I became a permanent resident of Canada via sponsorship (family class marital status) however I got divorced and I didn’t meet the minimum phisical presence in Canada for the past 5 years.
Also my PR card has expired last year.
Now, I have a new family in my country of residence (wife and child) and they are not permanent resident of Canada. What should I do in order to be able to come back to Canada and bring them as a permanent resident?
Should I renounce my PR status or try to renew my PR card before starting a new application (express entry) including my wife and child? I have not contacted cic yet.
Starting this process will also start the process to determine whether or not you have lost your PR status.
A valid Permanent Resident (PR) card or Permanent Resident Travel Document (PRTD), are the best proof of your PR status for re-entry into Canada.
What happens is that basically, 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:
and
(Italics ours)
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.
Starting this process will also start the process to determine whether or not you have lost your PR status.
We strongly suggest that it may be helpful for you to contact a lawyer who is familiar with Canadian immigration issues for some additional information and assistance with your situation.
You may also want to contact the nearest Canadian Visa Office for specific information on 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.
As far as I know, if even renewing my PR card, I will not be able to sponsor my wife and daughter because I am overseas, plus, if my PR card is renewed, I cannot bring them with me before sponsoring them. That´s why I believe that I may start a new process with express entry.
Questions
Can I start a new process without renouncing or renewing my PR card?
Does the officer, even knowing that I have not met the residency requirements may approve my application for PR renovation? (I don’t think that the immigration officer will accept my reasons - my family and my job - )
Thank you for sharing your additional question with us.
You are right that as a Permanent Resident you cannot sponsor your family from outside Canada.
You will have to return to Canada in order to do so.
As you mentioned your PR card is expired, in order to return to Canada you will have to apply to renew your PR card. However, there are some issues related to applying for PR card renewal from outside Canada that you should be aware of.
You can find some information related to this in this CIC ENF 27 Permanent Resident Card Operations Manual. Here is an excerpt,
(Italics ours)
Regarding your first question,
You cannot start a new process such as Express Entry because as stated above, it has not been determined yet that you have lost your permanent residency.
Regarding your second question,
Unfortunately, it is not possible to provide you a definitive response regarding your question.
We strongly suggest that it may 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.
Hi my Brother has been a landed Immigrant in Canada since 1980. He met an American woman and went to the US and got married there. His PR card expired in 2009 he has a flight booked to come back here to Canada this Month June 2015. Can he apply for another PR card?