Go Back  British Expats > Living & Moving Abroad > Canada > Immigration & Citizenship (Canada)
Reload this Page >

Hoping to "re-immigrate" to Canada with family

Hoping to "re-immigrate" to Canada with family

Old Aug 23rd 2007, 8:53 am
  #1  
Forum Regular
Thread Starter
 
Joined: Jul 2007
Posts: 62
Canada Hopeful is an unknown quantity at this point
Question Hoping to "re-immigrate" to Canada with family

Hello,

I am wondering if anyone out there might have any advice that they could give me. We are at the very beginning of the process of applying via Skilled Worker Application to immigrate to Canada as a family. Looks as if we'll be looking to obtain arranged employment in order to get there any time soon (which we've also started to work on), however having sent off initial application, we've just heard back from CHC to say that we have overpaid..

Reason being, that I have previously emmigrated to Canada 7 yrs ago, but ended up returning to the UK. So, although I have already applied once, passed and "landed", I have also since returned to the UK, met English hubby, and had 3 kids. On sending off our application, we'd noted that I had worked in Canada previously, and I've obviously come up on their files as there is some kind of reference number next to my name. CHC have stated that we do not need to include payment for me as I have already landed, however I would have thought that the fact that I have not been living in Canada for the past 5 years would mean that I would need to go through the whole procedure again? Or at least need to repay some of the fees?? I am just concerned that for some reason CHC might think that I am still in Canada and that it is just hubby and kids who are looking to immigrate.

If anyone has any words of wisdom they would be very much appreciated.

Thanks

Canada Hopeful is offline  
Old Aug 23rd 2007, 11:25 am
  #2  
Forum Regular
 
Joined: Sep 2006
Posts: 36
snoopymccrew is an unknown quantity at this point
Default Re: Hoping to "re-immigrate" to Canada with family

Hi there,

I hope I'm wrong, but I believe that if you lose your PR status (which I think you will when it's discovered that you've lived the past 5 years outside of Canada) then it will count against you when you re-apply. Maybe check that out before putting yourself through the whole process again.
snoopymccrew is offline  
Old Aug 23rd 2007, 12:08 pm
  #3  
 
Joined: May 2004
Posts: 8,984
Andrew Miller is an unknown quantity at this point
Default Re: Hoping to "re-immigrate" to Canada with family

You need to go through Loss of Status process before re-applying. One of ways is to apply for Travel Document, disclose all truth about leaving abroad for long enough to not meet residency obligations - this will result in your PR status declared lost. Once your PR status is declared lost you are free to re-apply.
Andrew Miller is offline  
Old Aug 23rd 2007, 4:01 pm
  #4  
JAJ
Retired
 
JAJ's Avatar
 
Joined: Apr 2004
Posts: 34,649
JAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond repute
Default Re: Hoping to "re-immigrate" to Canada with family

Originally Posted by Andrew Miller
You need to go through Loss of Status process before re-applying. One of ways is to apply for Travel Document, disclose all truth about leaving abroad for long enough to not meet residency obligations - this will result in your PR status declared lost. Once your PR status is declared lost you are free to re-apply.
It's hard to see why this step should be necessary - why can't they just look at this when a new application is lodged?
JAJ is offline  
Old Aug 23rd 2007, 4:43 pm
  #5  
 
Joined: May 2004
Posts: 8,984
Andrew Miller is an unknown quantity at this point
Default Re: Hoping to "re-immigrate" to Canada with family

No, it is not enough. Canadian PR cannot apply for PR visa or any other kind of Canadian visa. And until determination of Loss of Status is made OP is officially a PR, even if everybody knows that residency obligations were not met already and that any attempt to re-enter Canada as a PR will be futile.

Last edited by Andrew Miller; Aug 23rd 2007 at 4:45 pm.
Andrew Miller is offline  
Old Aug 23rd 2007, 5:14 pm
  #6  
JAJ
Retired
 
JAJ's Avatar
 
Joined: Apr 2004
Posts: 34,649
JAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond repute
Default Re: Hoping to "re-immigrate" to Canada with family

Originally Posted by Andrew Miller
No, it is not enough. Canadian PR cannot apply for PR visa or any other kind of Canadian visa. And until determination of Loss of Status is made OP is officially a PR, even if everybody knows that residency obligations were not met already and that any attempt to re-enter Canada as a PR will be futile.
I would think most people don't know about this "rule" - I wonder how many just apply anyway?
JAJ is offline  
Old Aug 23rd 2007, 5:59 pm
  #7  
 
Joined: May 2004
Posts: 8,984
Andrew Miller is an unknown quantity at this point
Default Re: Hoping to "re-immigrate" to Canada with family

Unfortunately too many think that they know and understand all what it takes to apply or re-apply (or are being told in this and other forums that asking for professional help is unnecessary). This is why we have situation like OP landed in and an overall, steady around 50% refusal rate...

Based just on number of posts on this topic in BE we can assume that there will be many more like OP who decide to re-apply assuming that they already lost status. Of course technically they lost and there is nothing they can do to restore it, but legally they need official determination of loss of status. CIC should provide info about it at least on their website.
Andrew Miller is offline  
Old Aug 23rd 2007, 9:20 pm
  #8  
Forum Regular
Thread Starter
 
Joined: Jul 2007
Posts: 62
Canada Hopeful is an unknown quantity at this point
Default Re: Hoping to "re-immigrate" to Canada with family

Thankyou to Andrew Miller and JAJ, your comments and advice are much appreciated! I will complete the form as advised and get it off asap.

Have to say this is a really excellent site as not sure how I would have found the answer to that otherwise.
Canada Hopeful is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.