Urgent: Hope to return to Canada

[gobackcan]

Hi,

I landed in Toronto in 199X and got my Record of Landing IMM 1000, SIN, health card, bank account (frozen already), etc at that time. I stayed for a few months and went back to my home country to work in order to support my family. I did not apply for a PR card under new regulation in Jun 2002. I got marrried in US in 2004 and stayed in my home country.

I really hope to return to Canada now. I am considering to re-apply for PR with my spouse again but it seems the recent requirements for PR is very tight and may not approve easily. Some canadian friends ask me to go back to Canada directly. Is is possible? I am worried and have a few questions in mind.

1) Is it a must to have a PR card to re-enter the country? As I don't have a PR card, what can I do?

2) Can I go back to Canada smoothly? Is there any problem in passing through the Immigration in the Airport? Can I treat as a visitor to enter to Canada?

3) If I can pass the Immigration Dept. sucessfully, what can I do step by step? Do I need to apply all cards like Health Card, Driving test, open a new bank account, etc. immediately or do it later? Do I need to show the PR card in order to renew these documents (as I only have a IMM 1000 but don't have a PR card)?

4) Some canadian friends suggests me to go directly for citizenship. Do the immigration dept. need evidences to prove your 3-years residency obligations? What documents do I need to provide for applying citizenship?

5) Another concern is my spouse. I would like to sponsor him as well. When is the right time to do this ... after I get the citizenship? Do I still need to apply for PR card after 2 years?

6) If I have a chance to live with my friend in Vancouver, can I need to inform the immigration about this (relocating from Ontario to BC)?

7) Is it worth to get an Immigration Lawyer to help on my case? If yes, do you have any good referrals?


I really hope to stay in Canada permanently. Please kindly advise urgently with your smart ideas. Thanks much.


E

 

[scylla]

I'm assuming you're from a visa exempt country. If so, then your best bet is to try to re-enter Canada and hope immigration doesn't ask you about your PR status or why you have been outside of Canada for this long.

If you enter the country without being flagged by immigration, you should then live in Canada for a minimum of 730 days straight (without leaving for even one day) and then apply to renew your PR card. Once you have your new PR card, it will be safe for you to apply to sponsor your spouse. Do not apply to sponsor your spouse until you have your PR card. Otherwise immigration will very likely determine you don't meet residency requirements and will refuse your sponsorship application and revoke your PR status.

Do not apply for citizenship until you have three years of physical residency in Canada out of the last four years. Yes - immigration verifies records and you will be refused.

If you are NOT from a visa exempt country, then you will need a travel document to return to Canada (you will not be issued a tourist visa). The travel document will surely be refused since you've been outside of Canada for so long and you will then have to apply for PR again from the start.

Hope this helps.

 

[Leon]

You have a slim chance of keeping your PR.

If you are from a country where you normally do not need a visa to visit Canada, you can arrive and see what immigration says when you enter. If they let you enter without making any remarks, you stay for 2 years straight and after that time, your PR will be in good standing and you can then apply for a PR card and apply to sponsor your husband. If they do say something like they realize you are a PR and that you do not meet the residency obligation, they could report you for that and in that case you would have to appeal for your PR if you want to keep it. If you have no good reason for having not met the requirements, you will then lose your PR.

If you are from a country where you do need a visa to visit Canada, you can try to get a visa to the US and then try to enter at the US/Canada land border showing your passport and your landing documents. It may now be more likely that they will report you for not meeting the requirements. However, if you are lucky and you are allowed in without being reported, you can stay 2 years and revive your PR.
Your other option would be to apply for a PR travel document at the Canadian embassy in your home country but again, if you had no good reason for not meeting the requirements, you will not get one.
If you do have a good reason, taking care of a dying relative for example, you can claim that and provide the medical documents and you might have a slightly better chance. Still, it is more than 13 years that you are gone. That is a long time. Right now, a PR must stay in Canada at least 2 out of every 5 years to keep his PR status. Back when you got yours, it was 6 months out of every 12.

If you do get in without a problem, you will have to apply for a health card and drivers license again. Your landing documents should be enough to prove your status. You do not have to tell immigration where you live. It is actually better that you try to keep a low profile because if they become aware of you, they may see that you do not meet the residency requirements and want to revoke your PR. This is also why you should not try to apply for a PR card or try to sponsor your husband until 2 years have passed.

You have absolutely no claim to citizenship. You must have spent 3 years in Canada out of the past 4 before you apply. If you fake it, they ask for proof and you have none, they will start to look into your PR and they will revoke it. Even if you managed to fabricate some proof that you really did stay in Canada, if they ever find out, they will revoke your citizenship based on fraud and deport you.

