Hi,
I am a permanent resident of Canada having arrived in Canada from Sri Lanka on the 3rd of January 2013.
I left Canada in the month of January 2015 and have not returned to Canada since.
I used to live with my son and family who are citizens of Canada and lived in Whitby where they subsequently moved from to Winnipeg/ Manitoba where they presently reside at.
My son is married to a Canadian citizen from birth and have two kids both also born in Canada.
I intend re entering Canada to join my Son and family and also pursue with my PR and probable citizenship and would like to know as to what my predicament would be.
An early response will be greatly appreciated.
Thank You!
Sincerely
Peter
Thank you for sharing your situation and question with us.
If you are concerned about meeting your residency requirements, according to the Immigration Refugee and Citizenship Canada (IRCC) (formerly CIC) you must live in Canada for “at least 2 years in a 5 year period” to maintain your status:
Hi Anna,
It was really kind and nice of you to respond to my query and so spontaneously. I thank you very much for same. I guess you have answered all my questions and by the looks I may have missed out on returning to Canada although my spouse and members of my family continue to live there.
The reason for me leaving Canada was the fact that I was a bit frustrated with not being able to find a suitable job and was often told that I was over experienced for most job interviews I attended.
Then there was my daughter who is domicile in Australia conceiving for her 1st born and this urged me to go to Australia and spend some time with her and her family. There were other personal reasons and commitments for not getting back during the stipulated time frames but I will not bore you with this…
Now with regard to my re-entering Canada,if I am to make an appeal to authorities with regard to this, how do I get about it.
For example whom do I contact. A link or contact will be appreciated.
Thank you!
Peter
Thank you for your kind words. You are very welcome. It is our pleasure to provide any information possible.
Regarding what you have stated about loss of permanent residency status, 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.
This means that your PR status needs to be formally removed.
It also states in relation to the process of loss of permanent residency,
Additionally, we have previously received some information from one of our legal researchers related to being in Canada after not 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 moveable 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.
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), you may still have the opportunity to satisfy the two-year “in Canada” requirement.
As you may already know, a PR card is required to re-enter Canada.
If you have a PR card, it is important to note that the PR card’s expiry date has no correlation between whether or not you have met the residency requirements.
This section discusses options and “other documents you can use to re-enter the country” if your card expires while outside Canada and you plan to return to Canada by private vehicle.
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.
Hi Anna,
I am indeed indebted to your kindness but I have gone through all you mentioned in the information you put together for me, but just cannot come across a file or form that will help me make a appeal claim to come back into Canada. Can you please help.I appreciate all your help. Thank you and God Bless!
Peter
Hello Peter,
Thank you for your kind words. You are very welcome. It is our pleasure to provide any information possible.
Regarding what you have stated about loss of permanent residency status, 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.
This means that your PR status needs to be formally removed.
It also states in relation to the process of loss of permanent residency,
Additionally, we have previously received some information from one of our legal researchers related to being in Canada after not 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 moveable 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.
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), you may still have the opportunity to satisfy the two-year “in Canada” requirement.
As you may already know, a PR card is required to re-enter Canada.
If you have a PR card, it is important to note that the PR card’s expiry date has no correlation between whether or not you have met the residency requirements.
This section discusses options and “other documents you can use to re-enter the country” if your card expires while outside Canada and you plan to return to Canada by private vehicle.
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.
I have “Landed immigrant Status” (IM1000) since Aug 1973.
I had a Permanent resident Card issued but have lost it.
When entering Canada, if asked, & I never was I carried my Pink IM 1000 form in my passport.
I entered Canada 20 Sept 2016 in the usual way.
My UK passport was checked & i was allowed entry.
I have a SIN # an OHIP Card, an Ontario Drivers Licience, a TD Bank Account & a permanent address.
I cannot meet the Residency requirement of 2yrs in the last 5yrs.
I am retired living on Indepenent Means.
I have relations in Canada who are Canadian Citizens.
I can do all that I want to do in your country except get back into Canada if I leave .
I may not be allowed to board an Canadian Bound Flight.
I wish to attend a friends wedding in Valletta Malta, As there are no Direct Flights Canada/Malta, my fear is I could be trapped in a foreign airport as I would not be allowed to Board a Canada Bound Flight.
Am I a prisoner in Canada until I meet the Residency Requirment?
Yours faithfully