Stayed in Canada for 30 days in past 11 years after taking PR.

[faham]

Dear,

My story is little way from all what read in the posts.

I got landing papers in Jan 2002, travel to Canada in Feb and staryed for 26 days. Post came back to India for my Sister marraige. Then return back after 5 months and stayed for 6 days. Soon due to personal problem in india, I have to come back and stayed for long. After 2-3 years of stay in India, I was told by friends that my PR will be cancelled automatically and not possible to return back due to new rules and regulation by Immgration office.
After reading few question and understanding the process gaps or oppurtunies, need to understand on any further method to come back with landing papers. I got only SIN card, Driving license and Landing paper to show my eligibility along with stamps on passport.
Well, in this course of time, I got married and with 4 kids and would like to immegrate all. Need your advice to see the possiblities on returing back and start new career.

Thanks,

 

[Leon]

I don't like your odds. You may not have lost your PR officially yet but if you try to take any action to re-instate it, you will most likely lose it in the process. You would have the option to apply for a travel document for yourself to return to Canada but since you have not been in Canada for even 1 day in the past 5 years, unless you have some mitigating circumstances like taking care of a dying parent for all these years and you can prove it, it is very unlikely that they will give you that document. If you did get such a document, you could return to Canada, apply to renew your PR card on the basis of that document and apply to sponsor your family.

Another way to get to Canada that is probably more likely to succeed although still not very likely would be showing up at the land border to the US and dealing with immigration there. In order to do that, you would have to get a US visa. Trying to enter with landing papers from 2002 and no PR card, not even an expired one, I think the immigration officers will see it quite easily that you are years away from meeting the residency requirements. They can report you on entry for not meeting the requirements in which case you could appeal for your PR and stay in Canada while you wait. They also might not report you, just give you the speech and allow you to enter anyway. If they do, as your PR status is not secure, you would have to stay for 2 years without leaving in order to meet the residency requirements again. Your wife and children will most likely not get a visa to visit you but once you have your two years, you would be able to apply for a PR card and sponsor your family. However, you might have some challenges during your two years without a PR card because it is sometimes required to arrange health insurance, a drivers license (as your must be expired by now) etc. Landing papers might work for that, possibly.

If you just want to officially lose your PR so you can apply again, you can talk to the visa office in New Delhi about applying for a travel document to find out if they let you keep your PR or you lose it and apply again.

 

[faham]

Thanks Leon,

That means...talk to offcial and take confirmation on my PR status and if exist, need to apply for travel document with appropiate reasoning..Right?
Can we do take confirmation over phone or need physical visit?
Apart, if it is not validate, Is it possible to re-apply? and for this, existing process help in getting early immigration.

 

[Leon]

You can do it through the mail, see http://www.cic.gc.ca/english/information/applications/travel.asp You can fill out the forms and send them to the visa office. You can write a letter stating something like that you realize it is not very likely for them to give you a travel document but in the case that you don't, you hope to be able to apply for PR again.

If you apply for PR again, there is no faster or easier way just because you were a PR before. You would have to qualify under one of the immigration classes as they are today, see http://www.cic.gc.ca/english/immigrate/index.asp They have made it a lot harder than it was when you applied the first time. Now you almost always need a job offer to be able to apply.

 

[faham]

Thanks,

Let me take a caution call.