PR expired over 5 years

[Hedley]

Hi
New to the forum so please forgive any amateur mistakes.
My family and I moved to Canada on a PR Visa in August 2007 but left again December 2007. If we wanted to return is there a way?
Thank you
Hedley

 

[Msafiri]

1. If you are visitor visa exempt for Canada then fly back to Canada...at departure check in agent will believe you are going to visit if you have a return ticket. When you get to Canada the CBSA agent may or may not follow up as to you being a PR and not meeting the Residence Obligation (RO). If agent lets you in without reporting you then stay in Canada for 2 years and your PR status is secure again. You must be in Canada for 730 days in every 5 year period after this entry to maintain RO. If you are reported then you have 30 days to appeal to the Immigration Board or PR is lost..CBSA will give you some paperwork on this. If you appeal then you have a hearing before the Immigration Board and you get a chance to argue why you should not have your PR revoked. Such would be under Humanitarian and Compassionate (H&C) grounds. Case law show these to be e.g. taking care of a terminally sick relative or being removed from Canada as a minor. Employment and other 'personal/ lifestyle choice' reasons have historically been disregarded after all many PRs find a job in Canada. If PR revoked and all apeals rights are done you are issued a removal order giving you 30 days to leave Canada.

2. If not visa exempt but have a valid US visa - travel to US and cross into Canada via a land border. CBSA agent may take action as 1.

3. If you are not visa exempt then apply for a Travel Document at the Canadian diplomatic post serving your country of citizenship/residence. Visa officer will consider H&C grounds...if there are none the TD will be rejected. You have 60 days to appeal but it no point if you have no H&C grounds. If TD approved then return to Canada and stay for 2 years.

 

[Hedley]

Thank you

 

[Msafiri]

The above covers a 'typical' scenario where PRs leave Canada. Without knowing your circumstances its difficult to determine your chances of a return to Canada. For example some absences from Canada are deemed to be presence in Canada for meeting the RO such as employment in the Federal or Public Service of Canada or accompanying a Canadian Citizen abroad. As such your mileage may vary.

Good luck.

 

[Hedley]

Again thank you for your time and trouble.
I was in Vancouver at this time and had to leave for personal reasons. I had lived for almost 2 years with my family in Edmonton on a work permanent previous to this jan 2004 - oct 2005. Do you think this would be a consideration?

 

[scylla]

Again thank you for your time and trouble.
I was in Vancouver at this time and had to leave for personal reasons. I had lived for almost 2 years with my family in Edmonton on a work permanent previous to this jan 2004 - oct 2005. Do you think this would be a consideration?

No - only the last five years are counted.

 

[Leon]

The personal reasons why you left and why you could not come back until now would be of consideration. Having stayed in Canada before getting PR will not.

 

[Hedley]

My personal reasons were of a financial nature both in Canada and back at home in the UK.
So realistically my only real way back without going through the whole process again would be to obtain a job offer?
Thanks

 

[Leon]

Financial reasons will probably not cut it. They might accept reasons like taking care of a sick parent back home or something like that if you can prove it.

If you are able to get into Canada without getting reported for not meeting the residency requirements, you could stay for 2 years straight and then go ahead and apply to renew your PR card because you will meet the residency requirements again at that point.

However, if you are reported as you arrive, you will probably lose an appeal if you have no good reason in which case your chance of getting PR again would be to get a job offer and apply again from scratch. It is also possible that you can apply without a job offer depending on your occupation. You can look at the current immigration classes here: http://www.cic.gc.ca/english/immigrate/apply.asp

 

[Msafiri]

My personal reasons were of a financial nature both in Canada and back at home in the UK.
So realistically my only real way back without going through the whole process again would be to obtain a job offer?
Thanks

If you are a British Citizen then you are visitor visa exempt to Canada so you can always take your chances at the border as per my initial reply....this forum has threads from many who got into Canada without meeting the Residency Obligation either with CBSA ignoring their absence or giving them a lecture but not reporting them. You would need to hang tight in Canada for 2 years after that. You have the option of crossing via a US/ Canada land border...as British Citizens are on the US Visa Waiver list you can get into the US unless you are ineligible to use the VWP. Anectodal evidence is CBSA agents at land border crossings are more easy going. If you go this route make sure you have a return ticket to the US then arrange your travel to Canada when in the US.

Good luck