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wanting to go in to canada by land but pr requirement not met

ppt

Newbie
Apr 24, 2011
4
0
Hi, my family and I are planning to move to Canada permanently this summer before our PR cards expire. We didn't meet the PR obligations and stayed out more than 3 years in USA due to business situation. We exited Canada two days after we landed and had to go back to USA to try to sell our business.We couldn't sell the business and we ended up have to clear out our debt after we closed the business and my wife had to start new career to start afresh. All this time we never gave up our dream to move to Canada. We're planning to go by land and we're worried that the officers at the border will give us a hard time. We don't know what to do since we never finished our PR obligation and if we traveled by our car from US, what should we do when we get to border? Some people advise us not to say anything and try to refuse to answer the officers' questions and some tell us to be truthful about the whole situation. Pls advise us what to do. Also if we want to bring in our car from US we're supposed to get the Form 1 to import the car into Canada, will this create the problem? Should we import the car if we refused to answer the questions by the officer asking us where we had been?Your assistance and advice is greatly appreciated. Thanks.
 

Leon

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Jun 13, 2008
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If you refuse to answer all of their questions, you will probably be reported because they will be suspicious of you and if you tell the truth, you will probably be reported because you don't meet the residency requirements. It is however possible that you will be allowed to go through without being asked any questions. However, it is likely if you are wanting to import a car that they will ask you how long you have lived in the US.

If you do get into Canada without any questions being asked, you should stay unbroken for 2 years before you attempt to apply to renew your PR cards.
 

ppt

Newbie
Apr 24, 2011
4
0
Thanks for your input. Based on your expertise, do you think it is still possible for us to come to Canada? We don't think we can file humanitarian grounds based on our situation. What are our chances if we show the US Passports instead of our PR cards at the border to avoid questioning? Supposed if we could get in Canada using the US Passports, is it possible to try to complete the 2 year residency requirements? Is this risk worth taking?Thanks.
 

scylla

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Jun 8, 2010
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ppt -

I think you'll likely hear the same advice from all of us here. Whatever you do - don't lie or misrepresent yourselves or your status in Canada. That's the fastest way of getting into big trouble.

In my opinion (whatever that's worth), you should enter using your PR cards and hope you're not reported. If you're not reported, then as Leon has said - you should remain in Canada for two years (without leaving for even one day) and then apply to renew your cards once you hit 730 days.

I think trying to enter using your US passports could end up being very problematic. What are you going to say when they ask for the nationality of everyone in the car? (I cross the border frequently and this question is asked every time by both sides from what I can remember.) Just saying American and omitting the fact you're PRs will get very ugly if they check and find out. What are you going to say if asked how long you're staying? If you're truthful and state you're moving back, then I think you're going to run into problems explaining why you flashed your passports instead of your PR cards and this may lead to a whole separate series of questions you may prefer not to answer (but will have to). If you lie - then I think you're sliding down a very slippery and risky slope. Are you planning on driving over with a large amount of personal belongings? If so, that's yet another sign you're coming for a long time and will make it even more difficult to use your passports.

I think you should cross using your PR cards. Only answer the questions you're asked and don't over-provide information. Hope that you're either not asked about how long you've been away or that you happen upon a sympathetic officer. I think anything else (including using your US passports) will be perceived as lying/misrepresentation and increases your chances of a negative outcome.

Again, just my opinion.

Good luck and let us know what you decide to do and how it goes.
 

Alabaman

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Apr 24, 2009
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ppt said:
Thanks for your input. Based on your expertise, do you think it is still possible for us to come to Canada? We don't think we can file humanitarian grounds based on our situation. What are our chances if we show the US Passports instead of our PR cards at the border to avoid questioning? Supposed if we could get in Canada using the US Passports, is it possible to try to complete the 2 year residency requirements? Is this risk worth taking?Thanks.
ppt, you should take time to read this thread:

http://www.canadavisa.com/canada-immigration-discussion-board/reapplying-for-pr-after-losing-it-because-of-unmet-obligations-t68179.0.html
 

ppt

Newbie
Apr 24, 2011
4
0
Thank you all so much for your opinion. All of you are right about being honest with the whole thing. We decided that we're just going in with our PR cards and supposedly if we wanted to go in by our US registered car, will it be a problem?
Will we still be able to import the car into Canada?

If we ran into problem and were reported and had to appeal for the removal order, what happens next? Are we allowed to stay in Canada or do we have to go back to USA? Will they give us temporary stay in Canada? Can we still get Form1 to have the our car inspected and registered with the local DMV?

Does anybody have any bad experience with the border officer in Cornwall and Windsor ports of entry? Thanks.
 

Leon

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Jun 13, 2008
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If they believe you don't meet the residency requirements, they will let you into Canada for 30 days to appeal. I believe you can stay while your appeal is being processed but this time will not count towards your residency requirements if you lose the appeal.
 

Alabaman

Hero Member
Apr 24, 2009
608
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Edmonton
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ppt said:
Thank you all so much for your opinion. All of you are right about being honest with the whole thing. We decided that we're just going in with our PR cards and supposedly if we wanted to go in by our US registered car, will it be a problem?
Will we still be able to import the car into Canada?

If we ran into problem and were reported and had to appeal for the removal order, what happens next? Are we allowed to stay in Canada or do we have to go back to USA? Will they give us temporary stay in Canada? Can we still get Form1 to have the our car inspected and registered with the local DMV?

Does anybody have any bad experience with the border officer in Cornwall and Windsor ports of entry? Thanks.
I am positive that they will let you in without issuing you a residency questionairre however; customs will want you to import your car. Please come back to share your experience when you are in.