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  Canada Immigration Forum > Immigration & Citizenship > Ask Immigration Expert > reinstating PR status
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reinstating PR status




My mom became a Canadian PR few years ago (more than 5) and did not fulfill residency requirements.

Now I want to apply for her Canadian visitor visa. I am aware of the option of voluntarily renouncing permanent residency status. Though I want to apply for visitor visa, I am considering should I apply for reinstating PR on humanitarian grounds ? She lives by herself in India and needs someone to take care of her now. She is NOT on wheel chair nor needs 24 hours attendant but shes slowly aging as all do.

If I do apply for reinstatement, how much time this process might take, either way. Meanwhile how can I call her here then ? I will have to wait for the result, correct ?
I saw this below response from another post so aware of that.
Thanks
.....................................................................................................................................

That does not mean that you cannot re-APPLY for another entry into Canada. Which you are doing/OR/ will be doing again. It will be a NEW Process. You were originally qualified to enter and work. So, there is a possibility that you will be let inside Canada. While you are here you can find a similar post and ask them if they will let you stay and get PR. It is a Separate Process.

All of these are process that one needs to try or follow. Some will be considered as a short cuts. A few other as a REGULAR Process or as a NORMAL Application. Currently, the normal Application is from OUTSIDE of the Country. A Few have also applied from within. A few succeeded.

Your idea is to return and resume where you left off. There is just a small fee and an application that you will have to file and it might entail a small delay and if you can put up with it, I am sure you will succeed. Your chances of re-entry are 90% and the other 10% depends upon the your Language skills and your current age. Some jobs have evaporated or got filled. But there are plenty of other jobs in your qualification and how well you will fit into it depends upon how desperate the Province and the Employer is.

So, take another PLUNGE. But do it through the normal process, which is get your IELTS first and then pay the fee and file an Application. AND Good Luck to you.

FH.
If you need further assistance, ask. You have done this once before. It should be a breeze. May be a nail biter now!
---
Quote:
Originally posted by aufbohn


 
Aashu

Senior Desi
Member since: Nov 04
Posts: 1352
Location: Vaughan

Post ID: 236598 29-01-18 15:28:37
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Full House
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Member since: Oct 12




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Legal Advice always Supersedes as the procedure to follow is precise.

There are so many reasons why one does not want to complete the TWO years of the Required Obligations (RO) to keep up or maintain the PR Status. Most of them apply and get a SUPER VISA to test it out and it could be done by you also at a later date.

The question is.: How serious a condition is your Mom is in and her needs and the care that you can provide to her at that end is and does it meet your level of satisfaction or does it falls short?

Now to the question that you asked.: Which is RENOUNCE the Permanent Resident Status and obtain a Visitors Visa. The fact remains true, which is your Mom has lost it.(PR status) If you want to fight it out on Humanitarian Grounds, the renouncement of the same will not work. The reason being your Mom will have to get a Medical Report stating that her mental condition is failing her and Dementia has started to set in. (That is what I gather from your materials supplied, which is aging.) The Validity of renouncement becomes questionable.

So, please do the renouncement and ask her to get a 10 year Visitors Visa, with Multiple entries. Please see if she can get it. If she can, then she gets into Canada and is in here with you. Also she can move in and out too. The Visa will take care of it. Every year in the Month of January they open the doors again for about 10,000 visas for Family reunification. It has become a lottery system. You can apply for it and get in the queue. And since she is in here, the papers can be processed from within. Once she is in, she will be under your care and you can work wonders here from with in.

You will also do it better when you go back to pick her up and accompany her back into Canada. At that juncture you can close out all of the personal matters there in India and leave a clean slate there and close out the chapter.

These are my thoughts and if it suits you, please carry on smartly. There are other alternatives. Which is crossing the Borders in a private vehicle with the Passport and Expired PR card and the Landing Permit. Then go about the PR status and spend a similar amount once again to resolve it on humanitarian and Compassionate grounds.There you will need lot of Political help and also a good Legal Adviser. All of this takes preparations and it has been done also.

If you wish to do the same, then you may please ignore this Posting. You will need a Lawyer, his help will supersede my memo here. Follow his procedure correctly and word for word.

