Expired PR card (outside Canada) and unable to meet RO

[jyos]

Hi

I have an expired PR card. I first landed in Canada when I was 15 and stayed in Canada for about 3 weeks and have since never returned because of extenuating personal circumstances. I, however, have decided to try and return to Canada via the US-Canada land border. However, I do not have any of my original landing documents (it's all with my step-father who has since abandoned my mother and myself, and refused to give us the docs in order to sabotage our attempts at going back to Canada; we were planning on moving back to Canada as a family as soon as I turned 18) and I don't have the COPR either. I only have my PR card and SIN. Will the lack of other landing documents and failure to meet RO despite not having any control over the situation, result in my being refused entry into Canada?

I am now 23 and finally have sufficient funds to make an attempt to go back to CA.

 

[scylla]

Hi

I have an expired PR card. I first landed in Canada when I was 15 and stayed in Canada for about 3 weeks and have since never returned because of extenuating personal circumstances. I, however, have decided to try and return to Canada via the US-Canada land border. However, I do not have any of my original landing documents (it's all with my step-father who has since abandoned my mother and myself, and refused to give us the docs in order to sabotage our attempts at going back to Canada; we were planning on moving back to Canada as a family as soon as I turned 18) and I don't have the COPR either. I only have my PR card and SIN. Will the lack of other landing documents and failure to meet RO despite not having any control over the situation, result in my being refused entry into Canada?

I am now 23 and finally have sufficient funds to make an attempt to go back to CA.

You will be allowed to enter Canada with your expired PR card. If you plan to enter while the border restrictions and quarantine rules are in place, make sure you are able to demonstrate a plan for how and where you will quarantine for 14 days.

What none of us can tell you is if you will be allowed in without being reported. Or if you will be allowed in but will be reported for failing to meet the residency obligation. If you are reported, you will have to appear at a hearing to argue why you should be allowed to keep your PR status.

Assuming you are not reported, you will remain in Canada for 2 straight years and will then be able to renew your PR card.

 

[jyos]

If I do get reported and I am allowed inside the country, will the days leading up to the hearing count towards meeting the RO?

You will be allowed to enter Canada with your expired PR card. If you plan to enter while the border restrictions and quarantine rules are in place, make sure you are able to demonstrate a plan for how and where you will quarantine for 14 days.

What none of us can tell you is if you will be allowed in without being reported. Or if you will be allowed in but will be reported for failing to meet the residency obligation. If you are reported, you will have to appear at a hearing to argue why you should be allowed to keep your PR status.

Assuming you are not reported, you will remain in Canada for 2 straight years and will then be able to renew your PR card.

Assuming I do get reported and I'm allowed inside the country, will the days leading up to the hearing count towards meeting the RO?

Also, would you happen to know on average how these cases go?

I've never had any intention of abandoning my PR status, everything that has lead to this situation has been out of my control either due to being a minor or owing to extremely difficult financial situation

 

[scylla]

If I do get reported and I am allowed inside the country, will the days leading up to the hearing count towards meeting the RO?



Assuming I do get reported and I'm allowed inside the country, will the days leading up to the hearing count towards meeting the RO?

Also, would you happen to know on average how these cases go?

I've never had any intention of abandoning my PR status, everything that has lead to this situation has been out of my control either due to being a minor or owing to extremely difficult financial situation

No - the days leading up to the hearing won't count towards RO as it relates to the hearing.

How these cases go depend on the strength of your H&C argument for having been outside of Canada. Financial reasons generally aren't accepted for H&C.

You are a bit on the older side for the minor argument. Generally speaking, IRCC expects someone to be returning when they are 19-21 years old. The other thing that may work against you is the fact that your family never established themselves in Canada before leaving. But by all means give it a go. If you are reported at the boarder, you may want to hire a lawyer to advise you on the hearing. Good luck.

 

[jyos]

No - the days leading up to the hearing won't count towards RO as it relates to the hearing.

How these cases go depend on the strength of your H&C argument for having been outside of Canada. Financial reasons generally aren't accepted for H&C.

You are a bit on the older side for the minor argument. Generally speaking, IRCC expects someone to be returning when they are 19-21 years old. The other thing that may work against you is the fact that your family never established themselves in Canada before leaving. But by all means give it a go. If you are reported at the boarder, you may want to hire a lawyer to advise you on the hearing. Good luck.

The odds seemed stacked against me. However, I will give it a shot. I've read a few threads on here where they've been allowed inside the country. How much does hiring a lawyer in the event of being reported cost? Also, I would be really grateful if you could mention the names of a few lawyers/ law firms that are good at dealing with this situation.

 

[scylla]

The odds seemed stacked against me. However, I will give it a shot. I've read a few threads on here where they've been allowed inside the country. How much does hiring a lawyer in the event of being reported cost? Also, I would be really grateful if you could mention the names of a few lawyers/ law firms that are good at dealing with this situation.

I expect you're looking at somewhere around $3,000 for a lawyer. I have never hired an immigration lawyer and can't recomment one. However this forum is paid for by a Canadian immigration lawyer and you can certainly reach out to his office. His contact info is in the top left hand corner of every page.

 

[Copingwithlife]

Hi

I have an expired PR card. I first landed in Canada when I was 15 and stayed in Canada for about 3 weeks and have since never returned because of extenuating personal circumstances. I, however, have decided to try and return to Canada via the US-Canada land border. However, I do not have any of my original landing documents (it's all with my step-father who has since abandoned my mother and myself, and refused to give us the docs in order to sabotage our attempts at going back to Canada; we were planning on moving back to Canada as a family as soon as I turned 18) and I don't have the COPR either. I only have my PR card and SIN. Will the lack of other landing documents and failure to meet RO despite not having any control over the situation, result in my being refused entry into Canada?

I am now 23 and finally have sufficient funds to make an attempt to go back to CA.

And just be aware that some provinces such as Ontario have document requirements to get OHIP .

For permanent residents (formerly called “landed immigrants”)
Permanent Resident Card
must be valid or expired no more than five years
Confirmation of Permanent Residence (IMM 5292, 5688)
Canadian Immigration Identification Card
Record of Landing (IMM 1000)

 

[jyos]

Hi, thank you for your insights

And just be aware that some provinces such as Ontario have document requirements to get OHIP .

For permanent residents (formerly called “landed immigrants”)
Permanent Resident Card
must be valid or expired no more than five years
Confirmation of Permanent Residence (IMM 5292, 5688)
Canadian Immigration Identification Card
Record of Landing (IMM 1000)

Thank you for your insights.

I do have a different question; will it be possible to apply for a study visa (after giving up my PR)?

 

[jyos]

I expect you're looking at somewhere around $3,000 for a lawyer. I have never hired an immigration lawyer and can't recomment one. However this forum is paid for by a Canadian immigration lawyer and you can certainly reach out to his office. His contact info is in the top left hand corner of every page.

Hi again.

I am considering renouncing my PR. Will this affect my chances of getting a Study Permit?

Also, how long does it take to renounce the PR and what is the process to do so?

Would it be sooner if i apply for a PRTD and get refused and let 60 days pass?

Further, since it was my step dad who sponsored my PR when I was a minor, would he find out that I have renounced it. I'm not completely sure if he's in CAN right now, but it's quite likely that he is. Plus, when i apply for a student visa, would i have to mention that my Stepdad is in Canada? I don't know where he lives and have no contact with him. He and my mother have been separated since 2016 and my mother hasn't been able to file for divorce since he sin't in India.