What to do about Canadian PR from when I was 12 that never got revoked?

[tokalaangel]

So my family applied for Canadian PR over 10 years ago, it was approved and we were sent Canadian PR cards. I was maybe 10 or 12 at the time, I’m now 26. For what ever reason, my parents decided (or maybe were not able) to not fulfill the “live in Canada for 2 years out of a 5 year period” to maintain PR.

We made first landing, stayed for a couple days, then left.

I would like to apply for Canadian PR again via Express Entry now as an adult making my own decisions, but my family did not receive an official loss of status decision from the Canadian Embassy.

I am wondering how I should proceed from here. Can I file a residency obligation appeal to keep my previous PR without that official loss of status decision? Can I even apply for Express Entry while my PR is technically not expired from over 10 years ago?

Is there a way to purposefully make myself lose status so I can start again with Express Entry without leaving the US (currently H1b with no visa stamp due to change of status).

Which is the faster way to gain Canadian PR?

 

[scylla]

So my family applied for Canadian PR over 10 years ago, it was approved and we were sent Canadian PR cards. I was maybe 10 or 12 at the time, I’m now 26. For what ever reason, my parents decided (or maybe were not able) to not fulfill the “live in Canada for 2 years out of a 5 year period” to maintain PR.

We made first landing, stayed for a couple days, then left.

I would like to apply for Canadian PR again via Express Entry now as an adult making my own decisions, but my family did not receive an official loss of status decision from the Canadian Embassy.

I am wondering how I should proceed from here. Can I file a residency obligation appeal to keep my previous PR without that official loss of status decision? Can I even apply for Express Entry while my PR is technically not expired from over 10 years ago?

Is there a way to purposefully make myself lose status so I can start again with Express Entry without leaving the US (currently H1b with no visa stamp due to change of status).

Which is the faster way to gain Canadian PR?

No - you cannot apply for Express Entry while you are still a PR. You should apply to renounce your PR status so that you can then apply for Express Entry.

A residency obligation appeal will fail since you're too old and your family never established roots in Canada.

http://www.cic.gc.ca/english/information/applications/guides/5781ETOC.asp

 

[tokalaangel]

No - you cannot apply for Express Entry while you are still a PR. You should apply to renounce your PR status so that you can then apply for Express Entry.

A residency obligation appeal will fail since you're too old and your family never established roots in Canada.

http://www.cic.gc.ca/english/information/applications/guides/5781ETOC.asp

Will there be a wait period after I renounce my PR before I can apply for Express Entry?
What would happen if I tried to enter Canada with my expired PR card (before renouncing)?

 

[canuck78]

Will there be a wait period after I renounce my PR before I can apply for Express Entry?
What would happen if I tried to enter Canada with my expired PR card (before renouncing)?

You would likely get reported. Do you already have SIN? If you somehow don’t get reported you will need that to work. You may not be able to access health coverage for at least 2 years. You also won’t be able to leave Canada for 2-3 years or sponsor a spouse.

 

[Bs65]

Will there be a wait period after I renounce my PR before I can apply for Express Entry?
What would happen if I tried to enter Canada with my expired PR card (before renouncing)?

The PR renounce process can take just a matter of weeks to process so a lot quicker than the time will likely take them to get around to processing any EE application, my view anyway.

As said above the alternative of trying to enter without being reported could lead to a pretty grim life for a couple of years if you do not already have a SIN which you need to be able to work. and maybe cannot even access health care for a while as well.

 

[tokalaangel]

The PR renounce process can take just a matter of weeks to process so a lot quicker than the time will likely take them to get around to processing any EE application, my view anyway.

As said above the alternative of trying to enter without being reported could lead to a pretty grim life for a couple of years if you do not already have a SIN which you need to be able to work. and maybe cannot even access health care for a while as well.

I just checked and it seems that I DO have an SIN (I am very surprised). The only missing piece is the duration of stay requirement. In this case, if I were to enter Canada with the intention of staying there, will I run into any other issues you can foresee?

 

[tokalaangel]

You would likely get reported. Do you already have SIN? If you somehow don’t get reported you will need that to work. You may not be able to access health coverage for at least 2 years. You also won’t be able to leave Canada for 2-3 years or sponsor a spouse.

It seems I do have an SIN. Will I still be ineligible for healthcare/spouse sponsorship for years?

 

[canuck78]

It seems I do have an SIN. Will I still be ineligible for healthcare/spouse sponsorship for years?

Yes you have to be compliant with RO to sponsor your spouse so you are likely looking at an approximately 3 year separation . Access to health coverage will depend on the province.

 

[scylla]

It seems I do have an SIN. Will I still be ineligible for healthcare/spouse sponsorship for years?

You may manage to get health care coverage. However it will be two full years before you are able to sponsor your spouse for PR (that's assuming you come to Canada and don't leave for 2 years straight).