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fatima107

Newbie
Apr 12, 2014
3
0
I am an Indian national, and had permanent residency of Canada which expired on 10 MAY 2011. I had applied for it along with my husband who is also a permanent resident of Canada. After some disputes, he has detained illegally my PR card and SIN card and all relating documents of Canadian immigration without my knowledge and is stating that he has lost them. I had entered Canada through visa issued at Buffalo on 13th April 2006. Now I am in USA on a student visa doing my MBA and I want to get back my PR card and immigrate to canada. I dont know if I can travel back to Canada with a travel document and reapply for PR or not. Please let me know the procedure to get my PR again.
 
How long did you live in Canada? There is a residency obligation to keep your PR and it involves spending at least 2 years in Canada in any 5 year period. Since you have been a PR for more than 5 years, they will look at the past 5. If you meet this residency obligation, that is, you spent at least 730 days in Canada in the past 5 years, you can apply for a travel document from an Canadian embassy in the US and when you get it, go to Canada and apply to renew your PR card.

However, if you do not meet the residency obligation, you are really not in the position to demand anything from immigration. If you want to attempt to save your PR, you can tie up all your loose ends in the US, go to the border and state that you are a PR but you have lost your documents. If you have your landing documents, you can use them as proof of your status. Otherwise, they might refuse to believe that you are really a PR and send you back. If they are convinced that you are a PR, they will ask you some questions like how much time did you spend in Canada in the past 5 years, do you meet the residency obligation and if not, then why not, when did you lose your documents and did you report your lost documents to immigration or the police. If they are convinced that you are a PR, they have to let you enter but they could report you for not meeting the residency obligation. If you want to keep your PR, you would have to appeal for it within 30 days of having been reported. You would be allowed to stay in Canada as a PR during the time it takes to process your appeal which could be 1-2 years.

Winning your appeal would be based on the reasons why you did not meet the RO. They may give you a chance if you had H&C grounds like medical reasons, taking care of a sick family member etc. Choosing to live outside Canada and studying outside Canada would not be seen as a good reason.
 
Thanks a lot for the reply. Incase I want to apply for the PR again as I did not spend any considerable time in Canada, is that possible? What is the procedure and how long would it take me to get the PR again?
 
If you want to reapply for PR you will need to read through the various immigration programs below to determine if you qualify to apply and through which program. Note that the requirements for immigrating have likely changed quite a bit since you and your husband applied:

http://www.cic.gc.ca/english/immigrate/apply.asp

Processing times are here:

http://www.cic.gc.ca/english/inFORMation/times/index.asp
 
Thanks again. Will it be easier to go through an immigration attorney who might be able to help me file or should I file independently? Any references for a reliable attorney? Will my case be advantageous or disadvantageous to me in terms of my application? Is having a previous PR which expired a plus point or no?
 
It's your choice whether you use a lawyer or not.

The fact someone is a former PR holder will be neither an advantage or disadvantage. You'll have to qualify just like everyone else.