PR card had expired - won't apply for TD, can I apply visitor's visa directly?

[canadabuddy]

Thanks again...

So what is the best bet for us....

1. Try and enter via US land route??
2. Try to get visitor visa through VFS counters in middle east??
3. Voluntary renounce PR status??
4. Apply for fresh PR, but age is not on our side, we will lose points...??
5. How much money is required for fresh PR based on Business immigration??

to cut the long story short.... we would like to return to Canada and settle there. I know we have woken up too late but still would like to check
on all the options before deciding to give up...

Please help in finding a solution....Thanks

 

[Leon]

You can try for visit visa but what do you plan to say on the application forms? That you are just coming for a short visit? You do not want to lie to immigration on any application form and I think it's very likely that they will see from your names and birthdates that you are already PR's.

If you do want to try for a visit visa, you do that first. If it doesn't work out, you can still go to the US and enter by land except your daughter who is not PR and who will need a TRV. If you want her to accompany you, you will have to apply for a TRV at least for her.

If you go by land and get reported, you can re-evaluate, based on your slim chances of winning an appeal, that you will renounce your PR. Your son plays a part here because if you appeal, you can stay in Canada for a year or two while they process your appeal. He has a much better chance of keeping his PR than you do and so you could help him by staying in Canada while he completes high school and hopefully he wins his appeal and can go on to university while you might lose your PR and have to leave. Another option would be to just appeal for him and leave him in Canada by himself.

I wouldn't go ahead and renounce PR status as a first choice until you have tried your other options. The system has changed a lot since you got your PR. Some immigration classes have been discontinued. You would have to go on the CIC website and see if you still qualify before you consider applying for PR again.

Thanks again...

So what is the best bet for us....

1. Try and enter via US land route??
2. Try to get visitor visa through VFS counters in middle east??
3. Voluntary renounce PR status??
4. Apply for fresh PR, but age is not on our side, we will lose points...??
5. How much money is required for fresh PR based on Business immigration??

to cut the long story short.... we would like to return to Canada and settle there. I know we have woken up too late but still would like to check
on all the options before deciding to give up...

Please help in finding a solution....Thanks

 

[canadabuddy]

Thanks so much for a quick reply.

Have checked and canadian visit visa is now available thru the VFS only. you dont need to go to the high commission. Not sure if they would be able to identify us as PRs.

If we do get the visit visa, then after entering canada can we appeal for PR renewal?

Thanks

 

[Msafiri]

Thanks so much for a quick reply.

Have checked and canadian visit visa is now available thru the VFS only. you dont need to go to the high commission. Not sure if they would be able to identify us as PRs.

If we do get the visit visa, then after entering canada can we appeal for PR renewal?

Thanks

scylla is on point with this one. Get a US visa for those who have PR status and cross into Canada via a land border crossing. Deal with your situation after entry depending on if you are reported or not. PRs are constitutionally entitled to be admitted into Canada regardless of report or not. If reported then there is due process to be followed in revoking your PR status. This due process takes anywhere from 1-4 years which give you plenty of time to come up with various strategies including seeking entrepreneurial schemes, appropriate education to enable a work permit etc. Applying for visitor visas while you know very well you are PRs is foolhardy and will raise misrepresentation which will compound your RO breach and likely lead to loss of appeal rights. Those who accept that family separation is the result of the RO breach and don't bother with TRPs (rarely granted) bring minimal attention to their situation with CIC.

 

[canadabuddy]

Thanks again.

We all have valid US Visa and have travelled to US in the past.

We will first try the land route through US. Would appreciate if you can answer a couple of more questions.

1. Should we show just the Landing papers and passports at POE and tell them we have forgotten the PR cards or our PR cards have gone for renewal?
2. Should we show the passports and expired PR cards and tell them that PR cards are due for renewal.
3. If we are allowed to enter without being reported, then will try and stay for two years before applying for renewal.
4. If we are allowed to enter but reported then will appeal, but as you said that it can take anywhere from 1-4 years and that time spent in Canada will not be counted towards RO. In that case can we appeal and come back to middle east and go to canada closer to our court date.
5. What kind of questions will be asked at the POE(US land route)
6. What is the secondary interview/

 

[Leon]

Thanks again.

