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

[simo2012]

Hi,
I left left canada with my wife in July 2009 after 3.5 years of residency due to familly obligations (my wife sister was very sick and my wife decided to stay with her). Our PR card expired in sept 2009. My wife sister passed away 3 months ago and since we dont have a reason to stay there, we would like now to come back to Canada to live with our 2 sons. we are told to apply for travel document. do you think that we have a chance to get it. what kind of document do we need to provide to the ambassy? and do we need any document from our sons in canada (invitation, engagement,)?
many thanks for your help

 

[Leon]

If you have not been back to Canada since 2009, even to visit, you have now just passed the threshold of your 3 years allowed outside (July 2012). Under normal circumstances, you would not be granted a travel document but because you were taking care of a seriously ill close relative, you have a chance to ask for it on Humane and compassionate grounds. Apply as soon as possible before even more time passes. Prove your wifes sisters illness and death if you can by medical records, statement from treating physician, death certificate. Prove that they were sisters, for example by showing both their birth certificates naming the same parents. I assume your sons are grown if you left them in Canada but it might be taken into consideration that you want to join them again so you should mention that they live in Canada. Prove that they are your sons (their birth certificates) and some proof that they live in Canada, for example, university transscript, job letter etc.

 

[simo2012]

Many thanks Leon. I'll ask for the travel document now. thanks

 

[smithapatil]

Re: PR expired and would like to come back to Canada

Hello,
I am out of Canada since 6years and my PR Card has expired in 2009, i wanted to bring up my children in Canada,who are canadian minors.What is the process should i approach to go bank and settle in Canada with my children.

 

[Leon]

Re: PR expired and would like to come back to Canada

I am out of Canada since 6years and my PR Card has expired in 2009, i wanted to bring up my children in Canada,who are canadian minors.What is the process should i approach to go bank and settle in Canada with my children.

If you are visa exempt to Canada or can come from the US in a private car, you can attempt to enter Canada and see what happens. However, with a PR card that expired in 2009, immigration will know immediately that you do not meet the residency requirements. You could also apply for a travel document and let the embassy decide if you should keep your PR or not.

What were the reasons you could not live in Canada? If you had humane and compassionate grounds like taking care of a sick parent and can prove it, then you would have grounds to keep your PR.

 

[Susan2012]

Hi, Leon
We are in a similar situation. I am a Canadian citizen, but my husband's PR card expired in 2010. It seems we can fly to US and enter Canda from the border. He does have a US Visa.
Do you think how good the chances are? And when we enter US, can we tell them the reason we come to US is trying to sneak back to Canada. Will this answer make them reject our entering US in the first place.
Thanks.
Susan

 

[Leon]

We are in a similar situation. I am a Canadian citizen, but my husband's PR card expired in 2010. It seems we can fly to US and enter Canda from the border. He does have a US Visa.
Do you think how good the chances are? And when we enter US, can we tell them the reason we come to US is trying to sneak back to Canada. Will this answer make them reject our entering US in the first place.

Actually, you are not in a similar situation because you are a Canadian citizen and your husbands PR is protected as long as he is living with you. He can apply for a PR travel document at the nearest Canadian embassy and because he meets the requirements, showing you are his wife, you are a citizen and he has been living with you, he will get his travel document and you can fly to Canada and apply to renew his PR card.

You can find the application forms for a travel document here: http://www.cic.gc.ca/english/information/applications/travel.asp

 

[Susan2012]

Thanks for your quick reply. Leon
It seems I could not find anywhere how long it will take to get the travel document after the submission of application. Can you please advise?
Also my husband is several month short to meet the residency obligation and we don't want to wait any longer. Do you think crossing the US border will be a good idea for us?
Thanks again!

 

[Leon]

Susan, like I explained before, your husbands PR is protected because he is living with a Canadian citizen spouse overseas so as long as he has spent at least 2 out of the past 5 years living with you, he does meet the residency requirements.

Getting a travel document can be done at an embassy in the US in as little as 1 day but the processing time at embassies around the world can be up to 6 weeks. If you enter at the border with his expired PR card and no travel document, you can prepare for a bit of a lecture but they should still let him in.

