Traveling (returning to Canada) with an expired PR card

[Rayan14]

My PR card has just expired. Can I still travel or rather I should ask: Do I need it to come back to Canada?

Thnx

 

[dpenabill]

My PR card has just expired. Can I still travel or rather I should ask: Do I need it to come back to Canada?

Thnx

If you have a visa-exempt passport, you can probably (not guaranteed) board a flight destined to Canada. Once you arrive at the Canadian POE you will be examined, and assuming you are a PR, you will be allowed to enter Canada. It is likely the examination will include questions about compliance with the PR Residency Obligation. If you are in compliance with the PR Residency Obligation, no problem. If you are not (less than 730 days spent in Canada in immediately preceding five years), it is likely a 44(1) inadmissibility report will be issued, followed by a Removal Order. But you will still be allowed to enter Canada, and you will have a specific amount of time in which to appeal the Removal Order.

If you do not have a visa-exempt passport, and technically even if you do, you can apply to respective visa office abroad for a PR Travel Document. If you are in compliance with the PR Residency Obligation (again, if you have been in Canada at least 730 days in the immediately preceding five years, and submit proof of this), you will be issued a PR Travel Document authorizing you to board a flight destined for Canada, and at the POE allowed to enter Canada. If the application for a PR Travel Document is denied, you lose PR status. You can appeal this. And, if you have been in Canada within the previous year, you can also obtain a restricted PR Travel Document allowing you to return to Canada at least temporarily, while an appeal is pending. If you lose the appeal, you lose PR status.

Alternatively, PRs who can travel via the U.S. can then approach a land-crossing POE by private transportation. At the POE there is likely to be an examination similar to what I described above for a visa-exempt passport holder arriving at a POE on an airline. A PR in compliance with Residency Obligation will be allowed to enter, no problem. A PR not in compliance with the PR Residency Obligation will also be allowed to enter, but probably issued a Removal Order which will eventually become enforceable and terminate PR status unless successfully appealed.

PR status is not dependent on having a valid PR card.

However, PRs abroad who do not have a valid PR card are presumed to not have valid PR status, so the burden of proving identity, status, and ultimately compliance with the Residency Obligation, is on the PR.

 

[Rayan14]

If you have a visa-exempt passport, you can probably (not guaranteed) board a flight destined to Canada. Once you arrive at the Canadian POE you will be examined, and assuming you are a PR, you will be allowed to enter Canada. It is likely the examination will include questions about compliance with the PR Residency Obligation. If you are in compliance with the PR Residency Obligation, no problem. If you are not (less than 730 days spent in Canada in immediately preceding five years), it is likely a 44(1) inadmissibility report will be issued, followed by a Removal Order. But you will still be allowed to enter Canada, and you will have a specific amount of time in which to appeal the Removal Order.

If you do not have a visa-exempt passport, and technically even if you do, you can apply to respective visa office abroad for a PR Travel Document. If you are in compliance with the PR Residency Obligation (again, if you have been in Canada at least 730 days in the immediately preceding five years, and submit proof of this), you will be issued a PR Travel Document authorizing you to board a flight destined for Canada, and at the POE allowed to enter Canada. If the application for a PR Travel Document is denied, you lose PR status. You can appeal this. And, if you have been in Canada within the previous year, you can also obtain a restricted PR Travel Document allowing you to return to Canada at least temporarily, while an appeal is pending. If you lose the appeal, you lose PR status.

Alternatively, PRs who can travel via the U.S. can then approach a land-crossing POE by private transportation. At the POE there is likely to be an examination similar to what I described above for a visa-exempt passport holder arriving at a POE on an airline. A PR in compliance with Residency Obligation will be allowed to enter, no problem. A PR not in compliance with the PR Residency Obligation will also be allowed to enter, but probably issued a Removal Order which will eventually become enforceable and terminate PR status unless successfully appealed.

PR status is not dependent on having a valid PR card.

However, PRs abroad who do not have a valid PR card are presumed to not have valid PR status, so the burden of proving identity, status, and ultimately compliance with the Residency Obligation, is on the PR.

