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How to return back to Canada?

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immg View Drop Down
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    Posted: 05 Jan 2012 at 9:45am
Hi, 

I immigrated to Canada in 2000. After a short time of a couple of months, I had to go back to my country because my mother got diagnosed with cancer. The cancer was in an advanced stage so I could not leave because I had to take care of her as I am the elder son. She was my #1 priority and I could not deal with my other duties such as PR/immigration. Keep in mind, I do not have a PR card because it started in 2002. Here is my question: How can I return back to Canada as a PR? Also one of children was born in 2004 and he does not have a status in Canada, so what about him?

All feedback is greatly appreciated.

Thanks.
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 05 Jan 2012 at 12:24pm
Apply for TD (which will be denied) or surrender PR status, and then re-apply.

While technically you are still a PR, your breach of the residency obligation is not going to be overlooked based on H & C grounds when it has been that long since you were in Canada (lots of reasons). You are, thus, inadmissible, and thus an application for a TD will be denied (almost guaranteed, but not quite guaranteed). If you manage to enter Canada without being issued a removal order per some ruse (claiming to be visitor for example), you will further become inadmissible for misrepresentation.

Bottom-line: clear the technicality of still having PR status and re-apply.
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 06 Jan 2012 at 11:58am
Not much can be done, its been too long (over a decade now)
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