PR taken out of Canada as a child, I want to return to Canada what can I do??

[metaliza]

Hello,

I arrived to Canada as a PR when I was 7 years old and lived in Canada for 2 and a half years with my family until my parents decided to move back to Mexico (my country of origin). After that we moved to USA where I am currently. I am 20 years old about to turn 21 (which in US immigration law is when one can be independent in immigration terms). I want to return to Canada to live again and continue my college education there. The problem is my PR card expired in 2007 and I know I did not fulfill my residency obligations. What can I do to get my permanent residency status back? I'd appreciate if someone could help me, because I did not willingly wish to leave Canada as a child.

Thank you

 

[Leon]

You would apply for a PR travel document stating your situation. Make sure to mention that you were removed from Canada as a minor by your parents and that you are now wanting to return first chance after reaching adulthood. Application form here: http://www.cic.gc.ca/english/information/applications/travel.asp

 

[metaliza]

So I applied for a TD on humanitarian and compassionate grounds, and sent my application on September 25. I was contacted by the embassy in New York, requesting I needed to submit additional documents about: my fathers whereabouts, his proof of employment, my immigration status in the USA (that just expired on Nov 6th!!) and proof of current address. I sent the additional documents on October 7th, so it's now been more than a month that they received the additional documents, does anyone know why they could be taking so long??? is it a good sign?? I am worried sick because I just turned 21 on Nov 6th and no longer have a legal immigration status in the USA. Someone please help me!

Thank you!

 

[meyakanor]

Hi metaliza,

Leon can probably comment more, but I'm assuming that you are still in the United States? If so, then you can probably try crossing the land-border directly, and you won't need TD nor PR card to be let into Canada.

At this point, they're probably already aware that you have not satisfied the residency requirements, but you can deal with this at the border since you do indeed have a valid ground for H&C (as Leon said, just tell them that you're returning on first opportunity of being an adult or something). Anyway, Leon, any particular reason why this (crossing the land border) may not be a good idea?

While in Canada, you will have two choices. You can either stay for two years without break, or you can try renewing your PR card based on H&C reasons, though this is, some may say, not recommended.

Some schools don't require PR card to prove PR status and get local tuition rates, and I heard that most employers only care about SIN, so you can, in most cases, stay just fine in Canada as a PR without having the card.

 

[Leon]

New York is already processing the TD so immigration knows about it but if it is an issue staying in the US, you could try to cross the land border with your landing documents and they are supposed to let you enter, at worst they could report you for not meeting the RO in which case you can appeal.