Canada PR - need to travel back to canada - PR renewal not eligible

[rukjathoda]

Dear Forum members,

I am Indian citizen ,I got my PR in 2011 and landed in calgary in July -2011.
I got my PR card , SIN number, bank account. At that time as i had job in US on H1B so i returned back to US.

In March 2012 , i again went to toronto to find job there [ for interviews etc ] but no luck , so after spending two weeks i came back to US [ as i still had US job on H1B]

Now in 2014 , my baby was born and as i already had job in US so was not able to plan to move back to canada.

My PR card expired in NOV-2016 , and i was not able to make residency requirment for PR. as most of the time i was living in US [ on H1B ].

Now i have got some job offer from canadian company[still to be finalized ] , but at the border [ US-Canada ] will they allow me to enter and work in canada. What can i do to reinstate my PR ? if i apply for travel document then it will get denied ? as i did not live in canada for most of the time.

Any suggestions for forum members will be helpfull.

 

[zardoz]

Dear Forum members,

I am Indian citizen ,I got my PR in 2011 and landed in calgary in July -2011.
I got my PR card , SIN number, bank account. At that time as i had job in US on H1B so i returned back to US.

In March 2012 , i again went to toronto to find job there [ for interviews etc ] but no luck , so after spending two weeks i came back to US [ as i still had US job on H1B]

Now in 2014 , my baby was born and as i already had job in US so was not able to plan to move back to canada.

My PR card expired in NOV-2016 , and i was not able to make residency requirment for PR. as most of the time i was living in US [ on H1B ].

Now i have got some job offer from canadian company[still to be finalized ] , but at the border [ US-Canada ] will they allow me to enter and work in canada. What can i do to reinstate my PR ? if i apply for travel document then it will get denied ? as i did not live in canada for most of the time.

Any suggestions for forum members will be helpfull.

You are still a PR but as soon as you interact with either IRCC or CBSA, you may be reported due to the non-compliance with the residency obligation requirements. You may well be refused a PRTD on that basis as well. If you present yourself at the Canadian land border, you will be permitted to enter Canada, even if you are also reported. If you are reported, you will need to successfully appeal to keep your PR status, or lose it. Until you formally lose your PR status, you can work in Canada but depending on how quickly you are processed, you may not be able to work for very long. If you are not reported, you can stay and work in Canada indefinitely but you will not be able to renew your PR card or sponsor a family member for at least two years without risking being reported again.

 

[Bs65]

I would add to what Zardoz has said in that if you are successful in crossing the land border given you may not get a PRTD to fly in and you do not get reported you would need to plan to stay in Canada for 2 years without leaving to reset your RO. If not then every time you cross the border you are living with the possibility you get reported for failing RO so a great deal of uncertainty/risk to keep in mind if you decide not to stay put for 2 years.

 

[Rob_TO]

Now i have got some job offer from canadian company[still to be finalized ] , but at the border [ US-Canada ] will they allow me to enter and work in canada. What can i do to reinstate my PR ? if i apply for travel document then it will get denied ? as i did not live in canada for most of the time.
.

You have no easy solution. Based on your story, it sounds like you stayed outside Canada for personal reasons, so you probably don't have any real H&C claim for not meeting the RO. Working in US, having your baby in US, etc are NOT typically considered viable H&C reasons.

So you can try this a few ways:
1. Apply for PR TD. Most likely outcome is the PR TD is rejected, and process started to revoke your PR status.
2. Cross into Canada at a land border. Again most likely outcome is CBSA easily sees your RO violation, reports you, and process is started to revoke your PR status

In either case, an appeal would probably lose due to lack of H&C reasons.

If you can enter Canada without being reported, as mentioned above you must stay for 2 straight years without leaving for any reason, and during this time you can't sponsor any family members.