Entering Canada with an expired PR card - urgent please help.

[Leon]

Re: Entering Canada with an expired PR card

i haven`t stayed enough days in canda , less than 730 . I want to go back and live in Canada
in 2014 so my PR card will be expired and i will not meet the residency requirements .
My question is : Can I fly over to Canada in 2014 and show the officers only my german Passport (...and the expired PR ? )

Since you are a PR, they probably have a record of your passport so if you do not show them the PR card, they will probably ask you for it. You can show them the expired card and say that you could not renew it because you were not in Canada when it expired. It is generally not a good idea to lie to immigration because they may get ticked off if they catch you in a lie. Still some people have done it and even said they were 100% sure that the immigration officers knew they were lying but still let them pass. However, you could also say that you do not meet the residency requirements but you had a good reason why you couldn't because I suppose that is true. Maybe your reasons are not good enough for immigration but it is likely that the immigration officers let you pass anyway without reporting you because they would prefer that you deal with CIC when you try to renew your PR card. However, you do not have to deal with CIC because you would continue to stay in Canada until 2 years have passed and only then apply to renew your card.

 

[winnipmb]

Thank you very much for your answer Leon ...
I have some more questions .
... when I and my family want to come back to Canada ( our PR card will expire in juli 2013 ) , in June 2014 for example ,
and we have not meet the residency requirements ( less than 730 days ) , I will show the officers our expired PR cards and tell them
about our reasons for staying outside of Canada : taking care of family menber here in germany ...and my wife health conditions were
not good for a long time ( she has multiple sklerose ) , she has this sickness for more than 4 years now , but the course of this sickness
changes very often from good to bad , ...
- So i will need papers or documents to prove this ??? or I can only tell them ???
- And how do they know if we meet the residency requirements or not ? Just in this moment , when we are showing our passports and PR cards at the airport ???

Thank you

 

[Leon]

If you have medical reports to prove it, it is better for you because they might then decide to let you in without reporting you which means you don't have to appeal.

They don't always know instantly who meets the residency requirements but they can look at the stamps in your passport, they can look at the info they have of each time you entered Canada and they work with the US border and some others so they may see if you have entered the US. They can also get access to airline passenger lists if they want to but I doubt they have this info instantly available.

 

[winnipmb]

Thanks ...
What means " they might not report you which means you don´t have to appeal " ? ...and what means " beeing reported "?

... without medical reports they will report us for sure ?
In my situation ... Do you think they let us in ?, so that there is a chance to stay in Canada for 2 years and then renew our cards ?
or is the only safe way to enter before the cards are expired ?
thank so much ...

 

[Leon]

Being reported means the immigration officers figure out when you enter that you do not meet the residency obligation and decide to report you as being in breach of it. This means that they start the process of revoking your PR. You would be allowed to enter Canada and appeal their decision, proving that you had mitigating circumstances. If you lose your appeal, you would lose your PR.

Being reported is not that common. If you say that you were taking care of a sick relative and that you are ready to prove it if necessary, even if you don't have any documents with you when you enter, you will probably not get reported. If you are not reported, you can enter Canada and stay for 2 years and then apply to renew your PR cards without needing any proof of medical reports.

 

[winnipmb]

Thanks , ... and if we decide to fly to Canada earlier , so that our cards are not expired , for example one week before expiring date ?
there would be no questions , they let us in and everything is o.k ?

 

[Leon]

There still might be questions if you enter with a PR card very close to expiry but hopefull at least fewer questions.

 

[winnipmb]

thanks Leon ,
what about entering by land border from the US ?
...in 2014 , when our cards will be expired for more than one year ? Is that a way that will
work for sure ? My friend in Canada could pick us up in the US and drive us over the border ...
what do you think ?
thank you ...

 

[Leon]

No guarantees. You might still be reported if you show up with valid PR cards, expired PR cards means more likely to get reported and the longer the cards are expired, more risk for you. If you want to maximize your chances to keep your PR, you should move now.