 

[gobackcan]

Thanks much for all your kind advice. Really help me much.

I am from a visa exempt country and I also has a US visa. Will it be easier for me to re-enter from US/Canada land border by a private car rather than a flight?

If I can get in successfully, what will I need to do step by step in order to rebuild my residency records? Get a job? Can I get a job without a PR card? I only have a SIN card, it is good enough to show this to my employer?

Then, I have to file income tax every day.

As you said, my landing documents should be enough to prove your PR status. I will renew my health card, open a bank account with a PR card. Am I right?

What do you mean "You do not tell immigration where you live"? Please advise further.

After 2 years, I can apply for a PR card (I don't have one before). When I apply, will they ask for any residency proof 2 years before? From my landing record, I should stay for 13 years.

If I got my PR card, I can sponsor my husband. But I got married outside Canada in 2004, this implies that the Immigration would recognize that I left Canada before? What can I do? :'(

Thanks again for your great assistance.

 

[Leon]

Some people say it is easier to enter on the land border but if you are from a visa exempt country, your odds of getting in unnoticed are better. Even if they did realize that you are a PR, they may not report you. As you arrive, you can tell them you are coming to visit your friend. It is true.

You do not need a PR card to get a job. You have a SIN card and you have your landing papers and that should be enough for most purposes. If anybody asks you for your PR card, you can say that you landed before they had them so you never had one. Or you can say that you already applied to renew it but they are making you wait a long time, also a plausible story.

You do not have to file income tax every day. You get a job and then you file every year.

There is no reason to tell immigration where you live. Why would you want to do that? Do you want to send them a letter and tell them that you are now living in BC after 13 years of absence from Canada? You do not think they will want to revoke your PR then? I think they would. There is no obligation for PR's to tell immigration where they live. As a PR, you can live anywhere in Canada. After 2 years when you apply for your PR card, you can tell them where you live on your application form.

After 2 years, you will meet the residency requirements again. Immigration is not allowed to go back further than the past 5 years before they catch you or before you apply if they don't catch you. If they report you as you enter Canada, they will look at the past 5 years, no days in Canada, PR gone. If they catch you because you attract their attention, say because you decide to apply for your PR card early or sponsor your husband or you send them a letter and tell them that you are back to Canada after 13 yrs. absence and now living in BC, they will look at the past 5 years from that date. If you do not have 2 years in Canada at that point, you lose your PR. However, if they don't report you and you don't go out of your way to attract their attention for the next 2 years, then apply for a PR card, they will look at the past 5 years and see that out of those 5 yrs, you spent the last 2 in Canada so you meet the requirements and get your PR card.

 

[gobackcan]

Thanks again.

What if I cannot get a job, is it good to continue to file a zero income tax ?

Besides, can I stay in Canada without renewing my health card ? If I don't use the medical services, can I just leave it?

What documents will be needed to rent/buy a condo? Thx much.

 

[Leon]

You will get a job if you want one. The question is just where, doing what and for how much money. If you decide that you don't want to work and you can afford not to, that is fine but then you must be careful to leave a trail of your staying in Canada. After 2 years, you can apply for the PR card but if they do not believe you were really in Canada for the 2 years and want you to prove it, you have to be able to show something.

You should get a stamp in your passport when you enter so that is your proof when you arrived. Having applied for a health card and having filed taxes, even if they were zero would help. Having done volunteer work would help or basically being someplace on a regular basis that people can vouch for that you were there. Having rented an apartment and had utilities in your name would help.

Of course you do not have to apply for a health card if you don't want to but if you don't, you will not have coverage if something happens to you. Nobody plans to have an accident or a serious illness but it can happen.

In order to rent, you may be asked to show your passport and landing documents. You may be asked if you work. When I arrived in Canada and did not have a job yet, I showed that I had a credit card from old country and so they figured I was good because of that.

In order to buy, you would start off seeing how expensive you can go. If you can pay cash, you can just go to a real estate agent, tell them what you are looking for and how much you want to spend. If you can not afford to pay cash and need a mortgage, you have to talk to a bank or a mortgage broker. Tell them how much you have for a down payment and what your income is. They will tell you how much they are willing to loan you. Then you go to a real estate agent and tell them what you can afford. However, if you do not have a large down payment, are new in Canada and do not have a job yet or have worked for a short time only, you may find that nobody is very interested in giving you a mortgage yet.

