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Great Experience of entering Canada through Rainbow Bridge with a two year expired PR Card

lilua

Hero Member
Jun 11, 2013
311
4
Ontario
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Want to share this great experience for clarifying the situation like this.

I am a PR of Canada with PR Card expired in 2015. Had researched a lot how to enter CANADA and found that until a Citizenship judge revoke your PR you remain a PR even after expiry of the Card.

On 17 August 2017 I gave a try through the land border with USA. I can not ride a commercial vehicle with an expired card. Hence I took a taxi from Buffallow Niagara Airport to the US Boarder post at Rainbow bridge and walked towards 'to Canada' sign. I entered Canada with two bags in my hand through rainbow bridge by walk.

The attending officer ( a gentle lady) asked very nominal questions and filled out the yellow slip and called an officer for secondary interview.

Then I was taken to the sideby office. The officer behaved very gently and offered me a sit.
Then three/four of them conducted extensive search ( God knows what they were discussing as the law is very clear in this regard) for almost two hours with my papers without having a single dialogue with me. Only the officer who took me to the office with him just asked about my present position. I readily told him that yes I have breached the RO and I am under an appeal with IAD and the appeal has not yet heard or decided.

After two hours of my patient sitting one officer called me and tried to tell me the impact and consequence of RO breach and it took around 3 minutes and he let me enter Canada.

I took a taxi from outside the CBSA office and proceeded towards TORONTO. The bothersome part was the waiting doing nothing.

I think it is the only punishment they could give to the RO breached people.

As per the act a PR can not be denied entry if he has no other inadmissability reason like criminal record or health issue.

While I was planning this I consulted a lawyer who demanded CAN $ 4900 for the purpose. They offered me that they will accompany me to the CBSA office and argue on behalf of me.
If I engaged them they would have robbed off the money doing nothing as they do not require to do nothing.

I have shared my personal experience.

Finally, the CBSA officers were all very gentle and well behaved.
 
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spousalsponsee

Hero Member
Apr 21, 2017
573
170
Are you actually in appeal with IAD?

If so, then no, you didn't need a lawyer. You've been admitted to Canada because you are still a PR, which means you have a right of entry. If you lose the appeal, you will need to leave the country. A lawyer wouldn't have anything to do at that stage - you have to be let in, and don't need to be reported because it's already under investigation.

If not, then you really did need one.
 

lilua

Hero Member
Jun 11, 2013
311
4
Ontario
Job Offer........
Pre-Assessed..
Are you actually in appeal with IAD?

If so, then no, you didn't need a lawyer. You've been admitted to Canada because you are still a PR, which means you have a right of entry. If you lose the appeal, you will need to leave the country. A lawyer wouldn't have anything to do at that stage - you have to be let in, and don't need to be reported because it's already under investigation.

If not, then you really did need one.
If I loss at IAD, I will go to Federal Court. Then I think it requires to have a counsel.
 

spousalsponsee

Hero Member
Apr 21, 2017
573
170
If I loss at IAD, I will go to Federal Court. Then I think it requires to have a counsel.
Oh, I'd definitely say to get a lawyer whenever you're going to court. What I meant was, at the port of entry, there's nothing they could have done for you. You are demonstrably a PR, so have to be let in, and the CBSA officers know that. You've already had your breach of RO detected, so the officers don't need to detect it and report it. Now, if there was doubt about your status, having a lawyer might have helped. Or if you were crossing the border out of the RO but without it being detected yet, and you knew it was going to be, then a lawyer might have helped you to argue why they shouldn't report you, or why the second, reviewing officer should mitigate the action. But in this specific situation - there was nothing to be done. You were let in, as you have a right, but temporarily, and the days you're in now don't count towards your RO obligation.

You say elsewhere that you're married to a citizen, wouldn't it be easier to just renounce your old PR status, and refile with them? You've been going through this for over a year now, you'd likely have your new PR status intact if you'd just done that, and avoided doubtless a lot of stress and time spent...