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crossed the border with expired PR

mpsqra

Champion Member
Jul 6, 2017
1,100
281
Category........
QSW
Visa Office......
CPC Ottawa
The link you posted was to a government of Quebec website, which is not an official way to contact IRCC.[/QUOTE
I do live in Quebec, if you want to update any address; that is the official web site when you live in Quebec. S/he said Régie de l'assurance maladie du Québec.
 

Hadysaade

Star Member
Jun 21, 2017
96
21
One more thing, If I called checking on my status and let's say I am not reported and my PR has not been revoked, would this harm me in any way? I mean would this open an investigation about my RO?

Thanks
Hady
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,249
Canada
One more thing, If I called checking on my status and let's say I am not reported and my PR has not been revoked, would this harm me in any way? I mean would this open an investigation about my RO?

Thanks
Hady
It's impossible to say. If you phone and were reported, you'd know immediately. If you phoned, and an agent looked into your entries into Canada, it may provoke them into further looking. That is not a reason to not find out your current status.
 

Hadysaade

Star Member
Jun 21, 2017
96
21
It's impossible to say. If you phone and were reported, you'd know immediately. If you phoned, and an agent looked into your entries into Canada, it may provoke them into further looking. That is not a reason to not find out your current status.
Thank you
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
I think the risk of being reported after phoning in is relatively low if you are calling the IRCC call center. You know you had an interaction with the border agent so you need to find out the result of that interaction. It wasn’t like you crossed the border without any further investigation.
 
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Hadysaade

Star Member
Jun 21, 2017
96
21
I think the risk of being reported after phoning in is relatively low if you are calling the IRCC call center. You know you had an interaction with the border agent so you need to find out the result of that interaction. It wasn’t like you crossed the border without any further investigation.
Thank you.

Is there a way to check somewhere online without the need of talking to someone?
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
What happened to your wife’s appeal? Assume your son finally got a US visa. After 8 years of being out of Canada I think it should be anticipated that you would lose your PR but I have been surprised before.
 

21Goose

VIP Member
Nov 10, 2016
5,247
1,615
AOR Received.
Feb 2017
One more thing, If I called checking on my status and let's say I am not reported and my PR has not been revoked, would this harm me in any way? I mean would this open an investigation about my RO?

Thanks
Hady
No. If you were allowed in without a report, you are in status right now and do NOT need to worry. You simply need to stay in Canada for two years to meet your RO going forward.
 

Hadysaade

Star Member
Jun 21, 2017
96
21
What happened to your wife’s appeal? Assume your son finally got a US visa. After 8 years of being out of Canada I think it should be anticipated that you would lose your PR but I have been surprised before.
My wife lost the appeal, and she applied for H&C 5 months ago and we are still waiting, and never heard about any deportation for her (there is the lawyer's address)
for my son, he got a US visa, but right after it he won the appeal, but still came through the US. I showed the paper that says he is still a PR to the agent, he said I do not know why he got the PR back although he was refused for a PRTD.
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,249
Canada
No. If you were allowed in without a report, you are in status right now and do NOT need to worry. You simply need to stay in Canada for two years to meet your RO going forward.
It's not clear that there was no report. OP says the border officer said he would make a report, but has kept an outdated address on file to "not put a spotlight" on the breach of RO.
 

dpenabill

VIP Member
Apr 2, 2010
6,279
3,040
I moved back to Canada in August 2018 with PR card expired in 2011, seven years after it was expired. I had two son's with me of 20 and 21 years old with expired PR cards since 2016.
The CBSA agent at the Border gave me some hard time asking questions and went inside for 10 minutes. He came back and handed me back our passports and said we are free to go. When I asked him what is the next step he said just go I will write my report to downtown office and they know what to do.
It's been now 9 months and I haven't heard anything from anybody knowing that I haven't signed any papers at the border.
Do you think we were reported? or he has just let us in? Is it risky to apply for assurance maladie or if I show up or change my address it will be reported to immigration?
Who went "inside" for ten minutes? In some respects your description suggests your contact was with the PIL officer, at the booth . . . but it also suggests you are talking about a more formal examination in Secondary at the PoE.

