PR status

[zagato]

Hello
I landed in 1995 and almost left Canada immediately via the U.S. and since I had not returned to fulfill my RO because to stay with and look after my widowed mother. Mother passed away two years ago. Now married with kids of my own, would really like them to receive the education I had in Canada and of course whole family to stay permanently. So what are the chances for me to return to Canada and to fulfill my RO and my family to settle down in Canada?
Regards

 

[scylla]

Hello
I landed in 1995 and almost left Canada immediately via the U.S. and since I had not returned to fulfill my RO because to stay with and look after my widowed mother. Mother passed away two years ago. Now married with kids of my own, would really like them to receive the education I had in Canada and of course whole family to stay permanently. So what are the chances for me to return to Canada and to fulfill my RO and my family to settle down in Canada?
Regards

It's possible you may be able to save your PR status - however sponsoring your family is more complicated and you'll need to be prepared to be separated from them for several years.

To keep your own PR status, you'll want to try re-entering Canada via a US/Canadian land border without being reported for failing to meet RO. If you are successful in re-entering, you'll need to remain in Canada for 2 years before you'll be able to renew your PR status. You will not be able to sponsor your family until those two years have passed and you meet RO. If you try to sponsor your family before you meet RO, their application will be refused and your own status will be revoked.

My recommendation is that you renounce your PR status and apply for PR from scratch.

 

[zagato]

It's possible you may be able to save your PR status - however sponsoring your family is more complicated and you'll need to be prepared to be separated from them for several years.

To keep your own PR status, you'll want to try re-entering Canada via a US/Canadian land border without being reported for failing to meet RO. If you are successful in re-entering, you'll need to remain in Canada for 2 years before you'll be able to renew your PR status. You will not be able to sponsor your family until those two years have passed and you meet RO. If you try to sponsor your family before you meet RO, their application will be refused and your own status will be revoked.

My recommendation is that you renounce your PR status and apply for PR from scratch.

 

[zagato]

Thanks
I cannot just fly in from where I am now? Via the U.S. however what travel document to use to enter?
If I could enter successfully, in the meantime, can my kids and wife stay in Canada under student visa and my wife a super visa for the sake of accompanying them?
I still have my SIN card and old driver lic. Can I work during the first two years? What are the chances of revoking my PR after two years? Coz I could have , say considering house ownership....
Regards

 

[scylla]

Thanks
I cannot just fly in from where I am now? Via the U.S. however what travel document to use to enter?
If I could enter successfully, in the meantime, can my kids and wife stay in Canada under student visa and my wife a super visa for the sake of accompanying them?
I still have my SIN card and old driver lic. Can I work during the first two years? What are the chances of revoking my PR after two years? Coz I could have , say considering house ownership....
Regards

No - you cannot fly to Canada. You need either a valid PR card or a PR Travel Document to fly directly to Canada. If you apply for a PRTD it will be refused given how long you've been outside of Canada and your PR status will then be officially revoked. Your only option is to enter Canada by land from the US.

Your wife doesn't qualify for a super visa. All she would qualify for is a regular TRV - chances of approval are probably pretty low given your status in Canada.

 

[zagato]

No - you cannot fly to Canada. You need either a valid PR card or a PR Travel Document to fly directly to Canada. If you apply for a PRTD it will be refused given how long you've been outside of Canada and your PR status will then be officially revoked. Your only option is to enter Canada by land from the US.

Your wife doesn't qualify for a super visa. All she would qualify for is a regular TRV - chances of approval are probably pretty low given your status in Canada.

But what kind of travel document to enter Canada viaU.S?
About renouncing PR and apply from scratch would be ideal, but my age being 53 will have no advantage in being selected.

 

[scylla]

But what kind of travel document to enter Canada viaU.S?
About renouncing PR and apply from scratch would be ideal, but my age being 53 will have no advantage in being selected.

You would enter Canada using your COPR. Note there's always some chance you may be reported at the border for failing to meet RO in which case you'll most likely end up losing your PR status.

