PLS HELP, PR STATUS EXPIRED

[Sihobari]

Hi everyone

I need to go back to Canada and i currently live in Burundi.
I left Canada in December 2012 for personnal reasons and studies , because it was cheaper abroad. My PR card was expired by one month when i left, but i was going back to my country so i didnt need a card to travel since i still had a burundian passport.

So i was outside Canada with an expired PR card. Which is not realy an issue. I could have applied for a new one at a canadian visa office.

My issue is that we are now in 2017 and i havent gone back to Canada not once.
I have checked fhe requirements and its most likely that i am so lose my resident status if i apply for a PRtD at the canadian visa office in Dar es salam.

I really am lost and dont know what to do now because i really want to come back.

Do you think the visa office in Dar es salam could issue me a PRTD anyway, if i dont meet the requirements ?

Does anyone have experienced the same situation as me ?

My country is doing bad politically, we just got out of a civil war , and bad things are going on here.
I regret leaving Canada the way i did in a Rush, and now all i want is to go back and work towards a better life.

Please i need advice.

 

[Bs65]

You can try applying for a PRTD but as you have guessed given you have failed to meet the residency obligation it will probably be refused and the process to revoke your PR status may be started.

If you have a US visa you could try entering via the US land border given as a PR you are entitled to enter Canada , however you could still be reported for failing residency, it is a gamble whether you get reported or not. If you successfully enter and are not reported you would need to stay for 2 years without leaving at all.

H&C reasons to get a PRTD would be the only other route but staying away for personal reasons and studies on their own are not really a good case unless the personal reasons were for example to support seriously ill close family. An almost 5 year absence though makes this option less likely to succeed.

Cannot comment whether you could build any case off the back of the civil war issue.

 

[Rob_TO]

As you said, the reason for leaving was personal choices and for study. There are typically not seen as H&C reasons to keep your PR status.

Any way you attempt to re-enter Canada (either by PR TD or at US/Canada land border), I would expect you will see process started to revoke your PR status. You can always appeal the decision, although I'm not sure if the current political situation of your home country will have any bearing on you not meeting the residency obligation. My guess is probably not.

 

[Sihobari]

I entered Canada in 2005 via the US border...
I am trying to say that i ve already applied for a US visa in the past, port of entry was Washington, but then i entered Canada .
Does that count as an Exit ?

Am i able to apply for a US visa again ?

 

[canuck78]

The RO left when his PR was already expired. I don't think that will help his case. He also returned to Burundi and I beileve he received refugee status from Canada. Am I correct in saying you were a refugee?

 

[Rob_TO]

I entered Canada in 2005 via the US border...
I am trying to say that i ve already applied for a US visa in the past, port of entry was Washington, but then i entered Canada .
Does that count as an Exit ?

Am i able to apply for a US visa again ?

What you did in 2005 is probably irrelevant today. You can certainly try applying for a US visa, of course there is no guarantee you'll get it.

Even if you did, entering Canada at USA land border will still probably result in you being reported and process started to revoke your PR status.

 

[canuck78]

If you were a refugee from Burundi and returned to your home country after you received your PR your status in Canada will be revoked.

 

[Sihobari]

If you were a refugee from Burundi and returned to your home country after you received your PR your status in Canada will be revoked.

I didnt return right away, it was 5 years later. I was actually supposed to aplly for my citizenship which i didnt unfortunately.

 

[Sihobari]

What you did in 2005 is probably irrelevant today. You can certainly try applying for a US visa, of course there is no guarantee you'll get it.

Even if you did, entering Canada at USA land border will still probably result in you being reported and process started to revoke your PR status.

I understand;

Its better i try my luck at the border than at the canadian visa office. I think It is easier in the case i get 30 days to appeal the decision ..

 

[canuck78]

If you got refugee status and then returned to Burundi for 5 years Canada assumes you no longer need protection and you will lose your PR status. Even if you are able to cross the border and remain in the country for 2 years and try to renew you PR card it will be denied. The one big rule as a refugee is that you are never able to return to your home country even if you have become a PR or citizen.

 

[Sihobari]

What if The reasons i seeked for asylum in 2005 were no longer active in 2012 ,
Am i supposed to never go back to my country even when the threat is gone ? Or else i lose my residency ?
I got separated with my family when i left , and after 5 years it was safe to land in my country.
Last year and half there was war and things are bad again.
The reasons i left for in the first place, are no longer. But still Canada had become my new home..I know people with a canadian residency who travel back to their country every 2 years

 

[Sihobari]

And what if manage to stay 5 years and re apply for residency , since they check the last 5 years only

If you got refugee status and then returned to Burundi for 5 years Canada assumes you no longer need protection and you will lose your PR status. Even if you are able to cross the border and remain in the country for 2 years and try to renew you PR card it will be denied. The one big rule as a refugee is that you are never able to return to your home country even if you have become a PR or citizen.

 

[Rob_TO]

What if The reasons i seeked for asylum in 2005 were no longer active in 2012 ,
Am i supposed to never go back to my country even when the threat is gone ? Or else i lose my residency ?
I got separated with my family when i left , and after 5 years it was safe to land in my country.
Last year and half there was war and things are bad again.
The reasons i left for in the first place, are no longer. But still Canada had become my new home..I know people with a canadian residency who travel back to their country every 2 years

Correct, if you got PR as a refugee you are never supposed to return to your home country. You are expected to meet your family in other countries.

This is grounds to revoke your PR status even without the RO violation. Even if you can return to Canada and they don't see this, when you eventually apply for citizenship and they see you returned to your home country for so long, there's a good chance they will deny your citizenship app and revoke your PR status at that point.

 

[Sihobari]

Correct, if you got PR as a refugee you are never supposed to return to your home country. You are expected to meet your family in other countries.

This is grounds to revoke your PR status even without the RO violation. Even if you can return to Canada and they don't see this, when you eventually apply for citizenship and they see you returned to your home country for so long, there's a good chance they will deny your citizenship app and revoke your PR status at that point.

Jesus..
So you guys are telling me there is no way i can go back to Canada ??

 

[Rob_TO]

Jesus..
So you guys are telling me there is no way i can go back to Canada ??

You don't meet the RO, plus you returned to your home country as someone who got PR as a refugee.

Personally I think your chances are slim to none to keep your PR status, but of course you can still try. Would suggesting talking to a lawyer about what returning to home country as a refugee means for your PR status.

Really not sure why you're surprised, you made the personal choice to not stay in Canada or meet RO for past 5 years, so what did you expect??