Revoking PR card/ Entering Canada

[HardTruth]

I hope some of the experts can help me out - I really need help.

In 2001, I landed in Canada as a PR, as my father had gotten PR status for himself, my brother, me and my mother. My father left the country soon after as he was looking after my mother who was unable to travel and land with us due to health reasons. My brother and I went to university here and graduated. My brother stayed back and became a Canadian citizen. He now lives in Canada with his wife and children.

I returned to be with my parents in 2004 after I graduated from Queens with my Bachelors. I had still not completed my residency requirements. I began looking after my parents, and also got a job in my country of birth. During this period, both my father and my PR cards expired in 2006.

I had no intention of returning to Canada, so I did nothing to try to apply for renewals. Unfortunately, last year my beloved mother passed away after a long illness and now I am looking to get out of this environment and return to Canada, to hopefully get another degree and then begin working and settle down in Canada, close to my brother and his family...as they are the only family I have left.

I am based in Karachi, Pakistan and I have already gotten admission into several universities in Canada, such as York University, University of Toronto etc for September 2013. As I was getting ready to apply for my student visa, I was told by a visa consulting agency that I could not send my student application to the Canadian embassy, as I was probably still a PR holder, even though my PR card expired in 2006.

As such, I asked the UOT and York to defer my admission till next winter/fall so I could resolve my status issues. Now, I have no clue on how to proceed...I was told I need to revoke my expired PR before applying for a student visa? Is that correct? If so, how do I go about it? Secondly, should I not just apply for my student visa, with a cover letter explaining I was a PR at one time, and sending my expired PR card with the application?

Also, what are my chances of getting the visa and is there anything else I should do from my end to make sure I have everything covered?

Also to add here are the details of my stay in canada:

Arrived in Canada as International student: September 1998
Left Canada as an international student: August 1999
Returned to Canada as an international student: September 1999
Left canada as an international student: January 2001
Returned to canada to land as a PR: May 2001
Left canada as PR: September 2001
Returned to Canada as a PR: May 2002
Left canada as a PR: February 2003

 

[zardoz]

The quickest way to resolve this is to apply for a PR Travel Document at your local embassy.
It will almost certainly be refused and you will be invited to appeal. Decline the offer and your PR is lost.
Then apply for the study visa as normal.

If, by some miracle, your PR Travel Document is granted, return immediately to Canada...

 

[Leon]

If you do apply for a travel document, emphasize that you were taking care of your sick parents for all those years. I don't think you have much of a chance though. If the travel document is approved, you can return. If it's denied, you can appeal but if you don't appeal or lose the appeal, you lose your PR. If you lose your PR, you can apply for a student visa.

 

[HardTruth]

The quickest way to resolve this is to apply for a PR Travel Document at your local embassy.
It will almost certainly be refused and you will be invited to appeal. Decline the offer and your PR is lost.
Then apply for the study visa as normal.

If, by some miracle, your PR Travel Document is granted, return immediately to Canada...

So do I have to apply for the travel document first, no matter what?

If you do apply for a travel document, emphasize that you were taking care of your sick parents for all those years. I don't think you have much of a chance though. If the travel document is approved, you can return. If it's denied, you can appeal but if you don't appeal or lose the appeal, you lose your PR. If you lose your PR, you can apply for a student visa.

The issue Im having is that Islamabad is one of the worst embassies in terms of processing time - should I apply for the travel document first? Or just apply for the student visa initially, with a cover letter explaining I used to be a PR and attach my PR card to the application?

 

[zardoz]

Read this -> http://www.cic.gc.ca/english/resources/manuals/op/op10-eng.pdf especially section 13.

It explains how it all works....

There is NO point in applying for any sort of visa if your PR status is unresolved. They will simply reject the application.

 

[Leon]

If you can get a US visa, you can also try your luck at the land border. Show up with your landing papers and expired card and explain the situation. You are right, Islamabad takes forever and they will not give you a student visa while you are still a PR. You must get that taken care of first.

 

[Msafiri]

I see very little chance of getting a successful appeal on H&C grounds with this one - I'd expect CIC lawyer to have reasons including:

(i) did not return to Canada at first opportunity
(ii) the siblings were in Canada and could have looked after him
(iii) the family knew the condition of the parent at landing (was she given a medical as part of the PR process)
(iv) the other parent was the primary carer so why did you have to be there
(v) your work history in Pakistan

The US visa route is your fastest realistic option but it depends on how strong your ties are in Pakistan. Check the immigration programs available on the CIC website and see if you can enter via a work permit route...getting a student visa could be difficult.