How to apply, processing time, if you're outside of Canada...
Can I get my PR status back?
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Harry99 Posts: 4
Posted On: 8/3/2016
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Hi,
My parents and i moved to Canada in 2009, i was 10 at that time. In early 2011 we moved back. As i was a minor I didn't have much choice but to move back with my parents as i couldn't stay alone. And as we didn't go back our PR cards expired.
Now, I'm 18 and my grade 12 will finish in a few months. I plan on moving back to Canada after finishing highschool, can i still get my PR status back ? If yes, what's the procedure and how long do i have(like till what age) for applying.
Thanks
Harry
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Moderator Moderator Posts: 4142
Posted On: 8/5/2016
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Hi Harry,
Thank you for your question. I understand that this situation can be confusing.
As you know, there is a residency requirement for Permanent Resident Status. Since you have been away from Canada for so long, you will not have met this requirement.
However, your PR status needs to be formally removed. The following is from the Immigration, Refugees and Citizenship Canada (IRCC) website
Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.
You may lose your permanent resident status if:
You may lose your permanent resident status in one of the ways described above if:
- you do not live in Canada for two out of five years;
- you are convicted of a serious crime and told to leave Canada; or
- you become a Canadian citizen.
You do not lose your permanent resident status if your PR card expires.
We would recommend that you contact Immigration, Refugees and Citizenship Canada (IRCC) about your options for returning to Canada. You may need to apply for a new visa or enter through another immigration pathway in order to be eligible to regain your PR status.
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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Julia
Settlement.Org Team
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Harry99 Posts: 4
Posted On: 8/6/2016
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Moderator wrote:
Hi Harry,
Thank you for your question. I understand that this situation can be confusing.
As you know, there is a residency requirement for Permanent Resident Status. Since you have been away from Canada for so long, you will not have met this requirement.
However, your PR status needs to be formally removed. The following is from the Immigration, Refugees and Citizenship Canada (IRCC) website
Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.
You may lose your permanent resident status if:
You may lose your permanent resident status in one of the ways described above if:
- you do not live in Canada for two out of five years;
- you are convicted of a serious crime and told to leave Canada; or
- you become a Canadian citizen.
You do not lose your permanent resident status if your PR card expires.
We would recommend that you contact Immigration, Refugees and Citizenship Canada (IRCC) about your options for returning to Canada. You may need to apply for a new visa or enter through another immigration pathway in order to be eligible to regain your PR status.
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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Julia
Settlement.Org Team
Hi,
Thank for the reply, but a few forums and an Immigration consultant told me that i could apply for a PRTD on H&C grounds as i was a minor then and am trying to go to Canada right after attaining the age of 18.
Is this correct ?
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Moderator Moderator Posts: 4142
Posted On: 8/18/2016
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Hello,
Thank you for sharing additional question with us.
You may be able to find some helpful information and suggestions in this previous Settlement.Org Am I Still A Permanent Resident? discussion thread.
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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