According to a comprehensive report from WorldWay: It is not uncommon for Chinese families who immigrated years ago to return to their home countries. The applicants, a couple who immigrated 10 years ago, were already 40 or 50 years old at the time and had no established career in Canada. Consequently, many decided to leave their school-age children in Canada to study while they returned to mainland China to continue their careers.
Now, nearly 10 years later, the children who were studying at the time have put down roots in Canada and have reached the age of marriage and starting families. Meanwhile, the parents who returned to their homeland have not set foot on Canadian soil for years, and their Permanent Resident cards have long since expired. Although their immigration status has not been formally revoked by the immigration department, the individuals themselves are unsure if their permanent resident status remains valid. Now that these returning parents have retired, or need to live with their children again for care due to advancing age, or need to return to Canada to help look after the third generation, they face the headache of reuniting in Canada.
Returning Immigrants Should Avoid Ambiguity When Returning to Canada
A post appeared recently on a Chinese website in Toronto seeking help. The poster's parents returned to their home country years ago and have been living in mainland China for nearly 10 years, with their Permanent Resident cards long expired. They certainly have not met the basic requirement of living in Canada for at least two years within the past 5 years, and they know it is unlikely they can recover their immigration status and renew their Permanent Resident cards.
The person seeking help stated that their parents' immigration status from 10 years ago was never "formally" or "officially" revoked by Canada, and it seems to remain in a "gray" area. He does not want his parents to completely lose their immigration status, mainly out of concern that they will be unable to care for themselves in their old age and will be unable to travel long distances by plane.
However, applying for any type of entry visa for his parents now would draw the immigration department's attention to their past status, potentially turning the "gray" area into a "clear" one and "formally" canceling their immigration status from 10 years ago. How to avoid this situation has become a source of great concern for him.
The individual seems to be considering applying for a short-term entry visa (tourist or visitor) for his parents from Beijing without mentioning to the immigration officer that they were once immigrants. However, he discovered that the short-term visa application form requires applicants to state whether they have ever held Canadian permanent resident status. Upon inquiring with the Canadian Visa Application Centre in Beijing, he was told that once it is discovered that an applicant has held a Canadian Permanent Resident card, the application will be transferred to an immigration officer rather than being handled by the department that typically processes visitor visas. The staff at the visa center suggested that if he has decided to apply for a short-term entry visa for his parents, he might as well attach a declaration from the applicants renouncing their past Canadian permanent resident status.
Immigration Consultant: Applying for a 10-Year Visa Is Not Guaranteed to Succeed
Canadian permanent residents who are abroad and do not hold a valid Permanent Resident card must apply for a "Permanent Resident Travel Document" at a Canadian embassy or consulate abroad before returning to Canada, and then re-apply for a valid Permanent Resident card after returning to Canada with this travel document.
If, during the process of applying for this travel document, an immigration officer discovers that the individual has failed to meet the minimum requirement of living in Canada for two years within the past 5 years, the individual's permanent resident status will be formally revoked through official procedures. If a person whose permanent resident status has been revoked believes the immigration officer's decision is unreasonable, they can appeal through the judicial process; otherwise, they can only apply for a visitor visa to re-enter Canada in the future.
Some people who have not lived in Canada for a long time, knowing that their status cannot be maintained, will directly apply for a visitor visa while declaring that they were once Canadian permanent residents. This combines two steps into one in the application. However, when processing this, the Canadian embassy or consulate must first formally revoke the applicant's permanent resident status before deciding whether to issue them a visitor visa.
WorldWay Editor
