Possible options if I do not meet 2/5 year req.

[aleksandarm]

Related
-I came to Canada in 08/1999, got my PR status in december same year
-Left in 2005
-Received a TD on h and c grounds in 2008 but failed to comply due to reassons i can prove held me back
-Planing to go back in 2013

note i have family in Canada (step mother,brother), many friends from high school and elementary school, work expiriance. I also have a formal job offer from a canadian business.

Now im considering ways which are more likely to get me to Canada as soon as possible. I know i can apply for a travel document again, i can revoke my PR status at the ambassy and hope they grant me one if i start the whole process all over again. I read on this forum that i can go throuhg US boarder crossing and hope immigration officer dosent report me. . .

BUT. Is it in any way possible to lets say obtain a tourist visa-go through the boarder at the airport-remain in canada for 2 years (i have a valid SIN card which i can use)- after 2 years go to the immigration office and apply for a PR card (i must note that i never had a PR card issued before).

What are your thoughts on this? I mean, im aware of the fact that i would have to hide my presents in Canada as a PR on the application form for a travel visa and that can have consiquances for me but how can they find out? Or better of how far will they go to dig through my application after all its just a travel visa and i have all documents proving i intend to come back from Canada ( current emplyment letter, invitation letter from my family, two-way ticket, substantial amount of cash ...)

Thank you in advance for your thoughts. I havent decided yet which way to go, im currently gathering all the info i can get.

 

[scylla]

BUT. Is it in any way possible to lets say obtain a tourist visa-go through the boarder at the airport-remain in canada

You don't qualify to apply for a tourist visa because you are a PR. If you apply your application will be refused.

Even if you don't mention that you're a PR on the application, CIC will easily figure it out - you're in their database. This kind of lie could create even bigger problems for you than you're already facing.

 

[aleksandarm]

Thank you ill keep that in mind. I will probably try to get a TD again, since im pretty confident they'll aprove it. I have nothing to hide.

One more question if you dont mind..

Can someone else apply for a IMM 1000 from canada in my name beacuse i lost it (it was stapled to my passport and i lost it- i have evidence of that from my home countrys consulate in Toronto)?

 

[Msafiri]

Thank you ill keep that in mind. I will probably try to get a TD again, since im pretty confident they'll aprove it. I have nothing to hide.

One more question if you dont mind..

Can someone else apply for a IMM 1000 from canada in my name beacuse i lost it (it was stapled to my passport and i lost it- i have evidence of that from my home countrys consulate in Toronto)?

If you have or can get a US visa then anectodal evidence is that crossing the land border is less likely to result in being reported. This is preferable to getting a TD unless the compelling reason that resulted in you getting a TD back in 2005 continued and/or got worse.

 

[scylla]

Thank you ill keep that in mind. I will probably try to get a TD again, since im pretty confident they'll aprove it. I have nothing to hide.

Are you planning on applying for the TD on H&C grounds again? If so, you should be aware your chances of being approved are probably quite low. CIC does not look positively on those who recieved a TD on H&C once - and then fail to comply with the residency obligation after that (even if they have good reasons for not doing so). CIC views this as a lack of interest in settling in Canada.

 

[aleksandarm]

I was diagnosed with cancer in 2008 shortly after i recived my TD. After few cycles of chemo im fine now im just guessing this is a pretty good reasson for me not being able to come back. Would they preffer if I got treatment on behalf of canadian tax payers?

Like I sadi im still looking into my options. This US crossing story seems to be too much of a risk. Like for ex. I fly to NY on a tourist visa. I meet up with a friend (canadian citizen) in Niagara Falls US. We together drive through in his car and then what? First of all arent US officers going to ask me for a passport (which will have a tourist visa in it)? wont Canadian authorities look into my passport and see i have a tourist visa with entry at NY few days earlier? Im not sure what to expect and this is making me belive that this way of entering Canada is probably likly to get me into trouble..

 

[scylla]

I was diagnosed with cancer in 2008 shortly after i recived my TD. After few cycles of chemo im fine now im just guessing this is a pretty good reasson for me not being able to come back.

