PR expired with work visa

[Rosemeire Oliveira]

Hello, I really have a concern and need your help!
I had received de CSQ (Québec) and after this, I got the Canadian PR in Sept/2006 and I haven't replace my PR card, so it expired 2011. Since I thought I didn’t complete the residency requirement, then I was sure it had expired (I moved back to Brazil in 2009), but I never officially renounced the Canada PR.
After 7 years, in 2016, I applied for an visitor’s visa and I didn’t have problems to enter in Canada to travel.
I'm right now living in Brazil, but meanwhile I had got a work offer (2019) and the companie started a process to the work visa.
The companie gave me the information that I'm still a Permanent Resident and that I had two options:
- I could request a travel document to reinstate ONLY if I accompany it to an urgent request for humanitarian aid, but taking this way, I should know expect this route to be time consuming and highly discretionary;
- Or renounced voluntarily and formally my permanent resident status and then ask that the work permit continue to be processed
But no one could explain to me the consequences of to renounce, so I would like to know if there are a right way to renounce my status and reapply for PR all over again, in the futur?
Do I have to renounce a Canadian PR before arriving in Canada, with a work visa? If I have never formally renounce my status, I will have some penalty to reapply?
If I renounce I have to wait for the oficial status would be revoked of Canadian PR to enter in Canada? How long does the decision take?
After get a PR revoked I will have some penalty to reapply and would I have the chance to reapply for a new CSQ and a PR card, like a regular immigrate?

Thank you so much in advance.

 

[Riley Haas]

So there is one other option: You could travel to the US and drive into the US with your Record of Landing/COPR and see if they will let you in. (They could also revoke your status.) If you are allowed to enter you would be legally allowed to work in Canada without the work permit.
To your questions:

1. I don't know how likely a Humanitarian and Compassionate Grounds appeal would be to succeed in this circumstance because I don't know that you have a case. (This is a question for a lawyer or RCIC.)
2. You can absolutely renounce and apply for the work permit. This is your option if you do not enter by land from the US.
3. The right way to renounce is to just renounce now, before you do anything else.
4. Yes, you have to renounce before you apply for your work permit. There is no penalty to do so.
5. There is no penalty that I am aware of for those who renounce. They want you to renounce in this case.

Hopefully this is helpful.

 

[Rosemeire Oliveira]

Hello!
Even though I have already applied for a tourist visa, I can try to enter in US, by car, with my Record of Landing/ Confirmation of Permanent Residence? But what happens if, in the entry, my status to be revoked?
And if I am allowed to enter, do I have to wait until I meet the residence requirement before renewal the PR? Does it mean I will have to be able to fulfil the 3 years requirement, at once, is that right? If I travel out of Canada will I have problems when I come back with the expired PR card?
The only problem of renounce the PR is will have I to meet all deadlines again from a residency requirements?
About reapply for a new PR, I would not have problems, is that true?
In order, to renounced should I submit the IMM5782 form?
Lastly, the company that hired me has already proceeded the application for a work visa, will I have problems if voluntarily renounce the PR right now, before I arrive in Canada?

So there is one other option: You could travel to the US and drive into the US with your Record of Landing/COPR and see if they will let you in. (They could also revoke your status.) If you are allowed to enter you would be legally allowed to work in Canada without the work permit.
To your questions:

1. I don't know how likely a Humanitarian and Compassionate Grounds appeal would be to succeed in this circumstance because I don't know that you have a case. (This is a question for a lawyer or RCIC.)
2. You can absolutely renounce and apply for the work permit. This is your option if you do not enter by land from the US.
3. The right way to renounce is to just renounce now, before you do anything else.
4. Yes, you have to renounce before you apply for your work permit. There is no penalty to do so.
5. There is no penalty that I am aware of for those who renounce. They want you to renounce in this case.

Hopefully this is helpful.

 

[Riley Haas]

So your tourist visa application should be refused, given your status. (However I have heard of incidents where they make mistakes and issue them.)

If your status is revoked it is as if you renounced it, though there could be some prejudice towards future applications simply because it was revoked rather than renounced.

If you are allowed to enter you do indeed have to wait until you meet the residence requirement before applying for a new PR Card. We'd suggest waiting a further year to avoid investigation.

The only problem of renounce the PR is will have I to meet all deadlines again from a residency requirements?
About reapply for a new PR, I would not have problems, is that true?

I'm not 100% sure what you mean here. If you renounce your PR status, you have to apply to immigrate to Canada again. There is no residency requirement because you are not a permanent resident.

Yes, you want the IMM5782 form.

Do you already have the work permit and the visitor visa in your passport? If so I guess your best bet would be to attempt to travel to and enter Canada with those. Though I might speak to an RCIC or lawyer before doing so, if I was you. That's not supposed to happen.

 

[Bhognath]

Hi if someone could throw some light on this matter related to my PR application. I was Permanent resident back in 2007 and never stayed in the country. My family remained in Canada and obtained their Canadian citizenship while I was working in UAE and supporting them. Since I did not remain in the country for the manadatory period of 2 years and hence could not have my PR card renewed. Since then I was traveling back and forth on a multiple entry visa to meet my family each year.
I have applied for a PR anew again under spousal sponsorship program. Recently I received a letter from IRCC that I should submit a completed form of IMM 5782e, which an Application for voluntarily revoking Permanent Resident Status. My question is by submitting this form am I putting my current application under the spousal sponsorship in jeopardy or does it apply to my previous PR status that I held. I am totally confused and could like your advise in this matter.

 

[IMMIgroup]

Your spousal sponsorship application is in order to obtain permanent resident status, not citizenship. That's most likely why they are asking you to submit a completed form IMM 5782e - in order to "clear the decks" on your file so they can process your spousal sponsorship application. I assume it's your spouse in Canada who is now a Canadian citizen that will be sponsoring you. Given that you have strong connections to Canada - your family are citizens and you have visited Canada multiple times successfully - submiting form 5782e shouldn't be a problem.