mimicapes

I have searched various sites and find nothing to answer my questions. I was Landed in 1989, worked in Canada for the next 4 years, and then had to leave to care for my mother in Israel who was recovering from surgery. While with her, I met and married a British gentleman whose work took him all over the world and I, of course, accompanied him. I was thus unable to live in Canada but continued to visit 2 or 3 times a year and continue to do so. I receive a Canadian government pension monthly - I have a SIN number - I still have my original landing document. To complicate matters, I worked for the Canadian military on the Golan Heights for 8 years as a local hire, but this was just prior to my Landing. My daughter landed in about 1987 and is now a Canadian citizen as are her husband and children. We are retiring and want to be near my daughter and family (GTA). So...any chance of my reactivating my landed status or will I have to go the long way around and have my daughter sponsor me (us)? (Just for the record, I am 69 years old and in good health.) Help!

bewillow

I suspect not, but there may be some special exceptions if you have been working for the Canadian federal government. What sort of job did you do with which department and when?

mimicapes

I multi-tasked whilst working for the military: translator/interpreter, secretary to the Comptroller, Engineering Officer and Admin Officer, editor of the camp newspaper, etc. I once did try to pry the records of my employment out of HR people at DOD in Ottawa but had no luck. I was told that local hire records were not always kept for long periods, which seems to be the case. I do appreciate your taking the time to reply. This is my first time on any forum, ever!

mimicapes

Oh, sorry, I forgot to mention the dates of my employ: June 1980 to end 1987.

Aviator

You cannot reactivate PR, once it's lost it's gone for good. Shame you did not get citizenship when you were here before. When working for the Canadian Govt. before coming as PR counts as nothing for residency.

As I understand it you would have to apply to relinquish your old PR status and then apply from the beginning again.

ESarge

Hi Mimicapes,
Welcome to the site!

I think you'll need to get your daughter to sponsor you although your case is interesting.

To keep PR status you need to spend 2 years in every 5 in the country. There are some exceptions but I don't believe they apply. If your visits back to the country look like they might add up to 2 years in every 5 then it's worth seeing if you have enough information to prove it to CIC.

Your work in Israel, because it was before you landed, isn't relevant here. If it had been after you landed then I believe it would be because it was federal government service.

Your husband, while being British, doesn't happen to be a Canadian citizen at all, does he? That's one of the exceptions.

So, I'd suggest going for parental sponsorship. Get your daughter onto it as soon as she can (she'll need to get a certain piece of paper from the Canada Revenue Agency). Unfortunately, parental sponsorship is just about the longest way in. I'd expect it to take 3-4 years.

As an aside, I'm planning to sponsor my own mother across once I have PR and the tax document.

Now, I said your case was interesting. The significant ties to Canada and the government service might be very helpful. This could justify having a talk with an immigration lawyer. The people on this site are most familiar with getting skilled workers in so may not have the specialist information that might help.

iaink

Have you officially been told by CIC that your status has lapsed? As others have said, sponsorship is your most likely bet, however, there is an appeals process for people who have lost PR status, as long as its lodged soon enough.

At best though its a long shot,as clearly you have been gone a while.

http://www.irb-cisr.gc.ca/eng/brdcom...es/resoap.aspx


It might be worth paying for a chat with a canadian immigration law specialist (rather than a bunch of internet knowitalls ) otherwise sponsorship it is.

mimicapes

No, I have only gotten a dose of doubletalk in officialese a number of CIC agents on a number of Call Centre calls. I was (I think) told that I have to apply to Paris CIC for a Travel Document but no evaluation of my situation has been done. However, I will go to your link and see what may unfold there. I confess that I am not adept at internet searching.

I "left" Canada in 1993. An interesting side question: one's passport is stamped on arrival in Canada but not on departure, as most other countries do. How do they know how long you've stayed?

iaink

Modern passports are "machine readable" and get scanned as you come and go; Even if you are not scanned on exit, you are on arrival at your destination, and presumably in these security concious time, information is passed from nation to nation, so I expect that if they wanted to double check there are computer databases with the information there to be found. Its a good question though!

Aviator

If you did not get a returning residents permit and it is deemed you may have abandoned Canada and did not intend to return status is lost. Sixteen years have passed, it is extremely doubtful they would allow it. Anyone leaving the country for more than 183 days in 12 months should get a returning residents permit or they may end up in the same situation. The 2 in 5 rule still applies, but so does the 183 in 12 months.

Your passport is a record of where you've been. Immigration have a good way of putting it all together. Get caught out deceiving them and any chance of coming in, even as a visitor evaporate. If you are in, then a deportation order may be issued and again, no chance of coming back, or even to the US.

iaink

NO, THE RETURNING RESIDENT PERMIT / 183 DAY RULE HAS NOT EXISTED SINCE 2002.

PRs can leave for three years at a time, as long as they meet the 2 in 5 rule still.


No help to the original poster of course, but lets not post out of date info if we can help it!

Maybe you are confusing the RRP with the Travel document for those without a PR card...



I cant help wonder what would happen if the OP came to canada to visit her daughter, entering as a visitor with a british passport (so no need for the PR card to board a flight here), and then just decided to renew her old driving license, OHIP card etc etc, already got the SIN card of course.... Would they actually catch on, does a SIN# flag as inactive after a while?

mimicapes

Although this is a reply to IainK, it is really to all of you detectives who have taken the time to consider my issue. To have a number of good minds attacking the problem from different angles and with new info and ideas to contribute is marvelous for me.

I never got an RRP because I fully intended to return to Canada in a few months. Fate had other ideas. There are many "shoulda done's and coulda done's" in my tale but that clock only goes in one direction, doesn't it?

I have been most interested in the SIN number scenario since that number appears on my pension check every month and the government sends me tax forms and love notes as a non-resident Canadian so I seem to have an official existence in Canada and that is heartening. I doubt I could renew my medical card (Alberta, btw) or driver's license (also AB) since I no longer have them or, indeed, my actual SIN card. When one moves from country to country to country, things get lost over almost 20 years, as every expat knows.

Note: I never mentioned, I see, that I am an American and travel on a US passport. I dearly hope that does not aversely effect anything.

Yes, I would like to speak to a reputable immigration lawyer. Any names?

Thanks to all.

PS Sarge, sorry I somehow deleted my reply to your thoughtful post.

bewillow

It is not possible to just move back to Canada. You would need to have a new-format PR card, which she does not have. You can identify yourself with a US passport, but you also need to prove your residence status (which a SIN card will not do).

mimicapes

So even though I have an active SIN number, receive a Cdn govt. pension, and pay taxes, these do not strengthen my claim to permanent residency status. Is that how you understand it?

bewillow

In general no. PR in canada is based on the 2 year residency in the past 5 years.

But... why do you pay taxes in Canada? Normally you would only do this if you were resident.

Also, if you want to work in Canada, you might be able to do that with a free trade visa and your US passport, though I do not know much detail about this area. Just an idea...