If this exchange was with a PIL booth officer, and then the officer waived you through, odds are very good there is NO PROBLEM. A note was probably made to your GCMS records, an alert to be aware of potential Residency Obligation compliance issues. But that probably is the full extent of it . . . unless and until you have a subsequent interaction with CBSA or IRCC (like arriving at the border again, or applying for a new PR card).

If this exchange took place AFTER a PIL booth officer referred you to Secondary, and thus took place with a second officer, what actually happened in that exchange is important. Which leads to how the term "report" is used.

It is not entirely unheard of for a PIL officer to engage in some extended questioning (been there, done that) but it is NOT common. Extended questioning is almost always done by an officer in Secondary.

In any event, there is a huge difference between whether a formal 44(1) Inadmissibility Report was issued or not. This is NOT the sort of report which would be sent to a "downtown office." It is a report issued and delivered to the PR. It is a formal report. It has specific legal consequences. You would have been given a copy if this was issued. Moreover, it would ordinarily result in another interview with another officer, either in person or by telephone.

CBSA officers can, of course, make a variety of other "reports," including a simple referral to a local IRCC office containing details which may or may not trigger further inquiries or investigation. We see rather few accounts of this kind of report. Indications suggest such reports do not, not usually, result in any action taken UNLESS the PR initiates interaction (such as applies for a new PR card, makes a family class sponsorship application, or such). They appear to be a step up from entering a note in the PR's GCMS records . . . or, perhaps, that is all they are.

That said, you seem to gloss over the nature and extent of this exchange at the PoE. Here's a clue: if the officer specifically requested you provide CONTACT information, information which would allow CBSA or IRCC to contact you in a follow-up to the PoE examination, obviously it was important for you to provide accurate information. This is different from an oral question in the course of asking multiple questions, like "where do you live?" or "where will you be staying?"

If the officer specifically asked for a detailed address and other contact information, obviously you will be bound by any notice sent using that information. Your loss if you played games in this regard.


Probably no need to rush to figure out your current status.

I tend to disagree with what appears to be the conventional wisdom about this.

If, for example, it turns out that you did not provide accurate contact information and CBSA/IRCC proceeded to take action, and indeed made a determination to issue a Removal or Departure Order, thereby terminating your PR status (absent a timely appeal), what's done is probably done. Probably too late to appeal. PR status is lost. When you next have interaction with CBSA or IRCC you would likely learn of this. In consequence you will need to soon leave Canada. As soon as you leave Canada that would cure any issues about having stayed and worked in the meantime.
-- Thus, for example, if you travel outside Canada, which by the way would cure staying without status, when you next arrived at a PoE to enter Canada you will be informed you are NOT a PR (and in that event, getting into Canada would probably depend on having a visa-exempt passport).
-- Or, if you apply for a PR card, your application would be summarily rejected on the grounds your PR status is terminated . . . and I'm guessing notice of the latter would also include notice you must leave Canada, and as long as you do, no problem. Again, any issues with having stayed and worked in the meantime would be cured by the fact you have left.​

But if in the meantime there has been no formal action taken, which is probably the more likely scenario IF you were not issued a formal 44(1) Report, and very likely unless the officer specifically obtained from you detailed contact information, THEN you are probably OK. In this event, like any other PR returning to Canada after being in breach of the RO who has been allowed into Canada without being issued a Departure Order, all you have to do is NOT engage in any transactions with CBSA or IRCC for two years, and that will cure the previous breach of the RO.
 
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Hadysaade

Star Member
Jun 21, 2017
96
21
Who went "inside" for ten minutes? In some respects your description suggests your contact was with the PIL officer, at the booth . . . but it also suggests you are talking about a more formal examination in Secondary at the PoE.

If this exchange was with a PIL booth officer, and then the officer waived you through, odds are very good there is NO PROBLEM. A note was probably made to your GCMS records, an alert to be aware of potential Residency Obligation compliance issues. But that probably is the full extent of it . . . unless and until you have a subsequent interaction with CBSA or IRCC (like arriving at the border again, or applying for a new PR card).

If this exchange took place AFTER a PIL booth officer referred you to Secondary, and thus took place with a second officer, what actually happened in that exchange is important. Which leads to how the term "report" is used.

