Re applying
- Thread starter Hedley
- Start date
I've just read your previous posts from January, where most of your questions have already been answered.
Quickest way to give up your existing PR, so that you can "start again" is to apply to the the local Canadian embassy/high commission for a PR Travel Document. They will see that you don't meet the requirements and refuse, giving you the opportunity to appeal. You don't appeal and they will revoke your PR. Job done.
Quickest way to give up your existing PR, so that you can "start again" is to apply to the the local Canadian embassy/high commission for a PR Travel Document. They will see that you don't meet the requirements and refuse, giving you the opportunity to appeal. You don't appeal and they will revoke your PR. Job done.
OK. You don't want your existing PR status any more, correct?
Presumably you are currently outside Canada, correct?
So, to reenter Canada with an expired or lost PR card, you can apply for a PR Travel Document. (As a visa exempt national, you don't actually need it, but you are using the application to trigger a process).
The embassy see that you have failed to meet the residency obligation requirements.
They then formally refuse the application and report you for failing to comply, but give you the option to appeal to keep your PR status.
You ignore the appeal option and by default your PR status is revoked.
You are now back as a foreign national with no status in Canada.
Presumably you are currently outside Canada, correct?
So, to reenter Canada with an expired or lost PR card, you can apply for a PR Travel Document. (As a visa exempt national, you don't actually need it, but you are using the application to trigger a process).
The embassy see that you have failed to meet the residency obligation requirements.
They then formally refuse the application and report you for failing to comply, but give you the option to appeal to keep your PR status.
You ignore the appeal option and by default your PR status is revoked.
You are now back as a foreign national with no status in Canada.
Well I would prefer to have my current PR status updated but that's nigh on impossible.
So 2 questions I suppose.
1. Would there be no point in appealing because it won't be updated? And
2. Would I then start a new application process and can I only start a new one when the old PR status is revoked?
Thanks
So 2 questions I suppose.
1. Would there be no point in appealing because it won't be updated? And
2. Would I then start a new application process and can I only start a new one when the old PR status is revoked?
Thanks
1) if you go down this path, you will almost certainly lose your PR. However, I would try my hardest to keep mine in your situation. The forum has lots of threads on how you might manage this.
2) Yes.
2) Yes.
Hedley said:
Reading through your previous posts, you said that you left Canada for reasons of a "financial nature". Not knowing what your exact situation was, I'll just say that leaving Canada because of lack of funds, because you cannot find a job, because you cannot support your family, because you found a better paying job outside Canada, etc., is not considered H&C grounds at all.
You should not try H&C unless you have an extremely compelling reason such as taking care of a seriously ill parent or close family member. Even then, H&C is still hard to prove.
Hedley said:
Enter Canada with your expired card and hope you aren't reported. If you're not reported, you can live in Canada for 2 years until you meet the residency obligation and then renew your PR. If you are reported, you will lose your PR.
Are you visa-exempt or not?
Hedley said:
It's still the best chance you have at keeping your existing PR.
If persons from your country need a visa to travel to Canada, then you are not visa exempt. If persons from your country may visit Canada without a visa, you are visa exempt.
Visa exempt means you can get on a plane and fly to Canada regardless of having a PR card and whether it is expired or not. If you are visa exempt, you can therefore go to Canada and present your expired PR card when you arrive at immigration or you might even not present it and see what happens. You could hope either to enter without them figuring out that you are a PR or show the expired card and either insist that you do meet the residency requirements in which case they will have to let you in although if they do not believe you, they could report you or you could admit that you don't meet the residency requirements in which case they may offer you to renounce your PR on the spot and enter as a tourist. You may say you will not renounce it in which case they will probably report you. If they report you, you could appeal this but if you do not have H&C grounds for not meeting the residency obligation, you will lose your appeal and your PR.
If you are not visa exempt, you can not fly to Canada without a PR card or travel document because the airline will not let you board but if you have a US visa, you could fly to the US and try to enter Canada on the land border with your expired PR card.
If you can not get a US visa, your only option would be the travel document but they will actually look into your reasons right away and decide if you get to keep your PR or not while if you just try to enter Canada, the immigration officer does not have time to look at your evidence and decide if you get to keep your PR. Their only action would be to report or not to report and it seems common that they don't so that is why entering gives you a better chance than applying for a travel document.