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Hi
I am in the UK and received my PR card five years ago but was unable to take up residency because my mother had a severe stroke and is in a nursing home. I am her only son in the UK and she has a very high level of need. I tried applying for a travel document but they have informed me that as I have not fulfilled the residency obligation, my PR status is being revoked. I provided a covering letter and evidence regarding the circumstances but this was obviously not enough. My view was that I could not put this off indefinately.
Just wondering if anyone thinks it is worth appealing and whether I should look at getting representation. I could try representing myself, of course, and just explain the circumstances.
The reason I applied for a TD now is that I wanted to return to Canada later this year and, as far as I can see, the only way to re-enter is to obtain a travel document once the card has expired.
Thanks
If you want to keep your PR status, you should appeal. Include more documentation of your mothers illness such as doctors reports and doctors letters stating that she needed care and that you were taking care of her.
Thanks Leon. Do you think I would be advised to get representation at the appeal or would I be able to do this by myself?
A good lawyer can give you pointers on how to get things right and what to do/say and what not to. It's up to you if you feel that you need one.
Thanks again. I think I am right in saying that the only way to re-enter Canada after a PR card has expired is with a Travel Document. Is that the case?
Interestingly, I recently spent a month in Canada before my PR card expired but the border person didn't ask to see it. I guess they will have known I had one.
Has your PR actually been revoked? If it's been revoked you can re-enter Canada as a British visitor for up to 6 months.
If you're not sure, apply for an eTA, if it goes through your PR is invalid and the eTA will be accepted to enter - as long as you are travelling light. Arriving at your port of entry with say 3 suitcases will likely lead to secondary screening to ensure you're not trying to land permanently. Arriving with enough funds to support yourself for whatever you list as you length of stay if also a good idea.
If you are still a PR, I believe you are stuck :-( Unless you have an extremely good reason to need to come (family death for example).
CBSA do know if you are a PR or not on their system. The main reason a PR card is required is to prove to the airline that you are legally able to enter when their system shows you can't otherwise.
JS2015 said:
Thanks again. I think I am right in saying that the only way to re-enter Canada after a PR card has expired is with a Travel Document. Is that the case?
Interestingly, I recently spent a month in Canada before my PR card expired but the border person didn't ask to see it. I guess they will have known I had one.
You can also try the land border if your PR card has expired.
JS2015 said:
Thanks again. I think I am right in saying that the only way to re-enter Canada after a PR card has expired is with a Travel Document. Is that the case?
Interestingly, I recently spent a month in Canada before my PR card expired but the border person didn't ask to see it. I guess they will have known I had one.
You could have just stayed in Canada at that point. You would have had to stay two years and your PR status would have been in good standing again.
It used to be easy for PR's who are visa exempt to just fly over and immigration might or might not realize that you are a PR and just lets you enter as a tourist.
However, now you have to apply for an eTA before you fly and that increases the chances that they figure out that you are a PR and refuse the eTA and tell you to apply for a travel document. Besides, I believe they ask on the eTA if you've ever applied for a visa to Canada too so saying you never did when you were PR could get you in trouble later.
Another way to enter Canada is coming from the US by land because you don't need eTA for that.
However, not that you've applied for the travel document, you have to see it through. If you don't appeal or lose your appeal, you will lose your PR.
Thanks everyone for replying to my questions. If my PR status us revoked, I guess applying from scratch is not as easy as it once was (and it wasn't that easy six or seven years ago). I find the CIC website rather difficult to navigate sometimes and the eligibility questionaire is very temperamental.
Well the entire website is extremely temperamental.
I didn't find it especially easy, it was - for me - the vast amount of information I had to dig up from the past 10 years of my life.
Like trying to recall what dates I flew to Spain in 2005.
I suppose it's a type of equality that it's the same process whether you are from the UK (commonwealth) vs any other country, but I did find having to prove I could speak English rather obnoxious, not to mention costly.
Good luck with the appeal.
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