PR Renunciation and Stay in Canada

[manlin]

Hello Members

Please help me in understanding below excerpts taken from CIC:
http://www.cic.gc.ca/english/resources/tools/perm/card/renounce.asp

Even if PR in breach of RO and reached at PoE:-
"If the renunciation is refused for failure to have the required documentation, the applicant should be allowed to enter Canada as a permanent resident. Officers should consult the section on situations where renunciation is refused, but there are concerns with admissibility to Canada (see If the applicant does not meet the requirements to renounce but may be otherwise inadmissible to Canada above). In particular, a negative residency determination should not be made at the port of entry on clients who cannot renounce, even if the client requests it. Instead, the client should be allowed to enter Canada and told to make another application to renounce their permanent residence from within Canada once they have the required documentation.

If the application to renounce is approved and all other requirements for entry as a temporary resident are met, the applicant can be given an entry stamp and admitted to Canada as a temporary resident for a period of six months"

 

[Bs65]

What exactly is your question given as I understand it based on other posts it would be rare for CBSA to actually process fully a renounce at the border as opposed to accepting paperwork or simply reporting for later processing. This given even if someone has not met RO they are still PRs and entitled to
enter the country as a PR even if they get reported which eventually leads to having PR renounced then having at some point to leave the country..

Maybe add some detail about the issue you are trying to solve or investigate

 

[manlin]

Thanks Bs65. Sorry, due to some personal reasons I couldn't reply early.

Actually, My husband is a PR and settled in Canada. I could not meet RO and planning to enter via US border.
If I am sent for secondary review at the border, will my husband be allowed to accompany me at the secondary review session??
Do they accept H&C grounds before deciding to issue departure notice??
I only have SIN card, EXPIRED PR card and 8 years old CoPR, is it good enough to apply for a driving license & OHIP card??

Members please share your views.
Thanks in advance.

 

[manlin]

Seniors/Members, please advise.

 

[rish888]

Here are some brief answers to your questions:

1) Will my husband be able to accompany me to secondary? Honestly, I'm not sure, but if he is with you then maybe.

2) Do they accept H&C grounds before issuing a departure order? The officer and the Minister's Delegate (basically another officer) will listen to any and all H&C arguments you want to make. Whether they accept your case or not is really up to the officer. If the accept your case, they will not issue a departure order. If they find insufficient H&C reasons, you will be issued a Departure Order and have 30 days to leave Canada. (Unless you appeal to the IAD.)

3) You can apply for OHIP as long as your PR card is expired less than 5 years. Based on you saying your CoPR is 8 years old, you PR card should not be expired more than 5 years, so you can use it as proof of permanent residency for OHIP purposes. Alternatively, you can use your CoPR. For a driver's license, Ontario allows you to use your CoPR.

 

[manlin]

Here are some brief answers to your questions:

1) Will my husband be able to accompany me to secondary? Honestly, I'm not sure, but if he is with you then maybe.

2) Do they accept H&C grounds before issuing a departure order? The officer and the Minister's Delegate (basically another officer) will listen to any and all H&C arguments you want to make. Whether they accept your case or not is really up to the officer. If the accept your case, they will not issue a departure order. If they find insufficient H&C reasons, you will be issued a Departure Order and have 30 days to leave Canada. (Unless you appeal to the IAD.)

3) You can apply for OHIP as long as your PR card is expired less than 5 years. Based on you saying your CoPR is 8 years old, you PR card should not be expired more than 5 years, so you can use it as proof of permanent residency for OHIP purposes. Alternatively, you can use your CoPR. For a driver's license, Ontario allows you to use your CoPR.

Thanks for input.