|
sjithender Posts: 1
Posted On: 6/19/2018
|
Hello,
Please assist. My husband had applied for PR back in 2006. We landed in Toronto in April 2006, lived in Brampton and Etobicoke. My husband had to return to India in March 2007 as his father was ill. I stayed back till May and returned too as I was going through medical issues and could not manage the weather and the expensive medicals in Canada. I then had a mis carriage, was under medication for 2 years to deliver a child, finally had my boy in 2010. My medical situation was getting worsened and was on continuous medication till about 2015 and couldn't get out of the country.
We are now ready to get back. I want to know if my old PR will still be valid and I can do a PRTD or should I apply for fresh PR. Please suggest. I have reached out to multiple forums, consultants in India and few others, however, unable to get ONE FINAL solution. Appreciate your guidance.
|
|
Moderator Moderator Posts: 4075
Posted On: 6/20/2018
|
Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be concerned about this situation and interested in finding out what your options are.
Unfortunately, it is very difficult for us to provide you with a definitive response.
As you may know, in order to re-enter Canada by commercial vehicle you must have a valid PR card.
If you and your family do not have valid PR cards, in terms of re-entering Canada without a PR card, you can find some detailed information on the IRCC website in the I am outside of Canada and do not have a PR card. How can I return to Canada? section.
Here is an excerpt,
I am outside of Canada and do not have a PR card. How can I return to Canada?
Canada’s entry requirements are changing
Permanent residents (PR) of Canada must carry and present their valid PR card or permanent resident travel document (PRTD) when boarding a flight to Canada, or travelling to Canada on any other commercial carrier. If you do not carry your PR card or PRTD, you may not be able to board your flight, train, bus or boat to Canada.
It is your responsibility to ensure that your PR card is still valid when you return from travel outside Canada, and to apply for a new PR card when your current card expires.
Returning by private vehicle
There are other documents you can use to enter the country.
When you return to Canada, apply for a PR card if you plan to travel outside Canada again.
Some examples of private vehicles include, but are not limited to: a car, truck, motorcycle, or recreational vehicle that you own, borrow, or rent, and that is not available for public use.
Returning by commercial vehicle: airplane, bus, train, or boat
You must apply for a permanent resident travel document (PRTD), valid for one entry. Otherwise you may not be able to travel to Canada.
You can apply to replace your PR card when you return to Canada.
If when you refer to "old PR" you are referring to your PR cards that have expired and your family decides to apply for a Permanent Resident Travel Document (PRTD) at the nearest Canadian Visa Office, since you have not met your residency requirements, starting this process may also start the process to determine whether or not you or your family have lost their PR status.
We have previously received some information from one of our legal researchers related to which days or periods are considered for meeting the residency requirements.
According to their research, the five-year time frame set out in the Refugee and Immigrant Protection Act is not static.
Rather it is a move-able window that is dependent on the time at which a visa officer examines your situation. Therefore, if you cannot fulfill the two-year (730 day) requirement for the five-year time frame starting from when you became a permanent resident, you should remain in Canada until you can satisfy the requirement for another five-year time frame.
The IRCC’s Permanent Residency Status Determination Manual states:
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.
Since the officer cannot choose any five-year time period for consideration, but must always assess the most recent five-year time period (the one immediately preceding examination.
Regarding the time you spend outside, you can find information on the process that is followed when entering Canada in this Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual.
Here is an excerpt from the manual on what happens at the port of entry,
2. Program objectives
IRPA establishes a residency obligation with respect to each five-year period after permanent resident status has been granted.
and
7.8 Examining Permanent Residents at a POE (Port of Entry)
When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissability.
Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).
In other words, once a permanent resident's status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.
It is difficult for us to provide you with a definitive response regarding what will happen in your particular situation.
We suggest that it is important and probably best that you speak to a Lawyer who is familiar with Canadian immigration issues for additional information regarding your situation
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
|