Richos_9

Hi all, hoping for some advice.
We have been back in the UK for almost 5 years now after living and having PR status in Canada for apx. 8 years previously. We really want to move back to Canada but it is obviously not that simple! Our PR cards expired Nov 2015 and in that 5 year period, only spent 5 months living in Canada so haven't fulfilled our residency obligations. I posted on here about a year ago and after some good advice, we spoke with an Immigration lawyer. We were told that our only real options were humanitarian and compassionate grounds(which we don't have) or to renounce our PR status and re-apply. My husband has a job offer from his previous employer out there in BC, but it will all depend on the LMIA outcome. So to assume we get a positive LMIA... Do we renounce our PR status and apply for a Temporary work permit, so that we can get out there quicker (wanting to get the children's schools sorted asap) or do we apply for express entry, taking that bit longer?
Also and quite importantly, if we renounce our PR, do you think that will go against us when we want to reapply?
Any advice is greatly appreciated, thanks.

Former Lancastrian

Renouncing your PR status does not affect future applications. Legally at the moment you are still considered PRs as you have not renounced it nor been reported for failing to meet the residency obligation.
Due to this fact if you got a positive LMIA then on arriving in Canada or applying to CIC for the work permit it would likely be denied as you don't need an LMIA as you are still PRs.
Think long and hard as to the best way to proceed.
Guide 5781 – Applying to Voluntarily Renounce Your Permanent Resident Status

Snowy560

I'd recommend going back to the lawyer as long as s/he has experience with these types of scenarios (residency issues). It's too important to get wrong and IMO not something that can be properly advised on a forum.

S

Richos_9

Thanks for your advice.
We'd much prefer to show up at the border and see if we get in with no problems, but with 2 children, it's not possible. We'd be horrified if we had given up our jobs, schools etc over here to be turned away at the border. Although there is a tiny voice in my head saying 'try it'!
I think we can ask all the question we want, but it all comes down to the what if's and maybe's.
'Think long and hard'..... We have thought of nothing else in the last year, and we are still in the same place! We should have acted last year when our PR cards were still valid!
I think we are just not risk takers!
Frustrating, more for the fact that we can't make a decision.
Many thanks again for your input.

christmasoompa

You don't have to give up jobs, school etc to try it - you can do all that from Canada if you get let in. Or could one of you go and try it, and see what happens? Then the other follow with the children if the first is successful?

Your cards were valid, but your status ran out a long time ago if you've not been in Canada for 5 years. So going last year wouldn't have made any difference, you would have needed to be back in Canada within 3 years of leaving to maintain your PR status.

Personally, I wouldn't risk it either, particularly if you have an employer prepared to do a LMIA app for your husband. But your call - best of luck whatever you decide.

Snowy560

Just to clarify. You remain Permanent Residents until you lose that status. You still have that status until one of the following happens:

- you become a Canadian Citizen
- it is decided (formally) while you are outside of Canada that you haven't met the residency obligation (e.g. you apply for a travel document to return and a process follows from that)
- a removal order is made against you and comes into force
- you renounce that status

Immigration and Refugee Protection Act
See IRPA A46

As Permanent Residents you have the right to enter Canada (if you show up at the border) even if you are later removed (because it is determined when you arrive that you haven't met the residency obligation). However, you won't be allowed to board the plane to Canada without either a valid PR card or a PRTD after March 15.

See a lawyer (with experience in this area). Don't make decisions about this on your own.

S

Richos_9

Thanks for your comments. If it were just my husband and I, it would be an easier
Choice, but our main priority is the children and their coping and dealing with something so big, needs to be as easy and smooth as possible.
I think we'll sit on it for a while longer but I think we know the right thing to do!