What should I do?

MyDogsArePoms

New Member
Hi,

So, I have a question about my "landed immigrant" status. I came to Canada in 1966 as a toddler when my parents emigrated from the UK. Back in those days, we received landed immigrant papers. It doesn't have any expiration date on it but includes the stamp at the airport we arrived at and has a serial number on the back. I never had the option to get a "card" or renew it every 5 years. I spend the next 36 years in Canada as a "landed immigrant". I remain a UK citizen.

In late 2001 I left for the US and have lived in the US since then. Subsequently, I obtained US permanent resident status. I never renounced nor gave up my Canadian "landed immigrant" status.

I really would like to get back to Canada for both family reasons and quite honestly, I miss the civil society/safety and stable government of Canada.

So, it is quite obvious that I am terribly lacking on the residency requirements:)

My question is, should (or can) I try to enter Canada from the US by car at a land crossing and see what happens? If I did that I am not sure what I am supposed to tell the Canadian border crossing agent......Would I try to enter on my UK passport (since that is the country of my citizenship) at a land border crossing and "visit" Canada.

I'm not opposed to going the Express Entry route since I am a medical professional and think that I would be able to qualify. But I have seen conflicting information on other Canadian Immigration sites about this issue. I am kicking myself for leaving Canada in the first place, but at the time, professionally I thought it was the best course for my career. However, given the precipitous decay of America over the last 5 years I really regret my choice.

Any insight is very much appreciated.
 

Riley Haas

Administrator
Staff member
Okay so normally my advice would be for you to drive to Canada with your landing paper and attempt to enter Canada. One of three things would then happen:
  • You'd be admitted but would be in the position of needing to wait two years in Canada to apply for a PR Card
  • Your status could be revoked on the spot, if they learn that you have been living outside of Canada for 19 years (and please don't lie about that, it's an offence)
  • Finally, you could be admitted with the understanding that, when you apply for your new PR Card, it will be granted for less than 5 years, in order to compel you to stay in Canada.
None of that applies today because the land border is closed. In theory you could drive up there and present your landing paper and be let in, but I have no idea if that will work. Citizens are let in. Holders of valid PR Cards are let in. I'm not sure anyone else is.

If you're traveling to Canada and are exempt from the current restrictions and can fly, that would normally be an option. But, as a UK citizen, you need something called an eTA to fly to Canada and that is something you're not supposed to be eligible for if you are a permanent resident (as you are, still). Without a PR Card, you shouldn't be let on a plane to Canada in normal times. That's more true right now, when people have to prove they have valid reasons for travel according to the current pandemic guidelines.

So, what should you do? Your choices are:
  • Attempt to drive to Canada and cross with your landing paper knowing you need to stay here at least two years (if they let you in) in order to get your PR Card
  • Renounce your PR and apply for PR again through Express Entry, as you note
  • Attempt to fly Canada as a UK citizen, presenting valid reasons for visiting Canada during a pandemic (you can read about those here: https://www.canada.ca/en/immigratio...s-covid19/travel-restrictions-exemptions.html)
The middle one seems the best option if you want to move here permanently.
 

MyDogsArePoms

New Member
Hi Riley,

Thank you very much for the detailed reply.

I was thinking that Express Entry was probably the way to go. By the way, I wasn't going to lie about status/situation. After all, the entries are all contained in my UK passport when I left and when I visited last in 2002.

Would I need to officially renounce my PR first before applying for Express Entry? And does renouncing make your SIN invalid as well (or do I need to do something to that although I am sure it's dormant at this point)?
 

Riley Haas

Administrator
Staff member
You're very welcome.

I don't want to believe anyone will lie about their status, but I have to say that to cover my ass. I can't be seen to be publicly encouraging the flouting of our laws so I'm always clear to tell people not to lie.

Yes, you need to renounce your PR status before you apply for Express Entry and, yes, your SIN should become invalid when you do so. (I don't know if they will give you the same one again when you get your status back, though. That's a good question and I don't know the answer.)
 

MyDogsArePoms

New Member
Hi Riley,

Thank you for your information.

I just another thought about a possible immigration path after reading about family sponsorship.

I have a brother in Canada who is a Canadian citizen but does NOT have anyone else that he could sponsor for permanent residency. Would he be able to sponsor me for permanent residency? In that case, if he could, would I have to renounce Canadian PR first, then apply for sponsorship?
 

Riley Haas

Administrator
Staff member
So what you're talking about is sort of an emergency style provision, where somebody only has one family member in the entire world who they can sponsor. Is that the case here?
 
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