Entering Canada with an expired PR card - urgent please help.

[brandronmm]

Dear Gurus ,

I have an expired PR card (2009). Last time I left Canada was end of 2008 as I was not able to get a job there. Currently I work and live in USA. In 2006 - 2008 I always traveled by a car back forward from Canada to USA and they never stamp my passport. I don't meet the residency obligation but I am planning to move back to Canada very soon as I got a job offer there. Once I enter Canada, I am planning to wait for awhile till I meet the residency obligation and renew my PR.

I am not sure what my options here are. Should apply travel document or enter Canadian border by a car (a rented car with Canadian registered)?

Btw, I just renewed my passport in Oct 2010, and my passport is pretty much black, clear, no records for any travels, and no sign of any Canadian connection to it. I still have a valid driver's license, SIN card, Healthcare Card and bank account.

I would like to know – if any – my options to enter Canada without getting my PR to be revoked. Any ideas or advices will be highly appreciated.

Questions:
1. Will they let me in if I enter Canadian border by a rented car and show them an expired PR card?

2. If they are not satisfied with my answers regarding my residency obligation, what will happen? Is there any possibility they will deport me from Canada right away? I still have all valid cards (driver's license, SIN card, Healthcare card, Bank Account). The address on the driver's licenses is still valid as I use my friend address in Canada.

3. What kind of documents or information that I need to provide to show them that I still tie with Canada?

4. If I apply TD, how much chance will I get that approved?

Thank you ,

Brandon

 

[Leon]

1. Maybe. No guarantees.

2. They could report you for not meeting the requirements and you would then be allowed into Canada for the time being but you would have to appeal for your PR and you could lose. They might not report you. From what other people have said, it seems common to get a stern talking to, they might even tell you that your PR is gone. They might even take your PR card away but if they do not report you, you do not lose your PR. You could stay 730 days without leaving and then apply to renew your card and they would have to do it.

3. If you want to win an appeal, you would need some humane and compassionate reasons for why you could not meet the residency requirements. Not being able to find a good job is not a good reason. Taking care of a dying relative would be a good reason but if you have to appeal, they would ask you to prove that.

4. If you apply for a TD without meeting the requirements and without having a good H&C reason, you will not get it.

 

[L7]

1. Will they let me in if I enter Canadian border by a rented car and show them an expired PR card?

1. Some guys mentioned at this forum that if one is travelling on private vehicle from USA to Canada then record of landing is sufficient to enter Canada and PR card is not required then.

For rest of queries Leon's advice is the best, +1 to Leon.

 

[Alabaman]

I have a friend that kept going in and out of Canada by road into the US after his PR card expired. In most cases he intentionally left his expired PR card at home. He gets challenged at the border each time but he always argues with them that he didn't need his PR card because he was in a private vehicle (and not a commercial transport). Each time, he got let back in Canada. I wouldn't take that risk though if I am already in Canada but if I am outside of Canada, it's worth trying.

 

[brandronmm]

I just want to share my experience. I am already in canada now.

I entered canada by car and the officer let me in . He did not even report me eventhough I did not meet 730 days obligations.

I also spoke to my lawyer in Toronto before I entered Canada and she said that even though I have an expired PR card and I did not meet 730 days, they cannot send me back to USA. They HAVE to let me in. Here is her explanation : It just like you have a expired passport, but it does not mean you are not a citizen of your country. However, there is a possibility that they will report you and usually takes sometime (usually 1 year ) to show up to the court and appeal your case.

Well, usually you have to respond within 60 days, but the actual day you will go to the court will take sometime and if by that time you can establish your job, etc , there is always a chance that they will let you live in Canada.
this lawyer even gave me her phone number incase they will not let me in.

hope this helps for others. I am glad I made it without any problem. I take that as a miracle

and thanks again for all advices.



I am glad that I made it and I take this

 

[MLML]

Many thanks to you all (especially Leon) for sharing your experiences. Please I have a few questions about the subject.

I am a permanent resident who works/consults often outside Canada (representing our Canadian company). My PR card has expired last August. I applied for PR renewal in April 2011 and got a note from CIC in July that my application has been referred to a CSU for review (I guess because of the number of days less than the requisite 730 days). I had to travel in December 2011. When I called CIC for "Urgent" processing, I was told, this option does not apply to my case because of the referral. I was told I could apply for travel document from the Canadian embassy in the country I am going, to enable me return home. Alternatively I could return via the USA. However, talking to some folks about travel documents who have experienced this before, they advised me to get a travel document before travelling outside Canada because it could be a nightmare sometimes to get the document abroad. One of them spent circa 6 months outside before he was allowed back to Canada. I decided to travel nevertheless and I'm now ready to come back home via USA.

