aaront said:
My brother has an expired permanent resident, but he wishes to get a visitor visa. When he acquired his PR Card he was using an old passport. But now he has a different passport,can he still apply for a visa while keeping the PR but submitting the application using his new passport?
If not, how can he apply for a visa? Does he only have to apply for a visa and his PR will be cancelled or does he have to cancel it before hand?
1. Does your brother meet the RO? If yes then he can apply for a PRTD at the visa post serving his country of residence.
2. If he has a visitor visa exempt passport no need for the PRTD just get a flight to Canada. Most airlines will asume he is a visitor so they may want to see a return ticket to board him. This because if he travels one way and is bounced at the border airline gets fined. (he is a PR so he won't get bounced but the airline without seeing a valid PR Card don't know this).
3. If he is not visitor visa exempt but has a US visa he can enter the US and cross into Canada via a land border using non commercial means e.g private car, rental, bike, foot. He needs to show his landing documents and the expired PR card.
If he doesn't meet the RO he may get reported which starts the formal process to cancel your PR. Reporting is highest at the visa post since they have all the time to carry out a review of the RO. Border officer has less time to deal with you as he/she has to clear the inspection lines fast and this forum shows most PRs get a strong lecture at the border to watch their time...all depends on which officer you find at the day. RO breaches are forgiven for compelling grounds aka Humanitarian and Compassionate (H&C) grounds - case law has this as serious illness, death of a close relative etc...employment isn't on the list so if this the reason behind the breach or any other lifestyle related reason then no dice!
