Potential loss of status - future travel implications
Oct 3rd 2002, 4:47 am
#1
Guest
Posts: n/a
Potential loss of status - future travel implications
Dear all,
I recently landed in BC as a European PR (only 3 months ago).
Unfortunately, due to sudden health related issues with my mother, I
will have to go back home to take care of her. At present, I don't
know how her condition will evolve and whether I will be able (or
decide) to come back to Canada at all as a permanent resident. So
before I leave BC, I want to make sure I dispose of all the necessary
information to avoid any surprises due to non compliance
with the regulations.
It is my understanding that, in order to retain my status and comply
with the provisions in the new IRPA, I will have to accumulate 2 years
(the 730 days rule, [A28(2)(b)(i)]) of physical presence in Canada in
the next 5 years.
Therefore, I have some hypothetical questions regarding the potential
loss of my permanent resident status and the possible implications for
any future travel plans.
1) Would I still be able to simply visit Canada in the future (after 3
years) if I were to lose my PR status (regardless of the fact whether
I apply to retain my status based on humanitarian and compassionate
grounds) ? Or would I automatically also be deemed inadmissable as a
tourist because of the failure to comply with the residency
obligations as a PR (i.e. considered to be potentially seeking
re-admission as a returning PR after losing my status).
2) Is it therefore possible to voluntary and officially (through a
signed declaration of some sort) "abandon" Canada as one's place of
permanent residency and become a "normal" foreign national again (in
the event I would decide to remain in my country of origin
indefinitely and come to Canada only for travel purposes) ?
Thank you kindly for taking the time to read this and for any
information/experiences/advice regarding my situation.
David
I recently landed in BC as a European PR (only 3 months ago).
Unfortunately, due to sudden health related issues with my mother, I
will have to go back home to take care of her. At present, I don't
know how her condition will evolve and whether I will be able (or
decide) to come back to Canada at all as a permanent resident. So
before I leave BC, I want to make sure I dispose of all the necessary
information to avoid any surprises due to non compliance
with the regulations.
It is my understanding that, in order to retain my status and comply
with the provisions in the new IRPA, I will have to accumulate 2 years
(the 730 days rule, [A28(2)(b)(i)]) of physical presence in Canada in
the next 5 years.
Therefore, I have some hypothetical questions regarding the potential
loss of my permanent resident status and the possible implications for
any future travel plans.
1) Would I still be able to simply visit Canada in the future (after 3
years) if I were to lose my PR status (regardless of the fact whether
I apply to retain my status based on humanitarian and compassionate
grounds) ? Or would I automatically also be deemed inadmissable as a
tourist because of the failure to comply with the residency
obligations as a PR (i.e. considered to be potentially seeking
re-admission as a returning PR after losing my status).
2) Is it therefore possible to voluntary and officially (through a
signed declaration of some sort) "abandon" Canada as one's place of
permanent residency and become a "normal" foreign national again (in
the event I would decide to remain in my country of origin
indefinitely and come to Canada only for travel purposes) ?
Thank you kindly for taking the time to read this and for any
information/experiences/advice regarding my situation.
David
Oct 3rd 2002, 3:11 pm
#2
Guest
Posts: n/a
Re: Potential loss of status - future travel implications
Dear David:
Assuming that you loss your PR status, you will have to apply for Canadian
permanent residency again. You would not be automatically deemed
inadmissible as a tourist. You would be permitted to enter Canada as a
temporary resident if you were able to satisfy the immigration officer that
you intend on entering Canada only temporarily.
Yours truly,
Ingrid Y. Chen, B.A., LL.B.
_____________________
Webimmigration.com
225-141 Bannatyne Ave. E.
Winnipeg, Manitoba
Canada R3B 0R3
Tel: 1-204-943-3303
Fax: 1-204-943-2625
Email: [email protected]
Visit our website at:
www.webimmigration.com
David McCormick wrote in message
news:7910c3b1.0210022047-
[email protected]...