 

[BiboMD]

Hey Leon,

Your answers have been awesome man, I was wondering if I can get your input on my situation. I am a Canadian PR who submitted the citizenship application in Sep 2010, then I left Canada in April of 2011 since I was going to med school in the Caribbean in August, 2011. I have been out of the country since August 2011 with only one or two return visits, during one of which I renewed my PR card which now expires in 2017. When I had my citizenship interview in Nov, 2011 I was given the questionnaire thing to fill out and have not heard back since.... I have read on here that those can take up to 2 years to receive an answer for. Anyway, my worry is that technically if they send me a letter to go back after March, 2014 (which would be 2.5 years from when I got the questionnaire initially) I will have been out of Canada for more than 3 years....
1. Could this stop me from me from getting into the country in any way?
2. Even if I go across the US border by vehicle since I do have a US visa?
3. Do you think this would be an issue with getting citizenship?
4. I mean if they have to let you in even if they report you, then would it be a problem if you go in at that time and get your citizenship on that trip?
Also, I am planning on coming back to Canada when I am done med school... the only reason I left is cuz most of Quebec med schools are in French... could I explain this and show my letters of rejection form Canadian med schools and explain that I left cuz I had no choice?

5. Finally, if I cross the border on a bus or train, do they still only check the PR card (cuz I remember them doing that once) or do they check my passport as well??

Thanks again for your input and your amazing help.....

 

[Leon]

1. Could this stop me from me from getting into the country in any way?

No, they will have to let you in but they could report you if they think you don't meet the requirements

2. Even if I go across the US border by vehicle since I do have a US visa?

Some say less chance of getting reported if you cross from the US but getting reported with a valid PR card is still not that common

3. Do you think this would be an issue with getting citizenship?
4. I mean if they have to let you in even if they report you, then would it be a problem if you go in at that time and get your citizenship on that trip?

Your PR needs to be in good standing for citizenship so if you got reported, it would put your citizenship in jeopardy.

Also, I am planning on coming back to Canada when I am done med school... the only reason I left is cuz most of Quebec med schools are in French... could I explain this and show my letters of rejection form Canadian med schools and explain that I left cuz I had no choice?

If they hassle you, you could give that as a reason and they may accept it but they could also say that you could have studied something else instead.

5. Finally, if I cross the border on a bus or train, do they still only check the PR card (cuz I remember them doing that once) or do they check my passport as well??

As I have never cross by bus or train, I simply don't know but maybe somebody else could answer that.

 

[BiboMD]

Thank you for your rapid answers Leon!!

 

[winnipmb]

Thanks Leon for your answers ,
I have one mor question ...
our situation now : we want to fly back to canada at the beginning of august 2013
our PR cards are still valid up to the 17th august 2013 , only our youngest daughters PR card is expired then.
Her card was expired on the 19th june2013 .
we couldnt fly earlier , my wife has some health reasons ( Multiple Sklerose ) and was not in good travel condition.
We have a paper from the doctor here .
What do you think about our situation ? Thanks for beeing so helpful ,

 

[Leon]

Thanks Leon for your answers ,
I have one mor question ...
our situation now : we want to fly back to canada at the beginning of august 2013
our PR cards are still valid up to the 17th august 2013 , only our youngest daughters PR card is expired then.
Her card was expired on the 19th june2013 .
we couldnt fly earlier , my wife has some health reasons ( Multiple Sklerose ) and was not in good travel condition.
We have a paper from the doctor here .
What do you think about our situation ? Thanks for beeing so helpful ,

As your PR cards are still valid, the airline will let you fly and immigration will let you in. If they ask you if you meet the residency requirements and you do not, you can bring up the health issues.

As for your daughter whose PR card is expired, that is a different issue. If she is visa exempt, she can fly to Canada with you on the strength of her passport. The airline will let her fly. Immigration will let her in. No problem. If she is not visa exempt but can get to the US, rent a car and drive to Canada, also no problem. However, if she is not visa exempt and you can not go through the US, the airline will not let her fly with an expired PR card and no visa. Therefore you would need to apply for a travel document for her and you should do that immediately because it can take a while to get it. In the application for the travel document, you will have to write the address history, if she meets the residency requirements or has mitigating reasons why she doesn't. If she is not granted a travel document, she would not be able to go to Canada.

 

[frazme]

brandronmm, can u pls share you experience of entering Canada with an expired PR Card.

What documents did u show and what sort or questions the officer asked you. Did they send you inside for secondary inspection or it all worker out at the first checkpoint . Thanks