Farmhand

Hi All

We obtained PR status as a family in 2010. After "flag polling" we returned to the UK to settle our affairs with the intention of moving full time to Canada after that.

Unfortunately my wife's father became ill at the end of 2012 and died in February 2013. My wife felt she couldn't leave her elderly mother to cope on her own at the time so emigration was put on the back burner.

We now want to get to Canada as soon as possible and have a few thoughts on the way to go forward which would be ;


1) Try and renew our PR status on H&C grounds due to the above and maybe unfairness to the children.

2) Formally relinquish PR status and start again from scratch.




Any thoughts or advice would be greatly appreciated.

Hurlabrick

Have you seen this thread in the same section of the BE forum. Seems to cover your situation?


http://britishexpats.com/forum/immig...rticle-890352/

Farmhand

Yes thanks Hurlabrick, originally it took nearly 3 years to get the visas really don't fancy that again! Having said that it looks like I could qualify for EE now, it's a case really of deciding whether to ask for a H&C grounds renewal or start afresh.

Anyone know how quickly CIC would be likely to handle a H&C renewal?

Vulcanoid

Unfortunately, I don't see a realistic prospect of an H&C approval. You had two years (or more) where no such issues existed, and you were choosing not to live in Canada. Since 2013, you had various options like splitting your time across countries, or moving your mother in law to Canada with you, either as a visitor or on the supervisa.

The article Hurlabrook (and Former Lancastrian) have pointed to sums up nicely the approval rates - it's only for truly exceptional circumstances.

I don't know how long an H&C case would take, but it's very likely that the most straightforward thing would be to formally relinquish your PR status, and start again, especially if you have points that would qualify for an EE draw.

christmasoompa

+1. I can't see any grounds for a H&C case from what you've said, if you do definitely score enough on the CRS to get PR via EE, that would be your best route IMO, although you will have to formally relinquish your PR status before you apply.

Unless of course you wanted to try entering Canada and seeing if you can get in (bearing in mind that if you do, then you won't be able to leave again until you've got the requisite number of days). Big risk though!

Best of luck.

SchnookoLoly

Another one for H&C not flying. Since you score enough on EE, go through the process of relinquishing PR and then apply for EE, you should get in pretty quickly if your score is adequate.

Good luck with the process and the move!

tinabootes

Sorry to sound think but what is EE, as we are simaliar to this and realise that H&C is not going to work thanks 😀

Vulcanoid

Express Entry. It's the catch-all term for a lot of Canadian immigration programmes (provincial nomination, Canadian experience, federal skilled worker, etc)

christmasoompa

As said above, Express Entry - it's the new system for economic PR applications, since the beginning of 2015, so different to what you would have applied under previously.

You can check to see if you're eligible to enter the pool of applicants here - Determine your eligibility—Immigrate to Canada

And then if you are, you need to check and see what you're scoring on the CRS, as only those with the highest scores (approx 450 as a minimum) will get selected and invited to apply for PR - Comprehensive Ranking System (CRS) tool - Skilled immigrants (Express Entry)

HTH.

Snowy560

I suggest the OP sees an immigration consultant/lawyer who can explain to you how the processes will work in relation to your PR, what will happen if you do X etc, whether it is better to do Y and then you can make an informed choice according to your individual circumstances.

If you do this, make sure the person is regulated and is experienced in residency obligation issues as well as PR programs you may be eligible for:

http://secure.iccrc-crcic.ca/search-new/EN

S

Farmhand

Hmm I was thinking that but worried I may get led on just for the $$$$? might be being a bit unfair to those guys!

tinabootes

Has anyone used an immigration consultant, it's just there are lots and it's hard to choose one or know what to look for thanks

Siouxie

You are better to post your own thread with your questions, rather than tag onto someone else's .. that way, people will be able to see it and answer your specific questions.

BristolUK

Maybe the powers that be should have a "common sense" category for situations like this.

As FL so often points out, there's no loss of PR status until it's been referred and a decision made.

If EE were to really mean Express Entry and in this case it is considered a formality, wouldn't it be so much more sensible for CIC to confirm it and not only save having to go through whatever process they need to for relinquishing PR but also to pass the EE application and then not have to go through the new PR stuff all over again? Perhaps even charge a kind of Surety to be lost if they don't meet the residential qualification.

Farmhand

I have been looking at the CIC document "OP 10 Permanent Residency Status Determination" . If you get a determination it says you will be issued with a PRTD valid for 6 months for your inbound travel to Canada but I can't find anything further.

Does anyone know what happens next - for example after I've arrived back in Canada would I then have to stay an unbroken 2 year period and obtain a new PR card before traveling outside Canada or will I be issued with a new PR card on my return?