Appeal for PR is still on process, can I still enter Canada? And I have an expired PR card.

[abcd01]

We have entered Canada for the first time last 2011. We processed the initial papers needed when we landed and stayed there for a month. We left Canada and didn't visit the country until the year 2014. So mid 2014, my family decided to visit and look for school and finally decided stay to finish the days needed to fill our RO. We took a bus from NY to Quebec then there, we were held in the immigration for a few hours for questioning. We were told that even tho we would have decided to stay in Canada from that day to finish the days required for the RO, we wouldn't be able to finish off the 2 years cause it'll go over the given 5 years to meet the RO. (Basically, we wouldn't be able to physically stay in Canada for 2 years out of 5) So I remember the officer giving us the choice to enter Canada that time and process our appeal but the officer told us too that we should leave Canada within the next 30 days and report on the immigration on the boarder before leaving. (I also heard that the officers on the boarder has actually the power to let you enter the Canada and appeal or they could ask you to revoke your residency at the same moment if they want to. So I'm guessing that they actually gave us the chance to appeal for our papers) I also remember the officer saying that we can still visit and enter Canada after that incident but the days wouldn't be counted as days to fill in our RO. So they allowed us to enter Canada and appeal for our residency.

The thing is I am planning to visit Canada next month and I am not sure if we really can enter Canada again while the appeal is still on process. I mean, will I be held again for questioning or what might actually happen? Plus, we haven't heard anything or updates from the consul/embassy/immigration regarding the appeal that we sent until now. Our PR cards has also expire. We did try reaching out on the local embassy of Canada here in out country but they told us the we should just wait for it.

PS
I just recently read about the Permanent Resident Travel Document (PRTD), would I need one?

 

[qureishi]

your background is not clear. Please give more details and tell when you get your PR Card , and how many years you have stayed outside Canada after getting PR Card ?? because legally you can stay 3/5 years outside Canada without any problem.

 

[abcd01]

your background is not clear. Please give more details and tell when you get your PR Card , and how many years you have stayed outside Canada after getting PR Card ?? because legally you can stay 3/5 years outside Canada without any problem.

*Sorry, I typed in different years. Post edited*

We got our PR card and entered Canada for the first time last 2011. We stayed there for a month and was only able to return last 2014 by land. We were basically told back then that we were not physically present in Canada for a little bit over 3 years. We were out for like 3 years and a month or 2.

 

[qureishi]

Is your family still in Canada since 2014 ? In my opinion you should not leave the Canada in 2014 once you appeal and should wait for the result and PR card renewal.

 

[abcd01]

Is your family still in Canada since 2014 ? In my opinion you should not leave the Canada in 2014 once you appeal and should wait for the result and PR card renewal.

No because the officer from the immigration when the entered last 2014 told us that we should leave the country within 30 days. Within that given time we could either appeal or do nothing and our residency will be revoked. So we did appeal and and sent all the papers needed and we haven't heard anything after that.

 

[qureishi]

actually such things need lots of follow ups as well as a use of attorney or lawyer.
I am sure you need PRTD as your PR card is expired and you cant board a plane.

best of luck and keep posted.

 

[Buletruck]

Did you file your appeal within the specified time? If you didn’t, they would have proceeded to revoke your PR. It seems very strange, if you did appeal, you would have heard nothing since 2014. Did you file through a lawyer?

 

[abcd01]

Did you file your appeal within the specified time? If you didn’t, they would have proceeded to revoke your PR. It seems very strange, if you did appeal, you would have heard nothing since 2014. Did you file through a lawyer?

Yes we did. We did send in the papers that they asked us the same week that we entered Canada. They gave us papers to fill out and an address where we were supposed to mail the papers. And no, we did not file through a lawyer.

 

[Buletruck]

Well, I don’t see any reason, provided you are still PR’s that you can’t enter. The issue would be getting a PRTD to travel to Canada. Since you have been out of Canada over a year, they don’t have to provide you one. The other choice would be to enter from the US via a land border.

