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Visiting Canada after loosing PR status

Visiting Canada after loosing PR status

Old Mar 18th 2012, 12:46 pm
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Default Visiting Canada after loosing PR status

Hello,

We have a question regarding a tricky situation our friends found themselves in.

They landed as PRs about 4 years ago, lived in Canada for a couple of months, things didn't work out so they went back. They have not been back in Canada in the last 3.5 years and assume their PR status is no longer valid. They have no plans to live in Canada, so they don't care if they lost their PR. The problem is, they are citizens of a country that requires a visitor visa when entering Canada, and they now want to come for a two-week visit in the summer. We have no idea how to go about that. Can they apply for a visitor visa at the Canadian embassy, even though they are still officially PRs? Can their PR status be revoked at the Consulate? Or should they come and wait for it to be revoked at the border? But would they be allowed to enter Canada then...?

If anybody knows what the correct procedure would be for this situation, we would greatly appreciate the help... Thanks.

Last edited by Jo&Alex; Mar 18th 2012 at 1:20 pm.
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Old Mar 18th 2012, 12:55 pm
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Default Re: Visiting Canada after loosing PR status

Others better qualified will be able to confirm, but as far as I know they remain PRs until that status is taken from them. Once immigration determine that they will not be able to meet the residency requirements the BSOs can initiate action to have your friend's PR status rescinded. However, until the status is rescinded they are still PRs and are still allowed to enter Canada.
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Old Mar 18th 2012, 1:38 pm
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Default Re: Visiting Canada after loosing PR status

Yep, from CIC document ENF23 - section 7.8 - They will be let in, however assuming the CBSA officer is on the ball, it is likely to trigger a report under section 44 (A44) of the Immigration and Refugee Protection Act, which will likely trigger an investigation which will likely trigger cancelation of PR status and a possible removal order.

So they'll get in once - but may not get in again. If they ever plan to return to Canada as tourists, they should contact their local embassy or high commission and get form IMM 5539B - "Voluntary Relinquishment of Permanent Resident Status/Residency Obligation Not Met " - it is not available online - relinquish their PR, then apply for a visa.
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Old Mar 18th 2012, 1:41 pm
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Default Re: Visiting Canada after loosing PR status

If they apply for a TRV they will probably be asked to formally surrender their PR status in some way. If there is any doubt about their intentions they will not be granted the visa.
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Old Mar 18th 2012, 3:54 pm
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Default Re: Visiting Canada after loosing PR status

Originally Posted by Duckman
Yep, from CIC document ENF23 - section 7.8 - They will be let in, however assuming the CBSA officer is on the ball, it is likely to trigger a report under section 44 (A44) of the Immigration and Refugee Protection Act, which will likely trigger an investigation which will likely trigger cancelation of PR status and a possible removal order.

So they'll get in once - but may not get in again. If they ever plan to return to Canada as tourists, they should contact their local embassy or high commission and get form IMM 5539B - "Voluntary Relinquishment of Permanent Resident Status/Residency Obligation Not Met " - it is not available online - relinquish their PR, then apply for a visa.
When they walk off the plane into Passport Control and handover their Passport, they will be red-flagged and told to go to the Immigration office. There the CBSA chap will quiz them over their PR status and why they have not been in the country. They will need to sign a form which states they are officially relinquishing their PR Status. They should be let in as visitors and the CSBA chap will give them a copy of that paperwork they just signed.

I have direct experience of this. Although in my 30s nowadays, I did live in Canada as a kid for 5 years with my parents. They did not take out full PR (as far as they were ever aware).

When i first arrived in Alberta in January 2009 - i got asked why i was holding a Work Permit in my hand as i was still a Permanent Resident. I told them that this was impossible and a long and lengthy check ensued while i was sitting there. Eventually i was told that i had never formally relinquished my PR status and had to now sign a form to do just that, to be allowed into the country. Lots of head scratching behind the counter.

The stupid thing is, this happens to me EVERY TIME i hit Passport Control. Every time i get a different CSBA depending on the Point of Entry and I have to explain that their computer system is screwed. I now keep copies of the previous time it happened and i show this to the CSBA chap who does head scratching all over again. It seems that the piece of paper i sign never makes it's way to the correct place...even though the CSBA chap assures me that "this time we'll sort it out".

Consequently i now add on an additional 2 hours for my arrival processing at a Canadian airport. Especially if the airport for my connecting flight isn't my home town in Alberta.

Good luck
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Old Mar 19th 2012, 1:59 am
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Default Re: Visiting Canada after loosing PR status

Originally Posted by stuabroad
The stupid thing is, this happens to me EVERY TIME i hit Passport Control. Every time i get a different CSBA depending on the Point of Entry and I have to explain that their computer system is screwed.
D'oh! In this case though, the friends of OP are from a TRV country, which means they would normally require a visa to visit Canada, and so couldn't just be let in as visitors like you were.
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Old Mar 19th 2012, 3:01 am
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Default Re: Visiting Canada after loosing PR status

Thanks for all the answers!!

The point is exactly that they do want to be able to keep coming as tourists, so they just want to sort this out the right way... They wouldn't need to apply for a travel document at this time, as their PR Cards are still valid, but that doesn't really solve any problems, as they don't want to risk not being allowed entry or being issued a removal order! I guess a visit to the Canadian consulate sounds like a good place to start.

For some reason I am under the impression that even though in the past PR status had to be revoked in Canada, it can now be done overseas by a Consulate official (after the expensive war evacuation of Canadian "citizens" and "PRs" who then proceeded to go back within weeks...?). It's helpful to know what they should ask for. We sure hope 4 months is enough time to sort this out, we have big plans for them!!!

Thanks again....
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