PR Abandoned..what do I do now?

[cantek]

Hello everyone!

Here is my story in brief:

1. I am married with four children, all of whom are non-Canadian citizens
2. I have parents, brother and sister in Canada who are either citizens or Permanent residents
3. In 2005..myself, wife, 2 elder kids obtained PR in Canada.
4. My 2nd child's PR card had complications as the photo taken upon landing was incorrect, and I have several letters in reference to that matter.
5. In 2008, we traveled to Canada on a Travel Document and had photo retaken for PR Card. We had to leave after 4 months as my Grandma was very ill.
6. Before leaving, I spoke to CIC agent where they advised that I can apply for Travel Document again to collect PR Card.
7. It took more than 6 months to receive the PR card notification for collection. Note that PR Card can be collected within 6 months and child has to go in person.
8. In 2009, I applied for Travel Document for my 2nd child to collect the PR card which was refused. I tried to resolve the issue by attempting to collect my child's PR card myself, however, CIC did not respond to my request.
9. After a week we receive letter from Canadian Embassy that our 2nd child has lost residency status. This was shocking as the residency should've been intact until 2010 and PR card collection time had not past yet. Although given the opportunity to appeal their decision, me and my wife did not appeal it at the time.
9. In 2010, our 3rd child was born and our PR cards were expiring (myself, wife, elder child) so I applied for Visit visa for my 2nd and 3rd child which were both rejected.
10. Hence, I ended up traveling alone with hope to sponsor my children and somehow renew my PR card later once I have completed residency days.
11. A friend recommended a lawyer who had given guarantee that he could get my PR card renewed but it did not go as planned and I was asked to attend hearing to prove my residence in Canada. The lawyer advised not to attend and wait until 2 years to reapply. Meanwhile, due to marriage issues I had to go back home to reunite with my wife.
12. In 2012, CIC sent letter to have abandoned my PR card application. CIC did invite to attend the nearest Canadian Embassy to discuss options of returning to Canada to apply for a new PR card which I did not avail and kept quite as advised by the lawyer.
13. In 2014, we had our 4th child. Hence, the two youngest ones do not have any sort of residence status in Canada.

Now I wish to return to Canada with my wife and 4 kids. I want to reunite with my family especially since my parents and sister had also recently immigrated to Canada.

Can anyone advise on the options which I have to return to Canada once and for all?

Many Thanks!

 

[zardoz]

While you provide a lot of information, you don't tell us if you are now in compliance with the residency obligation requirements, or even close to it. Are you certain that your PR status has not been revoked already because you didn't attend the hearing?

 

[cantek]

Thanks Zardoz for pointing that out.
We are not in compliance with the residency obligation of 730 days.
We could not settle back in Canada due to problems with my Child's PR card which was never received.
In 2008 we decided to move permanently so we could complete the 730 days and applied for my child's PR card. But then my Grandma fell ill and expired so we had to travel back home.
In 2009 I applied for Travel document again for my child which was refused and we could not collect her PR card in Canada.
Later in 2010 my PR application was also not successful and deemed abandoned by CIC.

 

[pfse]

I think there is nothing you can do to restore you PR status at this point. If you wish to accuire canadian pr again you need to start from scratch.

 

[Msafiri]

Thanks Zardoz for pointing that out.
We are not in compliance with the residency obligation of 730 days.
We could not settle back in Canada due to problems with my Child's PR card which was never received.
In 2008 we decided to move permanently so we could complete the 730 days and applied for my child's PR card. But then my Grandma fell ill and expired so we had to travel back home.
In 2009 I applied for Travel document again for my child which was refused and we could not collect her PR card in Canada.
Later in 2010 my PR application was also not successful and deemed abandoned by CIC.

1. As far as I can tell some of your family members (You/Spouse) have PR, Some have lost PR after PRTD rejection (your kids) and your failing to appeal and some never held PR (born outside Canada). You are in the same situation as thousands of other PRs that stay outside Canada so long that they breach their RO. Their PR Cards expire and then the RO issue comes to a head. You have been lucky that CIC has not pursued loss of PR proceedings all they did was close your PR Card renewal application. You are very lucky and remain a PR for now until your next interaction with CIC/CBSA when your RO will be reviewed again.

2. Your only realistic option is to return to Canada via a US land border crossing (you need a US visa). Carry your documents that prove x number of says of the RO breach are due to the illness/ bereavement - the CBSA agent at the border may accept this as a H&C reason and admit you without report. Once is Canada remain for 730 days and accept that despite any emergencies that arise you are better to stay put in Canada and suffer family septation for the greater future good.

3. Once you have 730 days then apply for a PR Card and sponsor the non PRs family members. This option typically requires one of the PR parents usually the mother to remain back in the home country to take care of the young non PR children. Check out posts by user handle 'GRV' he has the same situation as you and there ere multiple responses on this including the risks of applying for TRV's and TRPs. Don't apply for a PRTD if you can in any way get a US visa - the visa post is more likely to bounce a PRTD application. This assumes your passport is not visitor visa exempt to Canada.

http://www.canadavisa.com/canada-immigration-discussion-board/few-scenarios-on-ro-help-needed-t253278.0.html

 

[cantek]

Thanks everyone for your help.
I have one more question.
Landing: 2005
PR renewal: 2010
PR renewal application abandoned by CIC: 2012 (after not having attended the interview to show proof of residence)
Am I still considered a "resident" and can try to enter through the land border?
If they let me in, will they inform before reporting me?
In case I don't want to get reported, is it better to relinquish my residency and will they issue a TRP/TRV for me to settle my account/investments in Canada?
The idea is not to have a negative track record and lose the chance to reapply for immigration in the near future.
Hence, is there any chance they can completely refuse entry considering I am still having my expired PR card (2010) and landing paper (2005)?

 

[ifeedly]

Them reporting you simply mean that a determination will be made on your status, where they will advise you whether you are still PR or not.
if you state everything straight there is nothing negative reported. worst case scenario they say you lost ur status
best case scenario some of your family member may still have status.

and when you look for lawyers, dont look for lawyers or representatives who give guarantee as nobody can give any guarantee about anything to do with government. The first red flag is somebody offering guarantee.