Good Afternoon people of this forum!

Long time lurker. I'll give a bit of background below.

In 2004, I received my landed documents in Canada. I was 13 years old and we moved to Canada. I did not stay for 720 days, I moved back to the UK and studied then started working.

I am now 33 years old and I want to come back to Canada and continue my PR status. I have a report from the immigration office stating my PR has not been revoked.

I have had many consultations with lawyers and all have stated that I can travel to Canada via the land route (car) through America. I will be coming with my family, wife and 2 kids (1 of them is a step child I will adopt). They have said the best route is H&C grounds under the basis I was too young to make my own decision when we left. At least 3 consultants (paid) have echoed this. I know that when I get to the border, the officer can start the process of revoking my PR or not.

I have 2 degrees, a bachelors and masters in Science if that helps.

I guess I'm asking for some clarification around the above and maybe some experiences or if anyone can recommend good immigration lawyers? Of course I want to do everything legally and above board.

Any advice would be appreciated!

Thank you in advance

SB

What sounds odd to me is that PR hasn't been revoked if you've been outside of Canada for such a long time. However if Immigration Canada tells you it's not revoked then it isn't.

What's also odd is that you're to travel via the land route. If PR status still exists you should be able to travel by air directly from London to Vancouver.

This is the old chestnut that you need a valid PR card to fly into Canada. Check-in staff, even for a Canadian airline, don't have access to the Canadian government computer system to check PR status, so they rely on the PR card to confirm your status.
If you don't have one, as in the case with the OP, then you can cross at the land border where CBSA have access to the Canadian system to confirm PR status. Or maybe in this case, confirm a lack of PR status.

Do you have a job/accommodation to go to when you enter Canada with your family, or are just winging it?

Because even if one doesn’t meet the residency obligation, the status itself cannot be taken away without due process i.e. an immigration judge making that determination.

No way of getting on the plane. Expired PR card, and can’t get a PRTD as doesn’t meet the residency requirement. So the only option is to fly to the US and then try to cross by land.

Just checking, you’ll be travelling alone to start with until a determination is made on your status? Your family are highly unlikely to be granted entry if they are travelling with you, as they have no status in Canada until you sponsor them for PR and it would be pretty obvious they wouldn’t be genuine visitors. I absolutely wouldn’t put them through that, particularly the kids. It would be best to wait for them to join you until you know what the situation is and the chances of them getting a visa through you are.

Good luck.

I would apply for a renewal on your PR card from the online portal, sent to a relative in Canada who can forward it to you.

I would not risk entering via the United States, there have been a few instances now where people have been turned away at the Canadian border and picked up by ICE and detained, even for just innocent mistakes. A British backpacker and a Canadian tourist from BC most recently. The US is very hostile to immigrants and Canada under the Trump regime.

You can't apply for a PR card outside of Canada (even with a relatives address). If IRCC suspect or know that you are outside of Canada (and given that address/travel history is part of the form), then they will simply return/deny the application. The OP can apply for a PRTD and submit H&C grounds that the PRTD should be approved ( https://www.canada.ca/en/immigration...tside%20Canada. ) This is probably the best option imo.

I don't have a job but I will be taking large sum of money from the sale of my house with me to support me.

No i was told by the lawyer to travel with my wife and children as it would look better at the border. Me on my own may not work as I'm more likely to be rejected on my own. I guess the lawyer is appealing to sympathy at the border?

Thank you. Do you have any further information or guidance on this process? Success rate?

You may be be more likely to be rejected (although I'm not sure I agree with that - border officers aren't going to wave you through just because you have a couple of cute kids with you!), but the flip side is that they are more likely to be rejected. As I said above, they can't legitimately claim to be visitors to Canada when they're accompanying you. And if they say they're trying to stay, that's not going to work either. So for the reasons I set out above, I wouldn't be risking it personally, it wouldn't be fair to put them through that. But your call obviously and I guess depends on how old the kids are - if they're older teens you can explain to them that they may be refused entry and kicked back to the US, but younger kids would likely find that very upsetting.

I'm going to tag Former Lancastrian , our resident former CBSA officer, who can tell you how he'd have dealt with you/your family rocking up after 20 years away and trying to enter as a PR. And hopefully give you some advice.

The renewal will likely trigger revocation of my PR?

Thank you for your prompt response. 1 will be in his teens and the other will be a child less than 5 years old. My wife may also be pregnant. Thank you for the tag.

Former Lancastrian the lawyers have said my case would be possible but I understand they may just be trying to make $4000 off me.
My arguement would be, and truthfully, that I left against my will as a child, and until 2 years ago, I didnt actually know I could return or my PR was still valid. During the 22 years away, I looked after my grandparents, who are no longer here, built a career and had kids. Now I am selling my house and leaving a successful career in a director position to come back to Canada.

I'm sorry, but I think your chances are incredibly slim. Even if you are admitted, are you aware of how long H&C applications take? It's 10+ years I believe at the moment with a huge backlog. That's a long time for you and your family to be in limbo.