 

[gobackcan]

Thx much, Leon. Your advice is very helpful. Last 2 questions: As u know, a PR card is only needed to re-enter Canada. I no need to present to the government for renewing Health card and apply for a driving test. Am I right? Secondly, when I get a PR card later, I will plan to sponsor my husband. As I got married ourside Canada in 2004, is there any risk that they will revoke my PR status as they know I left in 2004 without a PR card. Or, it's better to get the citizenship first before any sponsorship. Honestly, I really hope that we no need to separate long. :'(

 

[Leon]

Right, you should not need a PR card to live in Canada. You might be asked for it but you can say that you never had one or that you had one but it was expired so you sent it back and are waiting for renewal. The health care and drivers license authority have no contact with immigration so you will not have any problems there.

When you have two full years in Canada, you can apply to sponsor your husband. You do not have to wait for the PR card application to go through. If your husband is also from a visa exempt country, he can come and visit you during the 2 years but you can not leave. Your husband can stay as a visitor for up to 6 months at a time. If he is not from a visa exempt country, he will have to apply for a visit visa but spouses of PR's are often refused so he might not be able to get one.

In the PR card application form, they ask if you are married and have you changed your name. You will of course checkmark that you are married. You will tell them if you have changed your name. You can send them a copy of the marriage certificate too.

They can not do anything to you for having married outside Canada in 2004. After you have stayed two years you meet the residency requirements again and even if they find out that you were outside Canada for many years before that, they can not do anything any more. You can read about this here: http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf on page 7 where it says:

For persons who have been permanent residents of Canada for more than five years, the only
five-year period that can be considered in calculating whether an applicant has met the residency
obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii)
precludes a visa officer from examining any period other than the most recent five-year period
immediately before the date of receipt of the application.

Even if a person had resided away from Canada for many years, but returned to Canada and
resided there for a minimum of 730 days during the last five years, that person would comply with
the residency obligation and remain a permanent resident. An officer is not permitted to consider
just any five-year period in the applicant’s past, but must always assess the most recent five-year
period preceding the receipt of the application.

 

[gobackcan]

Thanks again, Leon. You really helped me much. My husband is also from a visa exempt country. We have dual nationalities. I have one passport attaching with my record of landing IMM1000 (but already expired) and another separate passport. If I return to Canada, which passport is better for me to show the immigration in the airport? Is it better to use another passport and act as a visitor ?

For my passport with the landing document, I cannot renew it in Toronto as there is no visa office there. There is a visa offfice in Washington but I need to go back Canada, leave again in order to renew it. As I don't prefer to leave even one day, can I renew it at my home country now and bring it back to Canada now? Do I need to show this new passport when I apply PR card or citizenship later. Will the Immigration doubt why I can get the passport as there is no visa office in Toronto.

For another separate visa, it will be expired at 2017. Also, my US visa will expire after 2 years. Can I leave and go back to my home country to renew at that time?

Also, I landed in Toronto and I am considering to return to either Toronto or Vancouver. Is it better to stay in the city that I landed or it makes no difference for my record transferred from Toronto to Vancouver? Besides, which city has more job opportunities? I don't mind to get some junior clerical jobs.

Sorry that I am answering everything in details as this is a big decision to me. I will quit my current job and go alone for 2 years. I miss my husband and my parents. I am worry that parents' health especially I cannot return to meet them for at least 2 years in case of emergency. This is a very big dilemma to me. Thanks again.

 

[computergeek]

Thanks again, Leon. You really helped me much. My husband is also from a visa exempt country. We have dual nationalities. I have one passport attaching with my record of landing IMM1000 (but already expired) and another separate passport. If I return to Canada, which passport is better for me to show the immigration in the airport? Is it better to use another passport and act as a visitor ?

Do not lie. Committing misrepresentation is a sure way to get yourself into trouble. The suggestion here is that you do things so they don't question you too closely. If you are a dual national, you can enter on either passport, technically, but it is highly unlikely that they will even figure out you are a PR from the passport of your second nationality. Thus, if you present that passport and say you are here to visit a friend it is quite likely the BSO won't question you and will just admit you. But realize, you're walking a fine line here, because if they do inquire further you will need to be honest with them.

For my passport with the landing document, I cannot renew it in Toronto as there is no visa office there. There is a visa offfice in Washington but I need to go back Canada, leave again in order to renew it. As I don't prefer to leave even one day, can I renew it at my home country now and bring it back to Canada now? Do I need to show this new passport when I apply PR card or citizenship later. Will the Immigration doubt why I can get the passport as there is no visa office in Toronto.

