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Lost my PR status after 18 years but want to retur
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Geranimo View Drop Down
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    Posted: 17 Apr 2012 at 9:53am
I immigrated to BC, Canada (from Holland) in 1987, I was 21 at the time. I came alone and was a nanny when I first got there. Then I married a Canadian in 1988 and got divorced in 1998. Long story short, at the end of 2005 (after 4 years) of working at a renowned recovery centre I kept feeling I had to go back to Holland to deal with my own childhood trauma's in order to truly feel whole again. I never wanted to definitly move back to Holland but in order to deal with all my deep rooted issues I ended up staying way too long. When I found out I overstayed the max. allowed I was devistated but figured there must be a reason for it. Now it's 2012 and not a day has gone by that I haven't missed the West-Coast and want to desperatly move back. My question is: What is the best way to go about getting my permanent residence status back? Do I need to re-apply completely? Am I even allowed to re-apply?
In all the 18 years that I lived there I worked and have great work & personal references. I can get my job back at the recovery centre and the owner is willing to write me a official job offer/gaurantee. Plus I have $100.000,= of my own money to bring. I never had problems with the law, drugs or anything like that and can show that I have been employed in Holland as well.
Does anyone know?
Daniëlle
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dpenabill View Drop Down
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Points: 6407 		Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 17 Apr 2012 at 2:53pm
Probably have to apply for PR status anew, if you qualify . . . such as as a FSW.

If you have not formally lost PR status as yet, you will need to formally have that resolved before you can apply for PR status again.

Seems like there is, probably, little or no chance of preserving your current PR status (if you have not yet formally lost it) or reviving your previous PR status (there is no revival of lost PR status).
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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Geranimo View Drop Down
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Points: 4 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Geranimo Quote  Post ReplyReply Direct Link To This Post Posted: 18 Apr 2012 at 10:03am
Thank you for your response!
Do you know how or where I can find out if my PR is resolved?
And do you know: Can one even re-apply if one has let their status expire?
I appreciate your time with this!
 
Smile
Daniëlle
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dpenabill View Drop Down
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Points: 6407 		Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 18 Apr 2012 at 11:26am
PR Status does not lapse.

Once you are a PR you remain a PR until becoming a citizen or a final adjudication on a Removal Order or the denial of an application for a Travel Docment.

If you have never been issued a Removal Order and never applied for a Travel Document, you probably are still a PR of Canada.

That said, you are probably inadmissible due to a breach of the PR residency obligation. Thus, an application for a PR Travel Document would most likely be denied (one can make H&C arguments), or if you manage to reach a Canadian POE, a Removal Order would most likely be issued upon seeking entry to Canada (again, H&C grounds can be raised); either one of these will lead to a final determination (based on either waiver of appeal, or appealing and losing the appeal) that will effectively be the loss of your PR status.

Losing PR due to inadmissibility for breaching the Residency Obligation does not, not all, preclude re-applying for PR status.

But, again, you must formally lose your PR status before you can re-apply.

If for some reason you really are in doubt about whether or not your PR status has been formally lost, you can apply for a PR Travel Document and that will determine your status.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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dpenabill View Drop Down
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Points: 6407 		Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 18 Apr 2012 at 11:30am
Not sure if the typo (leaving out a word) affects its perceived meaning, but to be clear I will restate:

I should have typed:
Quote Losing PR due to inadmissibility for breaching the Residency Obligation does not, not at all, preclude re-applying for PR status.


Meaning, yes, it is OK to apply for PR status even though one was previously a PR and lost that status due to failing to live in Canada sufficient to meet the PR residency obligation.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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canvis2006 View Drop Down
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Points: 2574 		Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 18 Apr 2012 at 8:06pm
Perhaps the only way to try and save it is by traveling back to Canada. It should not be an issue for you on the Dutch passport, since you do not need a visa for Canada.

You may be questioned @ the airport (probably will) regarding your status, etc and Immigration officials may decide the best course of action. Even if you lose it, you may appeal, which has little chance, but its worth a try if you wish to salvage whatever little is left of it.
You can try and explain personal circumstances, etc to them.

But that's surely about it. If you wish, you should consult some immigration lawyer as well for advice.

Good Luck
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Geranimo View Drop Down
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Points: 4 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Geranimo Quote  Post ReplyReply Direct Link To This Post Posted: 19 Apr 2012 at 2:06am
Thank you for your response! I traveled back twice in the last 6,5 years and got in on my Dutch paspoort. My PR card expired in 2009 so that's a problem anyway.
I want to do this all properly and wonder if going to Canadian Immigration in Berlin would be better then showing up at the airport in Vancouver?
Or is the only place the airport where I can find out if my PR status is resolved or not?
Thank you kindly!
Daniëlle
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canvis2006 View Drop Down
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Points: 2574 		Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 19 Apr 2012 at 9:31am
Well if you go to the Embassy in Berlin, they will revoke your status after they make a residency assessment, which will lead to a refusal of PR Travel Document.....

But if you go to Vancouver, at the airport they may be a bit lenient and during questioning they may ask you reasons, etc....there is a smallest chance they might not write you up for non-compliance....in that case you get in, stay for 730+ days and apply for renewal. You have an advantage due to being from visa-waiver country(NL).

Upto you how you wish to proceed. Note that its not easy at all anymore to apply for and obtain PR status.....

Others may chime in if you feel you got a better suggestion
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Geranimo View Drop Down
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Points: 4 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Geranimo Quote  Post ReplyReply Direct Link To This Post Posted: 19 Apr 2012 at 10:51am
So do you mean that if I were to be able to enter (without my PR card being checked so on my Dutch paspoort only) I would be able to live & work there again for 730+ day's ánd then still be able to have my expired (2009) PR card renewed simply by applying for renewal? Won't they ask why I waited so long before renewing?
Are you an immigrant as well or are you a Canadian that happens to know a lot about immigration?
I really appreciate your time and knowledge!! 
 
Daniëlle
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canvis2006 View Drop Down
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Points: 2574 		Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 19 Apr 2012 at 7:57pm
Well I am a citizen now, previously an immigrant.

And yes that is exactly how I meant it, the trick is to wait the 730+ days before applying for renewal. Be prepared to stay that long, etc, and no guarantee it will work, still a risk you will have to take.

Worst case you get told to leave and return to NL
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