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Residency requirements, Government in Canada, Bringing child born overseas...
PR status of landed immigrant in 1994
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snakek18380 Posts: 2
Posted On: 6/4/2020
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Hi
I am asking for my aunt.
She landed in 1994 and left Canada 1997. She never applied fro the citizenship. Can she come back as a permanent resident? She is going to stay in Canada and not planning to leave.
Totally understand that there are residency requirement but it was in force in 2002. I tried to find any reference that fit her situation but I couldn't find anything.
Thanks,
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PMM Posts: 661
Posted On: 6/4/2020
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Hi
snakek18380 wrote:
Hi
I am asking for my aunt.
She landed in 1994 and left Canada 1997. She never applied fro the citizenship. Can she come back as a permanent resident? She is going to stay in Canada and not planning to leave.
Totally understand that there are residency requirement but it was in force in 2002. I tried to find any reference that fit her situation but I couldn't find anything.
Thanks,
1. The Residency Obligation is 2 years residence in every 5 year period. It is obvious your Aunt (unless she is living overseas with a Canadian spouse) is well outside that.
2. She has two options. She can apply for Permanent Residence Travel Document, and unless there are humanitarian or compassionate reasons why she has been outside Canada for 23 years, it will be refused, she would be able to appeal.
She can fly into the US and try crossing the Canadian border, and if she is not reported (note she can't bring all her worldly possessions) she would have remain in Canada for 2 years without leaving to bring her RO into compliance. Note it is going to be difficult to cross a land border without a PR card.
3. Since she doesn't have a PR card (didn't start to issue them until 2002) she would find it difficult to obtain medical from the provinces.
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snakek18380 Posts: 2
Posted On: 6/4/2020
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Hi
Thanks for the information.
As I know, the residency requirement was in forced in 2002. I was so curious to find out how they treat those landed immigrants who landed and left before 2002 because those land immigrants would not be able to live 2 years in 5 years.
I know this is not a legal counselling services. However, can I share a bit more information with you so that you can help and point me to the direction?
She landed and left Canada before the residency requirement was in force in 2002. Back in the 2002 she would not be able to fulfill the 2 years in every 5 year period. Plus her mother who lived in the home country at that time was diagnosed with stage 4 lung cancer in 2003 and passed away in 2006. She thought she lost her status that's why she didn't look into that.
She had been living with her brother(who is a Canadian citizen since 1998) and his family in home country in the past 20 years until her brother and family immigrated and moved to Toronto in 2017. This is the reason why she is thinking about moving back to Canada.
It is a bit frustrated as all she needs is coming back to fulfill the residency requirement but looks like CIC is not allowing that.
One more question about the second option you mentioned. She has no problem coming in the Canada via her current country's passport. But how can she proved that she live 2 years in Canada since she does not have any legal document to set up anything. For example, she will need the legal document to re-active the SIN number?
Totally understand I am asking for help on a weird situation. Any information is helpful.
Thank you so much
Kelvin Ma
PMM wrote:
Hi
snakek18380 wrote:
Hi
I am asking for my aunt.
She landed in 1994 and left Canada 1997. She never applied fro the citizenship. Can she come back as a permanent resident? She is going to stay in Canada and not planning to leave.
Totally understand that there are residency requirement but it was in force in 2002. I tried to find any reference that fit her situation but I couldn't find anything.
Thanks,
1. The Residency Obligation is 2 years residence in every 5 year period. It is obvious your Aunt (unless she is living overseas with a Canadian spouse) is well outside that.
2. She has two options. She can apply for Permanent Residence Travel Document, and unless there are humanitarian or compassionate reasons why she has been outside Canada for 23 years, it will be refused, she would be able to appeal.
She can fly into the US and try crossing the Canadian border, and if she is not reported (note she can't bring all her worldly possessions) she would have remain in Canada for 2 years without leaving to bring her RO into compliance. Note it is going to be difficult to cross a land border without a PR card.
3. Since she doesn't have a PR card (didn't start to issue them until 2002) she would find it difficult to obtain medical from the provinces.
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link
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PMM Posts: 661
Posted On: 6/5/2020
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Hi
snakek18380 wrote:
Hi
Thanks for the information.
As I know, the residency requirement was in forced in 2002. I was so curious to find out how they treat those landed immigrants who landed and left before 2002 because those land immigrants would not be able to live 2 years in 5 years.
I know this is not a legal counselling services. However, can I share a bit more information with you so that you can help and point me to the direction?
She landed and left Canada before the residency requirement was in force in 2002. Back in the 2002 she would not be able to fulfill the 2 years in every 5 year period. Plus her mother who lived in the home country at that time was diagnosed with stage 4 lung cancer in 2003 and passed away in 2006. She thought she lost her status that's why she didn't look into that.
She had been living with her brother(who is a Canadian citizen since 1998) and his family in home country in the past 20 years until her brother and family immigrated and moved to Toronto in 2017. This is the reason why she is thinking about moving back to Canada.
It is a bit frustrated as all she needs is coming back to fulfill the residency requirement but looks like CIC is not allowing that.
One more question about the second option you mentioned. She has no problem coming in the Canada via her current country's passport. But how can she proved that she live 2 years in Canada since she does not have any legal document to set up anything. For example, she will need the legal document to re-active the SIN number?
Totally understand I am asking for help on a weird situation. Any information is helpful.
Thank you so much
Kelvin Ma
PMM wrote:
Hi
[snipped]
1. Prior to 2002 (really immaterial as the 2/5 for residency obligation is the law now) it was no more that 6 months outside Canada in anyone year, with the attention to abandon Canada.
2. Note, she can't come directly to Canada by air, she would not be eligible for an ETA, as when she applied, it would show that she was PR. Yes it would be extremely difficult for her to set up anything in those 2 years without proof of residency.
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