1) Will a rental car be accepted as a non-commercial carrier/means of transport? Or do I let my wife drive across the border to pick me up.
2) We live in Alberta. I am planning to go through Montana or Seattle. But based on your experience, which border crossing (relatively trouble free) will you advise I use to get to Lethbridge? I don't mind going through Vancouver or Toronto, then fly to Calgary and drive to Lethbridge.

Thank you all for your help.

 

[Leon]

1) Will a rental car be accepted as a non-commercial carrier/means of transport? Or do I let my wife drive across the border to pick me up.

A rental car should be accepted but you might want to get a rental on Canadian plates because some IO's have a bug up their nose about PR's driving US plated cars in Canada. You should be able to get a rental on Canadian plates in any bigger town close to the border but you can call around and ask.

2) We live in Alberta. I am planning to go through Montana or Seattle. But based on your experience, which border crossing (relatively trouble free) will you advise I use to get to Lethbridge? I don't mind going through Vancouver or Toronto, then fly to Calgary and drive to Lethbridge.
I can not tell you which border crossing would give you the least trouble. It also depends on the IO you end up dealing with and if they are having a good day or not.

 

[us2yow]

MLML,

In your earlier note, you say ==> When I called CIC for "Urgent" processing, I was told, this option does not apply to my case because of the referral. I was told I could apply for travel document from the Canadian embassy in the country I am going, to enable me return home. Alternatively I could return via the USA.

To clarify:

a) Did CIC tell you that "Alternatively I could return via the USA" ?

b) If Yes to previous question, what exactly do you mean. I take it you are from a country that requires a visa to travel to Canada or are you from a visa-exempt country for Canada ?

c) Or regardless of what applies in question b, are you saying that you CAN come in by car preferably with Canadian plates and EVEN get in only on the strength of the fact that you ARE a PR (never mind if card expired etc?),.

Your insights will be helpful. Thanks !

 

[Leon]

If you are visa exempt, you would never need a travel document. You can always get on a plane on the strength of your passport and try your luck with immigration with your landing documents and expired PR card.

If you are not visa exempt and your PR card is expired, you need a travel document to be allowed to board the plane but if you have a US visa, are visa exempt to the US or can get a US visa, you would have the option of going to the US and entering on the land border with a private car, rented car or by foot.

If you don't meet the residency requirements, you probably have a better chance taking your chance at the border than applying for a travel document. If you apply for a travel document, they will decide then and there if you meet the requirements or have you mitigating circumstances etc. At the border, the immigration officer could report you if you don't meet the requirements but they often just seem to give people a talking to and then let them in anyway. If that happens, you have the option of staying for a full 2 years without leaving at which time you meet the requirements again.

 

[us2yow]

Thanks Leon.

Always, the consummate gentleman and ever professional in your responses. Even on an anonymous List serv, you quietly set professional standards and stand out as someone always willing to help- True class indeed !

 

[Leon]

Thanks Leon.

Always, the consummate gentleman and ever professional in your responses. Even on an anonymous List serv, you quietly set professional standards and stand out as someone always willing to help- True class indeed !

Always happy to help

 

[MLML]

Leon,
Many thanks for your input.

 

[MLML]

MLML,

In your earlier note, you say ==> When I called CIC for "Urgent" processing, I was told, this option does not apply to my case because of the referral. I was told I could apply for travel document from the Canadian embassy in the country I am going, to enable me return home. Alternatively I could return via the USA.

To clarify:

a) Did CIC tell you that "Alternatively I could return via the USA" ?

b) If Yes to previous question, what exactly do you mean. I take it you are from a country that requires a visa to travel to Canada or are you from a visa-exempt country for Canada ?

c) Or regardless of what applies in question b, are you saying that you CAN come in by car preferably with Canadian plates and EVEN get in only on the strength of the fact that you ARE a PR (never mind if card expired etc?),.

Your insights will be helpful. Thanks !

Us2Yow:
Yes, I was told by a gentleman at the CIC call center. Leon has graciously answered your other questions.

 

[vijay31077]

hi Brandon

how are you? i am in similar situation. please can you advise how did you enter the canada through which border and did they ask you any question??

it would be nice if you send me the contact number and name for the lawyer.

Thanks.

 

[winnipmb]

Entering Canada with an expired PR card

Hello , my PR card will expire in june 2013 and i am back in germany at the moment .
i haven`t stayed enough days in canda , less than 730 . I want to go back and live in Canada
in 2014 so my PR card will be expired and i will not meet the residency requirements .
My question is : Can I fly over to Canada in 2014 and show the officers only my german Passport (...and the expired PR ? )
I can enter Canada as a tourist from a visa exempt country ? ( i will need a return flight-ticket to show them ? )
...and they let me in , so that i can stay for 2 years in canada and after that i can renew my PR card ,
so that i can stay and live there ?
I have my Sozial Ins. Nr , so i am able to work in this time , while i am waiting to meet residency requirements ???
Please can somebody help me to find the way to make it ???
thank you very much