Q: CAN WE GET PR CARD BACK WHICH WAS ISSUED IN 2005 AND DID NOT MENTAINED 730 DAYS IN CANADA ?
ME AND MY FAMILY (MY PARENTS &ME) .IT WAS EXPIRING ON 22/10/2005.WE ENTERED CANADA ON 07/05/2005 AND GOT CONFIRMITION OF PERMENANT RESIDENCY ON 27/05/2005. I GOT MY PR CARD/ SIN / HEALTH INSURANCE EVERYTHING. AND EXPIRY DATE ON PR CARD WAS 25/05/2010.
SO FOR THE CITIZENSHIP WE HAVE TO STAY FOR 730 DAYS. AND I WAS 2 YEARS OLD (BD-30/08/2003) AT THAT TIME. MY PARENETS MADE A DECISION THAT TO GO BACK TO INDIA AND WE ALL RETURNED BACK ON 27/08/2005. WE DID NOT SURRENDER PR NOR MADE ANY STATEMENT ANY POINT OF TIME. AND WE LEFT BACK TO INDIA.
AFTER THAT I APPLIED FOR VISITOR VISA ON 13/06/2022 AND GOT B1/B2 VISITOR VISA FOR 10 YEARS.WHERE WE ALSO MENTIONED THAT WE HAD PR BACK IN 2005.
NOW I AM CURRENTLY IN CANADA WITH MY SPOUSE WHO IS ALSO ON VISITOR VISA.
I WANT TO KNOW CAN WE APPEAL OR APPLY FOR MY PR CARD WHICH WAS ISSUED IN 2005 AND WE DID NOT SURRENDER NOT THAT WE GAVE ANY STATEMENT AT THAT TIME.
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A:
It is unlikely that you can simply reactivate your old PR status, as permanent residency in Canada requires maintaining residency obligations, including being physically present in Canada for at least 730 days within a five-year period. Since you and your family left Canada in 2005 and did not meet this requirement, your PR status would have lapsed.
However, you may still have options. You could apply to restore your PR status through a "Humanitarian and Compassionate" (H&C) grounds application, but it is important to note that these applications can be complex, and success depends on the specific reasons for not meeting the residency obligation and your current circumstances.
Since you're already in Canada on a visitor visa, you might also want to explore other immigration pathways, like applying for permanent residency through a new program, such as the Express Entry system or a spousal sponsorship if your spouse becomes eligible. It would be a good idea to consult with a professional to better understand your situation and the best course of action.
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