PR expired in 2009 and would like to come back to Canada

[fromnowhere]

Hi,

I have a similar sort of situation and would like your advice.

I got my PR in 2005 and landed in Canada with my wife in 2005 as well. My PR card expired in 2010. During these five years I was only able to stay for 6 months but I did visit every year. I have a son who was born in Canada as well. I then left to UK as I got a job and am currently living in UK. I have recently received my UK PR and would like to return to Canada because my child is going to be 6 and I want him to start his schooling in Canada. What are my options from the following?

1) Currently, I am a national of a visa required country. Could I travel on expired PR card (expired in 2010)? Would it be better to travel via USA land border as I have a USA visa? Do I need to show my expired PR card or would the landing document (issued in 2005) will be sufficient?

2) Next year, I will be getting UK passport and could enter Canada without any visa. Is it possible that I enter Canada using a UK passport? Will I still be considered Canadian PR once I enter Canada on UK passport though I got my original PR on another nationality? Once enter Canada I then stay in Canada for two years and renew my PR card. Is it possible? Will I have to show Canada immigration my expired PR card?

Any advice will be appreciated.

Thanks,

P

 

[Leon]

1) You can not travel on an expired PR card. An airline will not let you board with that. If you have a US visa, you can enter Canada from the US with your landing documents, expired PR card or both. You may have to answer some questions about if you meet the residency requirements and how long you have lived in Canada in the past 5 years. In the end they will let you enter Canada, with or without reporting you for not meeting the residency requirements. If they report you, you will have to appeal for your PR and you may lose. If you don't get reported, you live in Canada for 2 years, then apply to renew.

2) It is possible that they will not realize that you are a PR if you use your UK passport. It is just a question if it could be considered misrepresentation of some type if you enter as a tourist without revealing that you are a PR.

 

[fromnowhere]

Hi Leon,


Thanks for your quick response. I am a little confused regarding you second point. "It is just a question if it could be considered misrepresentation of some type if you enter as a tourist without revealing that you are a PR". What does this actually mean? Could you explain more please? Also in this scenario, if I enter Canada and live for two years, will I be able to renew my PR card?

Many Thanks,

P

 

[Leon]

Thanks for your quick response. I am a little confused regarding you second point. "It is just a question if it could be considered misrepresentation of some type if you enter as a tourist without revealing that you are a PR". What does this actually mean? Could you explain more please? Also in this scenario, if I enter Canada and live for two years, will I be able to renew my PR card?

Can you see that it would be at least a little bit dishonest to sneak into Canada on a new passport pretending to be a tourist when you are really a PR who doesn't meet the requirements and are intending to stay for 2 years in order to re-instate your PR status? That is why I said it may be considered some sort of misrepresentation. However, I have no idea if you would be in trouble for it or not. So far, I have not seen anybody say that they got in trouble because of it. The operational manual for immigration regarding PR residency requirements just says that if I PR enters Canada and stays for 2 years, they can qualify to renew their PR card, even if they were outside Canada for many years before that.

 

[fromnowhere]

Thanks again Leon.

But if I use my UK passport to travel and then show the UK passport and the expired PR card to the immigration officer, Will they let me enter?

In your opinion, what is the safest bet? Enter on the UK Passport or enter through the USA?

Thanks,

P

 

[Leon]

If you plan to show your expired PR card and stand ground while they lecture you for being away too long, it doesn't matter if you use a UK passport to enter or if you go through the US/Canada border.

 

[fromnowhere]

Thanks Leon,

In either case, they will allow me to enter? Am I right to say this?

Thanks,

P

 

[fromnowhere]

Also.. if I use UK passport and show my expired PR card which has different nationality on this, will they be any problem?

Many thanks

 

[Leon]

You can explain that you have gained UK citizenship and show your old country passport as well if they ask.

They will allow you to enter but what they could do if they know or suspect that you do not meet the residency requirements is report you for it and you would then have 30 days to appeal for your PR. However, it does not seem to be all that common to get reported.

 

[smithapatil]

As you said my case is really different from others.I got my PR in 2005 because of my husband and workded for about 7 to 8 months in canada and filed it returns for that year and joined my husband as he was working in india.We have two childen and because of some personal problems we are staying apart from one month, kepping my kids feature in mind i am thinking of renewing my PR Card if possible.Being canadian citizens dont they have any right to live and study in canada.He is not in touch with us from past one month and i dont know where he is now pls guide me to fight for my childrens right.

 

[fromnowhere]

Many thanks Leon. Much appreciated.

 

[andrea.machado3]

I returned back from Canada after completing 592 days out of the 2 years obligation that I had to complete due to my widowed mum being ill & my only sister has settled in Vancouver. I just went through a divorce (March 2012) & had to attend to my mum's health & also myself being very upset over the event. My PR card expires 12 Sept 2012. Is there anyway possible that I can retain my PR & try to go back beginning 2013 as soon as I know my mum can handle herself alone & I am a bit finnacially stable to help her????

 

[Leon]

As you said my case is really different from others.I got my PR in 2005 because of my husband and workded for about 7 to 8 months in canada and filed it returns for that year and joined my husband as he was working in india.We have two childen and because of some personal problems we are staying apart from one month, kepping my kids feature in mind i am thinking of renewing my PR Card if possible.Being canadian citizens dont they have any right to live and study in canada.He is not in touch with us from past one month and i dont know where he is now pls guide me to fight for my childrens right.

The children have the right to live in Canada but that doesn't mean that you do. You have to prove that your husband was living there until last month. You must have some mail or something from him that proves that he did. If you can prove that you meet the residency requirements by having lived with a Canadian citizen spouse, you can get your travel document and go to Canada and get a new PR card.

However, if you are currently in the process of getting a divorce from your husband, he left, you don't know where he is and you want to take the children to Canada, you also have to keep in mind that as the father of the children, he has rights too. Depending on which country you are in and if this country is a party to the Hague convention on custody, your husband can complain that you took the children out of the country without his consent.

 

[clubcanada]

I'm still missing some info though but Leon is right. Based on what I;ve seen you're most likely eligible to keep your PR status under the condition that you followed your husband to a foreign country. He must be a Canadian citizen and you must be in a valid/recognized marriage.

The only advise I can give you is to get in contact with your husband and settle for good. Without his consent you will have a really hard time to a) keep your PR status and b) to take your children to Canada as you will need a number of documents and approvals from him. I'm not an expert in family law but if I'm not mistaken if you take your children abroad (even to Canada, which is not necessarily their 'home') without their father's knowledge and consent you might get in serious trouble for kidnapping.

 

[shoaibsid]

@fromnowhere @Leon

I have been thinking to do the same, basically to enter Canada on UK passport (without mentioning current PR card to avoid any unpleasant situation caused by IO) than live up to 2 years to renew my PR card.

The only problem I'm thinking over staying in Canada as tourist upto 2 years may cause negative impact on my UK passport history and may raise some inquiries from UKBA/CBA

any thoughts on that risk factor??? as last thing I wana do is to jeopardise or any negative profile about my UK passport