It's a real coin toss. Medical reasons typically aren't considered for H&C if you could have sought treatment in Canada.

But you can certainly give it a try and see what happens. Make sure you include doctor's notes, hospitialization records, treatment records, etc. that cover the period from 2008 until now.

Glad to hear you're better.

 

[aleksandarm]

Yeah i already have that all translated and notarized at the local Court. Im prepating to send them about 30 pages of proof from 2005 untill now which will hopefully be enough.

Now if they reject my TD does that automaticly mean i lose my PR status? Would I in that case be able to apply for a PR status all over again in lets say a month after they reject me? I feel I have solid chance to obtain a PR status again since I meet all the requirments starting from family in canada (my brother who is 16 and my step mother - i read they look at her as my mother since my dad and her merried when i was 10 and we lived in a sam household for years), i have substantial amount of cash, I finished High School and Elementary School in Canada, I can get a job offer from a Canadian employer etc..

So really i dont want to go "all in" in getting to Canada. I dont want any of my actions to affect my future plans if you know what i mean.

 

[Msafiri]

I was diagnosed with cancer in 2008 shortly after i recived my TD. After few cycles of chemo im fine now im just guessing this is a pretty good reasson for me not being able to come back. Would they preffer if I got treatment on behalf of canadian tax payers?

Like I sadi im still looking into my options. This US crossing story seems to be too much of a risk. Like for ex. I fly to NY on a tourist visa. I meet up with a friend (canadian citizen) in Niagara Falls US. We together drive through in his car and then what? First of all arent US officers going to ask me for a passport (which will have a tourist visa in it)? wont Canadian authorities look into my passport and see i have a tourist visa with entry at NY few days earlier? Im not sure what to expect and this is making me belive that this way of entering Canada is probably likly to get me into trouble..

I think your chances of a TD are good if you can detail/ provide evidence of the cancer. Its obviously advanced enough to have had chemo. Did the doctor advise against travel? Most people perefer seeing their regular doctor so it could be argued you did not want to start afresh with chemo in Canada. Your arguement would be even stronger if your normal residence is in a Province with a waiting time for health coverage e.g Ontario...who is going to travel back to Canada and wait 3 months to get coverage for expensive chemo..private insurace won't cover you for pre-existing conditions.

if your TD is denied you have 60 days to appeal to the Immigration Board. If you don't appeal then your PR is lost.

The via US route has the advantage that the border agent has to do an immediate Residence Determination...maybe he/she is just thinking of the Super Bowl game and sees its too much of a problem to question you extensively and will just let you in. However the main advantage of land border crossing is you are there in person so your credibility or lack of is more clear. It may just swing it for you..that's why people ask for their day in court right?

You need a return ticket upon US entry...I wouldn't mention Canada to the US CBP...once you are in the US then the land crossing option is available.

If you get reported at the land border you have 30 days to appeal to the Immigration Board. If you don't appeal in 30 days you've lost your PR and will be issued a departure order.

If you appeal and win you keep your PR. If your appeal fails you can appeal to the Federal Court (but you need their permission to do so).

Appeals at each level take around 12 months to be listed.

If you get in without being reported you should remain in Canada for 730 days straight to meet the Residency Obligation and apply for a PR Card.

Ultimatley its your call - good luck!

 

[aleksandarm]

Thanks for making some things much clearer to me. Province in which i resided is Ontario so i can use that 3 month waitning list argument. i was in fact advised not to travel so i have that + also.

Like I said im still looking into things I can do and eventualy i will determine which way is the best.

Thank you !

 

[Msafiri]

Welcome and good luck...all the best with your health too.

 

[aleksandarm]

Is it a problem to enter canadian side from US without a PR Card (i never had one issued) rather with a IMMO 1000? Now since i dont have that either, can somebody i trust ex. family member or a close friend apply on my behalf within canada? I saw processing time is like 6 months but i didint get info if I personaly have to apply..