Hope this helps.

FH.

----
Quote:
Originally posted by Aashu

My mom became a Canadian PR few years ago (more than 5) and did not fulfill residency requirements.

Now I want to apply for her Canadian visitor visa. I am aware of the option of voluntarily renouncing permanent residency status. Though I want to apply for visitor visa, I am considering should I apply for reinstating PR on humanitarian grounds ? She lives by herself in India and needs someone to take care of her now. She is NOT on wheel chair nor needs 24 hours attendant but shes slowly aging as all do.

If I do apply for reinstatement, how much time this process might take, either way. Meanwhile how can I call her here then ? I will have to wait for the result, correct ?
I saw this below response from another post so aware of that.
Thanks
.....................................................................................................................................

That does not mean that you cannot re-APPLY for another entry into Canada. Which you are doing/OR/ will be doing again. It will be a NEW Process. You were originally qualified to enter and work. So, there is a possibility that you will be let inside Canada. While you are here you can find a similar post and ask them if they will let you stay and get PR. It is a Separate Process.

All of these are process that one needs to try or follow. Some will be considered as a short cuts. A few other as a REGULAR Process or as a NORMAL Application. Currently, the normal Application is from OUTSIDE of the Country. A Few have also applied from within. A few succeeded.

Your idea is to return and resume where you left off. There is just a small fee and an application that you will have to file and it might entail a small delay and if you can put up with it, I am sure you will succeed. Your chances of re-entry are 90% and the other 10% depends upon the your Language skills and your current age. Some jobs have evaporated or got filled. But there are plenty of other jobs in your qualification and how well you will fit into it depends upon how desperate the Province and the Employer is.

So, take another PLUNGE. But do it through the normal process, which is get your IELTS first and then pay the fee and file an Application. AND Good Luck to you.

FH.
If you need further assistance, ask. You have done this once before. It should be a breeze. May be a nail biter now!
---
Quote:
Originally posted by aufbohn





 
Post ID: 236602 30-01-18 12:41:08
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Aashu
Senior Desi
Member since: Nov 04




Posts: 1352
Location: Vaughan


Thankyou so much for ur time n efforts to respond here , seems like u r the only one answering to all :)

Supervisa and PR , biggest diff is medical costs...
its not dimentia but just general reduced immunity etc

I did not get info from CIC websites about actual procedure to reclaim / reinstate the PR status.


 
Post ID: 236603 30-01-18 13:33:56
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Full House
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Posts: 2414
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You please seek proper legal help and advice.


If it is just restricted movements and dis-ability, then dementia does not enter the picture.

Renouncing the PR Status Voluntarily, opens the door for a 10 year Multiple Entry Visa. Which I am sure that they will give. But you will have to revert back to establishing ties there in India, if you can, Please do so. HOW? Having property, a Good Bank Balance, Membership in a local Group and activity there in, even Bhajan Group will be O.K. too. That is to show that she will return back on the Visitors Visa. Here in Canada when you join a group you may have to pay a fee. I cannot say the same about these groups there in India.

Once she is IN Canada, you can keep her here on that visa.

Yes Health Care Costs are excessive here in Canada, it will certainly clean your Bank Balance. And the cost of an Insurance Policy here is about $10/day, depending upon the age and health status. You please prepare yourself for all of the costs.

Once you Voluntarily renounce the PR Status, you can apply for a Visitors Visa. There are a few Lawyers here who will answer your questions for a small fee and if you would like to retain their services subsequently for Visa etc., they will apply the same towards it and give you credit. Yes, all of this will cost you a good buck, say $300 or there about. But it is a One time fee. You should avail the same, to make it more legal. When the CIC sees that you are proceeding through the legal channels, they will also issue to you a 10 year Visa. That opens the doors again for an Immigrant Visa and you can sponsor your Mom once again. If you want to retain the same lawyer then, just ask for Sponsorship help and tell him or her the current situation and they will get the picture. He or She will have to help you with all of the help to clear the slate first.

Hope this helps.

FH.


