Received CoPR in 2009 but never landed.

[ravibehl]

Hi Everyone,

I have a question that requires assistance from a professional at Immigration law.

I had applied for PR way back in 2007 and received the CoPr and PRTD in July 2009. Owing to personal circumstances, was unable to utilize the PRTD back then. After a couple of years (2011) and sorting my issues at hand I was finally ready to immigrate, however the consultant I had used intimated that I would need to reapply all over again as a fresh PR. Not wanting to go through he whole process and not to mention the fee associated with a fresh application, I dropped the idea all together.

This May I had decided to visit Canada on a Visitor Visa to tour the country and see what I had missed out on. Was intimated by the Embassy that as I have not obtained a negative PR determination and have never landed, Im still deemed a PR. Either I can renounce it or re apply for a PRTD. Surprised at this answer, I re applied for PRTD providing recent documentation as requested.

I wanted to seek the professional services of an Immigration attorney on this on my options.

Regards

RB

 

[scylla]

Hi Everyone,

I have a question that requires assistance from a professional at Immigration law.

I had applied for PR way back in 2007 and received the CoPr and PRTD in July 2009. Owing to personal circumstances, was unable to utilize the PRTD back then. After a couple of years (2011) and sorting my issues at hand I was finally ready to immigrate, however the consultant I had used intimated that I would need to reapply all over again as a fresh PR. Not wanting to go through he whole process and not to mention the fee associated with a fresh application, I dropped the idea all together.

This May I had decided to visit Canada on a Visitor Visa to tour the country and see what I had missed out on. Was intimated by the Embassy that as I have not obtained a negative PR determination and have never landed, Im still deemed a PR. Either I can renounce it or re apply for a PRTD. Surprised at this answer, I re applied for PRTD providing recent documentation as requested.

I wanted to seek the professional services of an Immigration attorney on this on my options.

Regards

RB

If you want to seek the professional services of an immigration attorney on your options, you will need to contact one.

None of us here are immigration lawyers, we are all normal people like you.

However this forum is paid for by an immigration lawyer. You can reach out to his office.

BTW: Your story doesn't quite make sense. You can only recieve a PRTD if you are already a permanent resident. So either you used your COPR and landed and became a PR (and obtained a PRTD after that) - or you never received a PRTD. It can't be both.

 

[ravibehl]

Hi, thanks for your reply.

Perhaps I should try and elaborate on my story/case.

I did receive a CoPR document and also received the Landing Visa (Immigrant Visa) (in July 2009) which I'm assuming to be a PRTD. However, I didn't land due to circumstances.

It was only this year May when I had submitted an application for Visit Visa was I informed that I was still deemed to be having a PR status as I never landed and hence didn't generate a negative PR residency determination. Was asked to either re apply for a PRTD in order to land or to apply for renunciation of the PR status.

At this opportunity, I reapplied for a PRTD as per the instructions provided.

 

[scylla]

A landing visa and a PRTD are two completely different things. A landing visa allows you to travel to Canada to use your COPR and become a PR. A PRTD is a visa for individuals who are already permanent residents but don't have a valid PR card and need to return to Canada.

IMO - IRCC has made an error in stating that you have PR status. If you never traveled to Canada to use your COPR to land, then you never became a PR.

Applying for a PRTD is going to result in having your PR status officially revoked by IRCC since you don't meet the residency requirement.

 

[ravibehl]

Ok noted. In your experience can someone reapply for a PR from scratch if in case the IRCC revokes the earlier PR status? Or any other ideas?

 

[scylla]

Ok noted. In your experience can someone reapply for a PR from scratch if in case the IRCC revokes the earlier PR status? Or any other ideas?

You can certainly apply from scratch. Absolutely nothing stopping you from doing that provided you qualify / have enough points to be selected.