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Waris Posts: 1
Posted On: 9/5/2015
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Hi,
I had landed for immigration with my family in Ontario in 2005 and stayed their for 45 days.
During my stay I received the PR cards for myself and my wife, however the PR cards for my children did not arrive. Since I had taken a vacation from my employer I had to come back without collecting the cards of my children.
After I came back to my country of residence, my friend whose residence address I had given as my address informed me that he received a mail from the Canadian Immigration Office that the pictures of my children had not come correctly for the PR cards and they must come in person to the nearest office and have their pictures taken to issue their cards.
But since we were no longer in Canada so we couldn't go back to make their PR cards.
Not knowing what to do we dropped our plans to immigrate to Canada and eventually even the PR cards for me and my wife also expired in 2010.
Now again we are planning to move to Canada and I need some advise on whether to apply as fresh immigration or pursue to revive my expired immigration status.
I had applied for SIN cards for all my family members and I still have them with me.
Please advise me on the course of action to be taken.
Thanks
Abdul
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Moderator Moderator Posts: 4075
Posted On: 9/8/2015
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Hello Abdul,
Thank you for sharing your situation and question with us.
We can appreciate that you would be interested in finding out what your options are.
As you may already know, in order to maintain your permanent residency, you must meet certain residency obligations to maintain your status as a permanent resident.
You mentioned you landed as a permanent resident in 2005 and stayed 45 days.
To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period.
This means that you can spend a total of up to 3 years outside of Canada during a 5-year period.
So, although it is possible to stay up to 3 years outside of Canada, if you leave Canada for an extended period of time, it is up to you to prove to Citizenship and Immigration Canada that you will be able to meet your residency requirements.
Basically what happens is that, each time you enter Canada, Citizenship and Immigration may calculate 5 years back from the date you have entered or re-entered Canada to see if you have fulfilled your residency obligation.
You can find information on the process that is followed when entering Canada in this Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual.
Here is an excerpt from the manual on what happens at the port of entry here:
"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.
If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.
In cases where:
- permanent resident status is established;
- the permanent resident refuses to provide any further information and enters Canada;
and
- the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation, officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.).
It is important to note that in terms of loss of permanent residency, a person does not lose it until a final determination has been made.
According to the Citizenship and Immigration Canada (CIC) ENF 23 - Loss of Permanent Resident Status manual,
It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.
Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.
In order to return to Canada, since your PR cards have expired, it is likely you will have to apply for a Permanent Resident Travel Document (PRTD) at the nearest Canadian Visa Office.
Starting this process will also start the process to determine whether or not you have lost your PR status.
It may also be helpful for you to contact a lawyer who is familiar with Canadian immigration issues for some additional information and assistance with 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.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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