Entry/Exit using only COPR and US passport

[fasoola7321]

Here is a scenario and wanted reaction to:
Can a US citizen enter/exit Canada with just presenting a COPR and US Passport at land border entries? Will too many of this create an issue. Have an expired PR card and do not wish to renew as I am working in the US and was unable to find employment in Canada. In the future, will explain to a CBSA and stay in Canada for 2 years continuous before renewing the actual card. Thoughts appreciated.

 

[ContactFront]

Yes you can if you drive a private vehicle or walk across.
However CBSA might question you with regard to your residency obligation, and if you failed to meet the obligation there's always a chance you could be reported.

 

[fasoola7321]

Thanks for your reply. If CBSA asks about residency obligation, will state that made a good faith effort to secure a job and was unsuccessful. However, I have every intention of wanting to return and live in Canada at some point in the future. I do not wish to renounce my PR status because of unsuccessfully finding a job. Have documentation to show I have tried and the interview emails, etc if in case I need to prove it. Thoughts?

 

[scylla]

Thanks for your reply. If CBSA asks about residency obligation, will state that made a good faith effort to secure a job and was unsuccessful. However, I have every intention of wanting to return and live in Canada at some point in the future. I do not wish to renounce my PR status because of unsuccessfully finding a job. Have documentation to show I have tried and the interview emails, etc if in case I need to prove it. Thoughts?

You could still end up losing your PR status.

If the CBSA officer decides to file a report against you for failing to meet RO, this will kick off a process where you'll need to appear at a hearing and should expect to lose your PR status without strong H&C reasons for having failed to meet RO. Failing to secure a job in Canada is not accepted as a reason for failing to meet RO.

 

[fasoola7321]

Thanks scylla for the reply. So in essence its game of odd's on whether one is reported or not. I realize not securing a job is not solid ground of HC. Then, what are the options if one wishes to retain this status short of physically residing in Canada. Circumstances do not allow it now but that can change. Thoughts?

 

[scylla]

Thanks scylla for the reply. So in essence its game of odd's on whether one is reported or not. I realize not securing a job is not solid ground of HC. Then, what are the options if one wishes to retain this status short of physically residing in Canada. Circumstances do not allow it now but that can change. Thoughts?

Yes - correct. It's a dice roll if you are reported or not. Just to be clear, not being able to secure a job in Canada is flat out not accepted as an H&C reason. (You mentioned that this is "not solid grounds" - it's actually a lot less than that. It's not grounds at all from IRCC's perspective).

There are two options for living outside of Canada and retaining PR. One is to have a Canadian citizen spouse who lives outside of Canada along with you. The second is to be hired for a role in Canada by an established company with operations in Canada. Then once you have worked in the Canada-based role for a while (e.g. 6-12 months), be transferred to a role with that same company outside of Canada. Note that his does have to be an established company and can't be a consultancy firm (or something similar) that you set up for yourself (IRCC closed that loop hole many years ago).

The short answer is that if you have no plans on living in Canada in the next several years, there's really no point in applying for PR. You'll most likely just end up losing it.

 

[fasoola7321]

The idea of working for a Canadian company may be an option with my current employer...will need to explore this further. I know of folks working remotely and online in the US for Canadian company.

 

[scylla]

The idea of working for a Canadian company may be an option with my current employer...will need to explore this further. I know of folks working remotely and online in the US for Canadian company.

Just to be clear, for this to work, you would first have to accept a job in Canada (i.e. working physically in Canada) for a company with existing and established Canadian operations. Once you have worked in this job for 6 months to a year, that same company could then transfer you to a job outside of Canada (the job outside of Canada would have to be with the same company). Then your time outside of Canada could count towards PR.

Working remotely for your US company in Canada will allow you to count your time while in Canada towards PR. However once you leave for the US, this will be counted as time outside of Canada (and won't count towards PR).

 

[fasoola7321]

Thanks for the quick reply back. Where does it say in writing that one has to be on the job 6 months to a year? When I checked IRCC website, it makes no mention of that nuance. Is this a new statute? or rule?

 

[canuck78]

The only sure way to maintain your PR 100% is to enter Canada without being reported and wait for 2 years. Your current immigration status will be visible when applying ICT.

 

[Bs65]

Thanks for the quick reply back. Where does it say in writing that one has to be on the job 6 months to a year? When I checked IRCC website, it makes no mention of that nuance. Is this a new statute? or rule?

Personal view but I think that you have to put yourself in the mindset of immigration in that would you approve any scenario where someone arranges employment with a Canadian company then in a matter of weeks/ few months they get ‘assigned’ outside of Canada. This with someone who has already or about to fail the residency obligation which would seem to raise suspicions that the assignment is one of convenience and not real.

Basically Immigration have seen all these scenarios before hence Scylla recommending 6-12 months working in Canada to at least look more convincing and not an attempt to play the system.

 

[scylla]

Thanks for the quick reply back. Where does it say in writing that one has to be on the job 6 months to a year? When I checked IRCC website, it makes no mention of that nuance. Is this a new statute? or rule?

It's not written anywhere. It's based on how we've seen IRCC treat cases on this forum. IRCC needs to see that the job in Canada was "real" before you were transferred to a position outside of Canada. They want to make sure you're not trying to game the system and effectively fake a job in Canada in order to be able to count time outside of Canada towards PR. Keep in mind that IRCC sees people try to game the immigration system all of the time. So if there's something you're thinking of doing, they have seen it many many times before.

Quite honestly, the six months would be cutting it close IMO. I would recommend a year before the transfer to make sure the time outside of Canada can be counted. At least that's what I would do if I was in that kind of position and wanted to make sure that my time outside of Canad would count.

 

[fasoola7321]

appreciate the context...let me be clear-- I am not attempting game the system by any means. On the contrary, I am researching what is the rules at present time...just because I am trying to follow the rules doesn't mean one is attempting to do something wrong. If I determine that a means exist to maintain my PR status while outside Canada without running into suspicion- great! If it becomes a hassle then I will gladly renounce the PR status. Thanks again.

 

[mgnlky]

Here is a scenario and wanted reaction to:
Can a US citizen enter/exit Canada with just presenting a COPR and US Passport at land border entries? Will too many of this create an issue. Have an expired PR card and do not wish to renew as I am working in the US and was unable to find employment in Canada. In the future, will explain to a CBSA and stay in Canada for 2 years continuous before renewing the actual card. Thoughts appreciated.

US citizens can enter/exit Canada with just their US Passport after the initial landing. I only used my CoPR when doing my soft landing and then again 2 weeks later when I officially moved to Canada. Since, I use my US Passport to board flights to Canada, and my Nexus card to cross land borders and clear immigration at airports. I've only used my PR Card once-- and that was because there was apparently a system glitch that didn't show the officer my PR info was attached to my Nexus and I mentioned living and working here.