Thank you.

 

[Kaanaeda2015]

Alternatively, PRs who can travel via the U.S. can then approach a land-crossing POE by private transportation. At the POE there is likely to be an examination similar to what I described above for a visa-exempt passport holder arriving at a POE on an airline. A PR in compliance with Residency Obligation will be allowed to enter, no problem. A PR not in compliance with the PR Residency Obligation will also be allowed to enter, but probably issued a Removal Order which will eventually become enforceable and terminate PR status unless successfully appealed.

How traveling by road from USA would help the situation? the CBSA on road borders does less scrutinizing as compare to airport?

 

[dpenabill]

How traveling by road from USA would help the situation? the CBSA on road borders does less scrutinizing as compare to airport?

The main distinction is that a PR who does not currently possess a valid PR card, and does not carry a visa-exempt passport, cannot board a flight destined for Canada without applying for and obtaining, first, a PR Travel Document. PRs abroad applying for a PR Travel Document tend to be scrutinized more aggressively, more strictly, than PRs arriving at a POE and seeking entry. Thus, if such a PR is able to travel via the U.S., they can get to a Canadian POE without having to apply for a PR Travel Document at an Embassy/Visa Office abroad.

It is difficult to compare the level of scrutiny at any given POE in contrast to any other POE. This or that land crossing POE can be quite different than another. A particular POE may have elevated scrutiny one day and be quite liberal the next.

 

[fdk511]

The main distinction is that a PR who does not currently possess a valid PR card, and does not carry a visa-exempt passport, cannot board a flight destined for Canada without applying for and obtaining, first, a PR Travel Document. PRs abroad applying for a PR Travel Document tend to be scrutinized more aggressively, more strictly, than PRs arriving at a POE and seeking entry. Thus, if such a PR is able to travel via the U.S., they can get to a Canadian POE without having to apply for a PR Travel Document at an Embassy/Visa Office abroad.

It is difficult to compare the level of scrutiny at any given POE in contrast to any other POE. This or that land crossing POE can be quite different than another. A particular POE may have elevated scrutiny one day and be quite liberal the next.

I am assuming your advice to OP is based on the fact that he/she would need to present a COPR along with the expired PR card at a POE if entering Canada via land crossing?

 

[Rob_TO]

I am assuming your advice to OP is based on the fact that he/she would need to present a COPR along with the expired PR card at a POE if entering Canada via land crossing?

Technically neither is required. CBSA can determine your PR status based on your passport alone, if one has lost their COPR and PR card. You may find it just take a bit longer and you will spend more time there while they verify everything.

 

[Cosmique]

Hi
I applied for Canadian citizenship on Aug 17th 2017, presented the test and interview on November 27th 2017; my PR expired on October 17th 2017 and I am still waiting to be called for the citizenship ceremony and be able to apply for the Canadian Passport. However, I need to travel to Colombia between Dec 22nd and January 2nd. Is there a way I can come back in to Canada? Please advise and thanks.
Juanita

 

[rish888]

Hi
I applied for Canadian citizenship on Aug 17th 2017, presented the test and interview on November 27th 2017; my PR expired on October 17th 2017 and I am still waiting to be called for the citizenship ceremony and be able to apply for the Canadian Passport. However, I need to travel to Colombia between Dec 22nd and January 2nd. Is there a way I can come back in to Canada? Please advise and thanks.
Juanita

The easiest way to come back given the duration off your trip is via the U.S.- Canada land border.

To make this work you need a U.S. visa. If you don't have a U.S. then your only option is to apply for a Permanent Resident Travel Document at the Canadian Embassy in Columbia. (and processing can take a while)

Assuming you have a U.S. visa:

Take a flight to an American city close to where you live in Canada:

Take a rent a car (something with a one-way drop off option) and drive to Canada. At the border your expired PR card and citizenship application will be more than enough for you to enter Canada.

Note: With a PRTD you can take a flight, but the PRTD can take a few weeks to get. Thus I recommend the U.S.-Canada land border if you have a U.S. visa.