> Dear all,
> I recently landed in BC as a European PR (only 3 months ago).
> Unfortunately, due to sudden health related issues with my mother, I
> will have to go back home to take care of her. At present, I don't
> know how her condition will evolve and whether I will be able (or
> decide) to come back to Canada at all as a permanent resident. So
> before I leave BC, I want to make sure I dispose of all the necessary
> information to avoid any surprises due to non compliance
> with the regulations.
> It is my understanding that, in order to retain my status and comply
> with the provisions in the new IRPA, I will have to accumulate 2 years
> (the 730 days rule, [A28(2)(b)(i)]) of physical presence in Canada in
> the next 5 years.
> Therefore, I have some hypothetical questions regarding the potential
> loss of my permanent resident status and the possible implications for
> any future travel plans.
> 1) Would I still be able to simply visit Canada in the future (after 3
> years) if I were to lose my PR status (regardless of the fact whether
> I apply to retain my status based on humanitarian and compassionate
> grounds) ? Or would I automatically also be deemed inadmissable as a
> tourist because of the failure to comply with the residency
> obligations as a PR (i.e. considered to be potentially seeking
> re-admission as a returning PR after losing my status).
> 2) Is it therefore possible to voluntary and officially (through a
> signed declaration of some sort) "abandon" Canada as one's place of
> permanent residency and become a "normal" foreign national again (in
> the event I would decide to remain in my country of origin
> indefinitely and come to Canada only for travel purposes) ?
> Thank you kindly for taking the time to read this and for any
> information/experiences/advice regarding my situation.
> David
Assuming that you loss your PR status, you will have to apply for Canadian
permanent residency again. You would not be automatically deemed
inadmissible as a tourist. You would be permitted to enter Canada as a
temporary resident if you were able to satisfy the immigration officer that
you intend on entering Canada only temporarily.
Yours truly,
Ingrid Y. Chen, B.A., LL.B.
_____________________
Webimmigration.com
225-141 Bannatyne Ave. E.
Winnipeg, Manitoba
Canada R3B 0R3
Tel: 1-204-943-3303
Fax: 1-204-943-2625
Email: [email protected]
Visit our website at:
www.webimmigration.com
David McCormick wrote in message
news:7910c3b1.0210022047-
[email protected]...
> Dear all,
> I recently landed in BC as a European PR (only 3 months ago).
> Unfortunately, due to sudden health related issues with my mother, I
> will have to go back home to take care of her. At present, I don't
> know how her condition will evolve and whether I will be able (or
> decide) to come back to Canada at all as a permanent resident. So
> before I leave BC, I want to make sure I dispose of all the necessary
> information to avoid any surprises due to non compliance
> with the regulations.
> It is my understanding that, in order to retain my status and comply
> with the provisions in the new IRPA, I will have to accumulate 2 years
> (the 730 days rule, [A28(2)(b)(i)]) of physical presence in Canada in
> the next 5 years.
> Therefore, I have some hypothetical questions regarding the potential
> loss of my permanent resident status and the possible implications for
> any future travel plans.
> 1) Would I still be able to simply visit Canada in the future (after 3
> years) if I were to lose my PR status (regardless of the fact whether
> I apply to retain my status based on humanitarian and compassionate
> grounds) ? Or would I automatically also be deemed inadmissable as a
> tourist because of the failure to comply with the residency
> obligations as a PR (i.e. considered to be potentially seeking
> re-admission as a returning PR after losing my status).
> 2) Is it therefore possible to voluntary and officially (through a
> signed declaration of some sort) "abandon" Canada as one's place of
> permanent residency and become a "normal" foreign national again (in
> the event I would decide to remain in my country of origin
> indefinitely and come to Canada only for travel purposes) ?
> Thank you kindly for taking the time to read this and for any
> information/experiences/advice regarding my situation.
> David
