job, studies, family responsibilities and decided to return to India. Though I never wanted to come back, and liked the schooling , social security system , but being minor and financially dependent and with no relatives in foreign land to stay with I had no option but to come back . Now , I ve completed my graduation, but am very depressed thinking had my parents stayed back .. I would had a wonderful quality life in Canada .. I do have my sin , pr card, Alberta health card. My query
✅ is there any law/ act under which my PR status could be restored as I was minor at that time and could not affect my parents decision to move back .. pl guide
Apply for PTRD. They might give you on humanitarian and compassionate grounds as you were a minor. I came across a thread where this happened. They gave the minor and denied the parents
 

armoured

VIP Member
Feb 1, 2015
15,613
7,946
Apply for PTRD. They might give you on humanitarian and compassionate grounds as you were a minor. I came across a thread where this happened. They gave the minor and denied the parents
True but they seem to give far more weight when applicants were removed as minors and then (crucially) tried to return as soon as possible after coming of age, i.e. 18 or so in most cases.

This case: grade 7/8 in 2011 ~12 years of age at the time, 11 years ago - now ~23 years. Make the best case possible given these circumstances (eg if there were factors that made applying at age 18 impossible).
 

scylla

VIP Member
Jun 8, 2010
93,111
20,621
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
i thought a hearing has to take place before someone loses their PR status
Not if you apply for a PRTD and it is refused. No hearing in that case unless you appeal.
 

zhonline

Newbie
Feb 17, 2022
4
0
If I apply for PRTD, I will do that online or at the nearest Canadian embassy in the middle east, and in my case it should be Lebanon. If the PRTD is refused and I appeal, is the appealling procedure process online or will I be admitted to Canada to attend the hearing??
 

scylla

VIP Member
Jun 8, 2010
93,111
20,621
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
If I apply for PRTD, I will do that online or at the nearest Canadian embassy in the middle east, and in my case it should be Lebanon. If the PRTD is refused and I appeal, is the appealling procedure process online or will I be admitted to Canada to attend the hearing??
You do not apply through the Canadian embassy. You apply throught the VAC in the country where you are now if the VAC is open. If the VAC is closed, then you apply via email.

https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/permanent-residents.html#outsidecanada

If you are refused and appeal, that appeal will be held with you outside of Canada.