Returning Resident

[Koushik]

Hi Members,

I really want to come back Canada. Please help me with my completed situation.
I got PR since 2008 and landed in March 2008. I stayed for 3 months and then came back home country.
I got marriage and then moved to UK. I have never come back to Canada since 2008.
My marriage ended and I would like to go to Canada. However my PR card was expired 4 months ago.
Please help what should I do if I got exempt passport from UK. Is there any chance that i can come back to Canada?
thank you so much for your help

 

[Leon]

Your PR status is hanging by a hair but you still have a small chance if you are visa exempt. If you want to try this, tie up your loose ends in the UK and come to Canada on your British passport. Travel light. You want it to look like a vacation. If anybody asks, you are intending to stay for 3 weeks only (you can always change your mind later). A return ticket would be good. You can buy one that you can cancel later.

The immigration officer may or may not see that you are a PR. If they see it, they may ask about it. They may tell you that you have lost your PR status. However, if they do not report you, you are still a PR. If they do report you, you will be given paperwork and 30 days to appeal for your status. Depending on your reasons for being outside Canada, you may win or lose your appeal. It doesn't sound like you have mitigating circumstances.

However, if not reported, you can stay in Canada and go about your daily life. There is no law against it because you are still a PR. If you have your COPR/landing papers, you can use them to try to get a health card, drivers license etc. You may face some difficulties with that. However, with a SIN, you can work.

Do not leave or apply for anything from immigration for 2 years. After 2 years, apply to renew your PR card based on that you meet the residency requirements again for the past 5.

 

[Koushik]

Dear Leon,

thank you so much for your post.

Do I need any document such to come to Canada with my British Passport? Should I travel through US Border or go to Canada directly? The reason why I asked because I have read some entries that travel by land border might be more relax.

Please reply
thank you,

 

[Koushik]

Hi Leon,
I would like to add one point to see if it affects my case. my PR status or PR card was linked to my original passport. My British passport dose not link with my PR. when I got marriage, I have changed my surname that is different on my PR card.
thank you,

Your PR status is hanging by a hair but you still have a small chance if you are visa exempt. If you want to try this, tie up your loose ends in the UK and come to Canada on your British passport. Travel light. You want it to look like a vacation. If anybody asks, you are intending to stay for 3 weeks only (you can always change your mind later). A return ticket would be good. You can buy one that you can cancel later.

The immigration officer may or may not see that you are a PR. If they see it, they may ask about it. They may tell you that you have lost your PR status. However, if they do not report you, you are still a PR. If they do report you, you will be given paperwork and 30 days to appeal for your status. Depending on your reasons for being outside Canada, you may win or lose your appeal. It doesn't sound like you have mitigating circumstances.

However, if not reported, you can stay in Canada and go about your daily life. There is no law against it because you are still a PR. If you have your COPR/landing papers, you can use them to try to get a health card, drivers license etc. You may face some difficulties with that. However, with a SIN, you can work.

Do not leave or apply for anything from immigration for 2 years. After 2 years, apply to renew your PR card based on that you meet the residency requirements again for the past 5.

 

[Koushik]

Please help experienced members

 

[Leon]

If you have changed your passport and nationality since you got PR, it's very unlikely that they will report you because they will not figure out that you are PR. I don't think it matters if you enter by flight or from the US. It's up to you.

 

[Koushik]

thank you so much Leon