We all have valid US Visa and have travelled to US in the past.

We will first try the land route through US. Would appreciate if you can answer a couple of more questions.

1. Should we show just the Landing papers and passports at POE and tell them we have forgotten the PR cards or our PR cards have gone for renewal?
2. Should we show the passports and expired PR cards and tell them that PR cards are due for renewal.
3. If we are allowed to enter without being reported, then will try and stay for two years before applying for renewal.
4. If we are allowed to enter but reported then will appeal, but as you said that it can take anywhere from 1-4 years and that time spent in Canada will not be counted towards RO. In that case can we appeal and come back to middle east and go to canada closer to our court date.
5. What kind of questions will be asked at the POE(US land route)
6. What is the secondary interview/

1. Lying to immigration is not a good idea. You can't renew your PR card from outside Canada anyway so they will see through it.

2. Show them the expired PR cards and tell them they are due to be renewed. This will likely cause questions about how long you were outside Canada and if you meet the RO and that is what you have to deal with and would be happening if you went with 1. anyway.

3. That is what you would have to do. After 2 years, you meet the RO again and can renew your PR cards.

4. The time spent on an appeal will count towards the RO if you win the appeal. If you are not planning on staying in Canada during the appeal processing, you don't even have to bother with the appeal because your almost zero chance of winning the appeal just became zero by leaving Canada after appealing, thereby showing that you are not serious about the appeal and not ready to settle in Canada at this point. And how about your son who might want to study in Canada? Staying during the appeal processing would help him complete high school and get settled in Canada before starting university. He actually has a decent chance at winning his appeal and keeping his PR.

5. How long were you outside Canada? Why were you outside Canada? Do you realize you didn't meet the RO and that your PR status is gone? Do you want to renounce your PR and be allowed to enter with a visit visa? You should not agree to renounce your PR status at this point unless that is what you really want. In some cases they even tell you that your PR is gone without reporting you which means you don't officially lose your PR and can still stay for 2 years and renew your PR card. If they want to report you, you can tell them to go ahead. You would be allowed to enter and have 30 days to appeal.

6. Secondary is when they pull you out and put you in the back office to talk with somebody else on a more serious note. It can also happen that they want to report you but you are asked to come back to the border at a different time and talk with someone else. I knew of one case where such a second interview with a more senior officer resulted in somebody not being reported after all.

 

[canadabuddy]

Thanks for your reply.

One more question...

My wife used to work with a Canadian bank in India.

If at the POE (US Land route), we show our passports, expired PR cards and my wife's business card that will show her designation and the bank's name and tell the officer that we are now returning as the Bank is gradually reducing their presence in India.

We inform the officer, we are now returning back to Canada and will have our cards renewed. The explanation behind this would be that RO is taken care of as she was working with a Canadian organization. Would the officer ask for additional paperwork at the border and what are the chances that we will be allowed entry without being reported

 

[Leon]

Thanks for your reply.

One more question...

My wife used to work with a Canadian bank in India.

If at the POE (US Land route), we show our passports, expired PR cards and my wife's business card that will show her designation and the bank's name and tell the officer that we are now returning as the Bank is gradually reducing their presence in India.

We inform the officer, we are now returning back to Canada and will have our cards renewed. The explanation behind this would be that RO is taken care of as she was working with a Canadian organization. Would the officer ask for additional paperwork at the border and what are the chances that we will be allowed entry without being reported

Saying your wife was working for a Canadian bank and showing a letter from the bank could help your chances not to get reported. I am not sure anybody can tell you how good your chances are because it depends very much on the immigration officer. Some are strict and always report and others are lax and let a lot of people though. It can also depend on their mood on that day and the feeling they have about you, if you are deceiving them or not. If you do get reported, you can use the Canadian bank angle for your appeal but that doesn't mean that immigration will accept it. Generally to be able to use a Canadian employer as a way to keep your PR, it should be a Canadian business and your wife should have been working for them before you left Canada and have been transferred to an overseas position.