You should submit a CSE (case specific enquire) regarding your appeal before you do anything. 3-4 years without any comments/correspondence seems excessive.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc.html

 

[zardoz]

Yes we did. We did send in the papers that they asked as the same week that we entered Canada. They gave us papers to fill out and an address where we were supposed to mail the papers. And no, we did not file through a lawyer.

If you did not follow up to confirm your papers had actually been received, it's possible that your status revocation completed by default.

 

[abcd01]

If you did not follow up to confirm your papers had actually been received, it's possible that your status revocation completed by default.

We did try following up the case on the local embassy here but they just told us that cases like this usually takes time and that we should just wait. Tho we will try to visit and follow up again soon on this.

 

[abcd01]

actually such things need lots of follow ups as well as a use of attorney or lawyer.
I am sure you need PRTD as your PR card is expired and you cant board a plane.

best of luck and keep posted.

We will try to folloe up again soon. Thank you!

 

[abcd01]

Well, I don’t see any reason, provided you are still PR’s that you can’t enter. The issue would be getting a PRTD to travel to Canada. Since you have been out of Canada over a year, they don’t have to provide you one. The other choice would be to enter from the US via a land border.

You should submit a CSE (case specific enquire) regarding your appeal before you do anything. 3-4 years without any comments/correspondence seems excessive.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc.html

Noted. Thank you very much!

 

[abcd01]

Well, I don’t see any reason, provided you are still PR’s that you can’t enter. The issue would be getting a PRTD to travel to Canada. Since you have been out of Canada over a year, they don’t have to provide you one. The other choice would be to enter from the US via a land border.

You should submit a CSE (case specific enquire) regarding your appeal before you do anything. 3-4 years without any comments/correspondence seems excessive.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc.html

Sorry, but to make things clear, we wouldn't need a PRTDs to enter Canada by land if we're coming from US?

 

[Rob_TO]

We have entered Canada for the first time last 2011. We processed the initial papers needed when we landed and stayed there for a month. We left Canada and didn't visit the country until the year 2014. So mid 2014, my family decided to visit and look for school and finally decided stay to finish the days needed to fill our RO. We took a bus from NY to Quebec then there, we were held in the immigration for a few hours for questioning. We were told that even tho we would have decided to stay in Canada from that day to finish the days required for the RO, we wouldn't be able to finish off the 2 years cause it'll go over the given 5 years to meet the RO. (Basically, we wouldn't be able to physically stay in Canada for 2 years out of 5) So I remember the officer giving us the choice to enter Canada that time and process our appeal but the officer told us too that we should leave Canada within the next 30 days and report on the immigration on the boarder before leaving. (I also heard that the officers on the boarder has actually the power to let you enter the Canada and appeal or they could ask you to revoke your residency at the same moment if they want to. So I'm guessing that they actually gave us the chance to appeal for our papers) I also remember the officer saying that we can still visit and enter Canada after that incident but the days wouldn't be counted as days to fill in our RO. So they allowed us to enter Canada and appeal for our residency.

The thing is I am planning to visit Canada next month and I am not sure if we really can enter Canada again while the appeal is still on process. I mean, will I be held again for questioning or what might actually happen? Plus, we haven't heard anything or updates from the consul/embassy/immigration regarding the appeal that we sent until now. Our PR cards has also expire. We did try reaching out on the local embassy of Canada here in out country but they told us the we should just wait for it.

PS
I just recently read about the Permanent Resident Travel Document (PRTD), would I need one?

What was the reason you didn't live in Canada immediately after getting PR?

Based on the info you provided, I assume you were employed in the US and wanted to continue your employment there. If this is the case, you should note that employment is typically NOT seen as a valid H&C argument to keep your PR status.

After filing your appeal in Canada, you could have stayed here. You would have only needed to leave if you declined to file an appeal so your PR status was terminated.

The fact you left Canada after filing your appeal and made no attempt to try to settle here, does not bode well for your appeal. You should prepare for the high chance that your appeal will ultimately be rejected and your PR status terminated, unless there is some major H&C reason you didn't' mention (like serious medical condition of a family member).