Of course you can renew it. Just keep your record of landing. Your name and DOB matches, so it's not going to be an issue. I would suggest keeping a copy of your old passport, especially if your country doesn't return your old passport to you.

For another separate visa, it will be expired at 2017. Also, my US visa will expire after 2 years. Can I leave and go back to my home country to renew at that time?

You can leave any time you want - that's not the issue. The question is whether or not they will allow you to return to Canada. If you choose to leave before you are in compliance with your PR residency obligation, you face the same risk all over again - that a BSO will notice you are a PR, that you are not in compliance with the residency obligation and will thus send you to secondary, where they will issue a removal order against you.

Also, I landed in Toronto and I am considering to return to either Toronto or Vancouver. Is it better to stay in the city that I landed or it makes no difference for my record transferred from Toronto to Vancouver? Besides, which city has more job opportunities? I don't mind to get some junior clerical jobs.

You can live in either. Or you can live in Edmonton, Calgary, Winnepeg, etc. As a permanent resident, you have a right (under the Charter) to live anywhere in Canada.

Sorry that I am answering everything in details as this is a big decision to me. I will quit my current job and go alone for 2 years. I miss my husband and my parents. I am worry that parents' health especially I cannot return to meet them for at least 2 years in case of emergency. This is a very big dilemma to me. Thanks again.

Best wishes - I hope that it all works out well for you.

 

[Leon]

If you are wondering where to live for jobs, you are probably better off in Calgary or Edmonton than in Toronto or Vancouver but if you have friends in Vancouver, you might as well start there. No "transferring of your record" takes place. Canada is one country and Canadians and PR's are free to move to any province at any time. All you have to do is apply for a drivers license and health care in your new province and notify the taxes of your new address. In your case, you do not even have to notify the taxes because you never lived in Canada so you are not registered with them yet.

If you get into Canada without questions asked, you should appreciate how lucky you are and really not try to leave for 2 years and preferably not until you have your new PR card in your hands so you can be sure you can return without a problem. Your husband can visit your parents and help them talk to you on skype and he can travel and visit you because he is visa exempt.

If you can renew your home country passport before coming to Canada, you should do that but for your records, you should copy each page of it in case you ever need it or if your home country lets you keep the old cancelled passport, you should do that.

 

[gobackcan]

Thanks again. Have went through the aplication form for PR card just now. In Part C, it is necessary to complete the address history, work history and travel history in the last five years. What should I do?

Could I just complete like this:

Adddress history = for the last 2 years (out of 5 years)

Work history = for the last 2 years (out of 5 years); what can I do if I cannot get a job within a short period of time?

Travel history = stay in my home country for the first 3 years (out of 5 years).

Is it a appropriate way to complete the form like this in future? Or, do you have any advices? Thanks a million.

 

[Leon]

Thanks again. Have went through the aplication form for PR card just now. In Part C, it is necessary to complete the address history, work history and travel history in the last five years. What should I do?

Could I just complete like this:

Adddress history = for the last 2 years (out of 5 years)

Work history = for the last 2 years (out of 5 years); what can I do if I cannot get a job within a short period of time?

Travel history = stay in my home country for the first 3 years (out of 5 years).

Is it a appropriate way to complete the form like this in future? Or, do you have any advices? Thanks a million.

When the time comes to fill out your form, you write address history for the past 5 years:

1. last 2 years in Canada addresses
2. the 3 years before that in other country addresses

Work history

1. last 2 years in Canada jobs
2. the 3 years before that in other country jobs

Travel history

1. other country for 3 years, reason for absence: living there

To prove when you entered Canada, your passport stamp will show it but you should also keep your boarding card and other documents to prove when you entered Canada as well as your stay. If you can not get a job right away, you can at least show those documents. Keep other documents you collect during your unemployed time like receipts, bus passes etc. For the work history, if you were unemployed for a time, write unemployed.

 

[gobackcan]

Really thanks, Leon.

To prove when I enter Canada, can I use other evidences (e.g. receipts, bus passes, etc.) rather than the passport stamp?

As said, it maybe easier to enter through US land border with my 2nd passport. If so, I cannot show it at the time when I apply for a PR card. Is it a must for the department to ask me to show the stamp to them as a proof. Right?

Woudl you mind advising me if it is better to use my expired passport (attached with landing paper) together with a renew one to enter the land border? Or, another separate passport will be used. If you are me, what will you do? Sorry for bothering you again but I am really worried and hope to seek your invaluable advice.

Will the Immigration at any border stamp on every passport now when entering? Super thanks for your great advice again.