If you want to get a travel document in the US, go to http://www.canadainternational.gc.ca/can-am/offices-bureaux/index.aspx?view=d and pick the city you want to travel through. Phone or email the embassy there and ask if they can do a travel document and how long it takes. Also phone the Canadian embassy in your homeland and ask them how long it takes. Then decide if it is worth it for you travelling through the US so you can do it faster. After you get the travel document, you do of course not have to drive to Canada, you can fly if you want to.

 

[smithapatil]

Re: PR expired and would like to come back to Canada

Hi Leon,
Thanks for your reply. I would like to know will I be eligible to apply for travel document, based on my children Canadian passport who are staying with me, which they got because of their fathers nationality. I am a software engineer and planning to bring up my children in Canada. Though i dint stay in Canada for one year but I filed Tax returns for that year. What will be the processing time for the travelling document and what are the documents should I enclose with the application form. In case my application for travel document is rejected then advice me the alternate procedure to go to Canada and thanks in advance.

Hello,
I am out of Canada since 6years and my PR Card has expired in 2009, i wanted to bring up my children in Canada,who are canadian minors.What is the process should i approach to go bank and settle in Canada with my children.

 

[Leon]

Re: PR expired and would like to come back to Canada

Hi Leon,
Thanks for your reply. I would like to know will I be eligible to apply for travel document, based on my children Canadian passport who are staying with me, which they got because of their fathers nationality. I am a software engineer and planning to bring up my children in Canada. Though i dint stay in Canada for one year but I filed Tax returns for that year. What will be the processing time for the travelling document and what are the documents should I enclose with the application form. In case my application for travel document is rejected then advice me the alternate procedure to go to Canada and thanks in advance.

You can not keep your PR based on Canadian children staying with you. It is possible to keep your PR if you are accompanying a Canadian citizen spouse overseas or if you are a child accompanying a parent but it doesn't work for parents taking Canadian children with them.

 

[clubcanada]

@smithapatil:

I would like to know will I be eligible to apply for travel document, based on my children Canadian passport who are staying with me, which they got because of their fathers nationality.

I didn;t get this part: your children have a Canadian passport because of their father? So the father (your husband) is Canadian?

 

[smithapatil]

Re: PR expired and would like to come back to Canada

Hello Leon,
I came to know that i lost my PR card but luckily i could find my landing paper in Canada. I have accompanied my husband till last month form 2006, but due to some reasons we are staying separately. except his Canadian passport number i dont have any of his details. kindly guide me, how to apply for travel document to canada and what should i enclose with the application form regarding my husband's details, will i be elegible to apply for travel document as i was with him with two children in india for last 7 years. I have decided to go back to canada in the best interest of my children.

Hello,
I am out of Canada since 6years and my PR Card has expired in 2009, i wanted to bring up my children in Canada,who are canadian minors.What is the process should i approach to go bank and settle in Canada with my children.

 

[Leon]

Why do you not have your husbands details? Has he left you? Just write everything you know about his details such as full name, date of birth and place of birth and when he last renewed his passport, how he got his citizenship, born in Canada, immigrated etc. and if he immigrated if you can say approximately when.

Tell immigration the circumstances of why you can not get his details and try to show any documents as proof that you were living together until a month ago. However, it could be hard if he doesn't verify that what you are saying is true.

 

[clubcanada]

This case is a little weird.

@ smithapatil: Could you please provide more details? You;re quite confusing. If you leave out details, no one here can help you. ALso the reason why and under what circumstances did you leave Canada might be relevant so does your current relationships to your children's father. As an example, if you went abroad with your husband, your days abroad might get counted as being inland. But again, it depends on the details. Maybe you get one step back and explain your whole situation a little bit more accurate and detailed. You should also explain why and under what circumstances you left your husband. Taking your children abroad without his consent is a serious offense and might get you into real trouble. So please be very specific with dates and description of circumstances and don't leave out details as they might be relevant for your case...