---
Quote:
Originally posted by Aashu

Thankyou so much for ur time n efforts to respond here , seems like u r the only one answering to all :)

Supervisa and PR , biggest diff is medical costs...
its not dimentia but just general reduced immunity etc

I did not get info from CIC websites about actual procedure to reclaim / reinstate the PR status.





 
Post ID: 236605 30-01-18 15:42:08
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Aashu
Senior Desi
Member since: Nov 04




Posts: 1352
Location: Vaughan


I think there is some mis-communication, I am thinking of NOT To renounce the PR status but try to keep it now and need guidance how to do that !

 
Post ID: 236606 30-01-18 15:47:00
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Full House
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Member since: Oct 12




Posts: 2414
Location:




Most of us retain a copy of the IMM 1000 or the Landing Papers. Also we have the EXPIRED PR Card. If you can travel to USA, say to Buffalo, then make an entry into the USA and spend and rest up and then make your trek into Canada by a Motor Vehicle. It has got to be a Private vehicle. NO Public Carrier will issue to you an Air Ticket or a Bus Ticket with out a Valid PR Card or a PRTD, the re-entry Permit. So, the only entry is by a car at a crossing.

The main reason being, you only lose the Validity of PR Card but NOT THE STATUS. Hence the Voluntary Renouncement.

To try and get the PR Status through Humanitarian and Compassionate Grounds, you will have to prepare a proper case with good reasons to support the situation with all kind of documents to go with it for them to reinstate the PR Card and the status with it. Only a lawyer can do the appeal process or help you with this issue. It is passed the normal help routines for me, hence the legal route.

That is why when I started the first post, I said, I do not know the reasons for your Mom not being able to fulfill the R.O. Each one has its own merits. What is the reason for your Mom not to return back to Canada and complete the two years of requirements.Only you know the same.

If it is a good one, the LAWYER Can explore it for you. Yes you can do the same at the Indian end too. The costs may be a little lower than Canada. But you will have to find a lawyer in GOOD STANDING and who knows the Canadian Immigration Rules and Regulations. That is it.

Hope this helps clear the misunderstanding.

FH.

-----
Quote:
Originally posted by Aashu

I think there is some mis-communication, I am thinking of NOT To renounce the PR status but try to keep it now and need guidance how to do that !





 
Post ID: 236608 30-01-18 16:12:35
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Aashu
Senior Desi
Member since: Nov 04




Posts: 1352
Location: Vaughan


thanks !

if she enters by motor vehicle, from USA, will she be allowed in canada and then eventually do the case or one has to present papers at point of entry ?


 
Last edited by: Aashu on 30-01-18 16:57:34
Post ID: 236609 30-01-18 16:55:55
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Full House
Senior Desi
Member since: Oct 12




Posts: 2414
Location:



To make it very simple and easy, "If you are entering in a Private Vehicle, make sure that all of you have proper Identification Papers, for re-entry and nothing else to declare or bring into Canada". That simplifies your MOM's entry into Canada.

They cannot, REPEAT CANNOT , deny entry to a PR with an expired PR Card. So, the entry to her is assured. But they will take you into the secondary and get all of the details and will ask for PROPER Mailing address and within 30 days of entry, she will be asked to leave Canada, and NO HASSLES. If she wants to stay, you already know the procedure.

A Valid Passport for your MOM. Her Pr card, Her Landing Papers, SIN, Health card, Any other ID, such as Drivers Licence or MOT ID, if available, one more pictorial ID. Please have them handy and please make coloured copies of them for yourself. Next the process.

IT IS ONLY A LEGAL process and you will need a lawyer and his fees. Please find a good one before she arrives here. 50% of the people succeed. The other 50% are sent back. If that happens, there is NO RE-ENTRY. Only a Ministerial Pardon will get the ones that got expelled.

You do not have to answer. But what are all of the good reasons for her to be re-issued again with a PR Card? That is the crunch. If you have good reasons and the LAWYER Can explore them before her arrival, then, you are already in the winner's circle. Have the papers handy to do the same.

You know it now.

Good Luck.

FH.


 
Post ID: 236611 30-01-18 17:45:51
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