 

[Buletruck]

Your children would also be paying international student fees in Canada on a student visa until the time you could sponsor them until it was approved. So, if they travelled with you, you would be looking at realistically a minimum of 3 years international student fees, probably 4 years.

Owning a home really isn't one of the considerations when facing revocation. It's not a heavily weighted factor and would prevent them from revoking your status.

 

[Rob_TO]

Thanks
I cannot just fly in from where I am now? Via the U.S. however what travel document to use to enter?
If I could enter successfully, in the meantime, can my kids and wife stay in Canada under student visa and my wife a super visa for the sake of accompanying them?
I still have my SIN card and old driver lic. Can I work during the first two years? What are the chances of revoking my PR after two years? Coz I could have , say considering house ownership....
Regards

What passport do you hold? I assume it's not a US passport.

If you try to get a PR TD to fly directly to Canada, it will surely be rejected due to over 20 years not meeting the RO. This would start process to officially terminate your PR status.

Your best option is to attempt at USA/Canada land border. If you hold a passport that usually requires a TRV, you will for sure need to disclose your PR status and most likely CBSA will report you for RO violation. This will also start process to terminate your PR status, however you will be allowed to enter Canada if you wanted to appeal it.
An appeal can take years to hear, and you probably have a slim to none chance to be successful due to extreme time not meeting RO. Once appeal is lost, your PR status is terminated and you'd need to leave Canada.

If a miracle occurs and you are let into Canada without being reported, you would then need to stay inside Canada 2 straight years without leaving even once for any reason, and that would bring you back into compliance with the RO. You can't renew PR card, and you can't spnosor your family, until you're back in compliance with RO.

Your kid and wife could only enter with a regular TRV/eTA (depending what passport they hold), as visitors. They would need to apply to extend visitor status every 6 months or so, and hope it's approved. If they require TRVs and are denied, they would be unable to come to Canada with you so you would be physically separated from them at least 2+ years without even being able to visit.

Your son may be able to attend school, but you should be prepared to pay international student fees.

You would be able to work with your old SIN, you'd just need to get it reactivated. Depending on province you go to, living for 2 years without a valid PR card may be difficult for certain tasks requiring you to prove your PR status.

 

[evdm]

I don't know if this is possible if you've been a PR before, but have you considered renouncing your status and re-applying for your entire family under one of the current methods for gaining PR?

 

[scylla]

I don't know if this is possible if you've been a PR before, but have you considered renouncing your status and re-applying for your entire family under one of the current methods for gaining PR?

OP is 53 so it will be very difficult to qualify (no age points).

 

[zagato]

I am thinking appealing my case by providing my grounds for not able to fulfill RO. Do I need to be in Canada in order to do this?

 

[Rob_TO]

I am thinking appealing my case by providing my grounds for not able to fulfill RO. Do I need to be in Canada in order to do this?

You should know that your chances of winning an appeal are next to zero, as you have 20 years outside Canada.
Did your mother have a documented medical condition that you will have 20 years of doctor/hospital records for, that necessitated you to stay in your home country because she was incapable to take care of herself?

If you applied for a PR TD and it was rejected, you could appeal the decision from your home country.

If you tried to enter Canada via USA land border and were reported, you could enter Canada and appeal the decision here.

 

[canuck78]

You also waited 2 or more years to return to Canada. Think there is no chance that you would get approved in the first place but if you are using your mother's illness as a reason you would have had to try and return to Canada soon after her death.

 

[vensak]

Be also aware that one of the common questions when returning will be:
When did you leave Canada last time and how long did you stay abroad. A truthful answer to that question is a ticket to be reported in your case.

Your wife entering on TRV visa without additional spousal application has a certain chance that you will become visible for CIC (obviously she would have to disclose you as her husband).
Also you cannot sponsor children that are 21 years old or older (if ever you manage to get it in and lay low for next 2 years).