It is not entirely unheard of for a PIL officer to engage in some extended questioning (been there, done that) but it is NOT common. Extended questioning is almost always done by an officer in Secondary.

In any event, there is a huge difference between whether a formal 44(1) Inadmissibility Report was issued or not. This is NOT the sort of report which would be sent to a "downtown office." It is a report issued and delivered to the PR. It is a formal report. It has specific legal consequences. You would have been given a copy if this was issued. Moreover, it would ordinarily result in another interview with another officer, either in person or by telephone.

CBSA officers can, of course, make a variety of other "reports," including a simple referral to a local IRCC office containing details which may or may not trigger further inquiries or investigation. We see rather few accounts of this kind of report. Indications suggest such reports do not, not usually, result in any action taken UNLESS the PR initiates interaction (such as applies for a new PR card, makes a family class sponsorship application, or such). They appear to be a step up from entering a note in the PR's GCMS records . . . or, perhaps, that is all they are.

That said, you seem to gloss over the nature and extent of this exchange at the PoE. Here's a clue: if the officer specifically requested you provide CONTACT information, information which would allow CBSA or IRCC to contact you in a follow-up to the PoE examination, obviously it was important for you to provide accurate information. This is different from an oral question in the course of asking multiple questions, like "where do you live?" or "where will you be staying?"

If the officer specifically asked for a detailed address and other contact information, obviously you will be bound by any notice sent using that information. Your loss if you played games in this regard.


Probably no need to rush to figure out your current status.

I tend to disagree with what appears to be the conventional wisdom about this.

If, for example, it turns out that you did not provide accurate contact information and CBSA/IRCC proceeded to take action, and indeed made a determination to issue a Removal or Departure Order, thereby terminating your PR status (absent a timely appeal), what's done is probably done. Probably too late to appeal. PR status is lost. When you next have interaction with CBSA or IRCC you would likely learn of this. In consequence you will need to soon leave Canada. As soon as you leave Canada that would cure any issues about having stayed and worked in the meantime.
-- Thus, for example, if you travel outside Canada, which by the way would cure staying without status, when you next arrived at a PoE to enter Canada you will be informed you are NOT a PR (and in that event, getting into Canada would probably depend on having a visa-exempt passport).
-- Or, if you apply for a PR card, your application would be summarily rejected on the grounds your PR status is terminated . . . and I'm guessing notice of the latter would also include notice you must leave Canada, and as long as you do, no problem. Again, any issues with having stayed and worked in the meantime would be cured by the fact you have left.​

But if in the meantime there has been no formal action taken, which is probably the more likely scenario IF you were not issued a formal 44(1) Report, and very likely unless the officer specifically obtained from you detailed contact information, THEN you are probably OK. In this event, like any other PR returning to Canada after being in breach of the RO who has been allowed into Canada without being issued a Departure Order, all you have to do is NOT engage in any transactions with CBSA or IRCC for two years, and that will cure the previous breach of the RO.
Thank you Dpenabill for the details.
The officer at the booth sent us to a secondary interview with a CBSA, we were coming through Berlington. Me, My American son who is also in breach and other son who has an expired PR but had won the appeal (By the way he renewed his PR).The officer kept asking me why we came now and why not before. I told him that my son regained his PR and my wife is about to, and my other son and I wanted to join the family. He disappeared for 10 minutes and came back, handed all the passports to me and said go on, he didn't even talk to my sons who are 20 and 21. I said "that's it what should I do? he said nothing just go". I asked him about next step he said he will write a report to his office in downtown.
We left.
I didn't intend to play any games, I said since he didn't ask me about my address, or I didn't fill out any paper, and since he hasn't mention anything about revoking or appealing, I decided to wait and see without contacting them.

No formal 44(1) Inadmissibility Report was issued to me.
I assumed there was no reporting.

The advice I need, is:
1-should I contact them or this will open an investigation.
2-I have updated my address at SAAQ and recently when filed my taxes. Do I UPDATE my address as well at all other departments including IRCC.

3-Based on the above what are my chances that I wasn't reported?

thanks