Expired PR

[amry]

I renewed my PR in 2011 Feb. Came back home in June 2012. My PR expired on 21st Feb 2016. Now I wanted to go back to canada.
My husband and son just flew back to Toronto 2 days ago as they have valid PR
I did not complete 730 days.
I have US visa and stated as Landed Immigrant of Canada in It.
So can I fly to US and enter Canada.
I wanted to be with my family.
Any questions will be asked at the border?
Thought of flying on early Oct .
Need advise

 

[Rob_TO]

So can I fly to US and enter Canada.

Yes. Upon entry CBSA may question you about not meeting residency obligation, and there's a good chance they will report you which will begin process to revoke your PR status. Although you can still enter Canada in the meantime.

If your PR status is revoked, then if your husband is a PR that meets residency obligation, he can apply to sponsor you for PR under family class.

 

[amry]

Thank you for the answer,
My question is. Can I still entre Canada?
My husband did not full fill his RO too.
What is the scenario?
Pls guide

 

[dpenabill]

Thank you for the answer,
My question is. Can I still entre Canada?
My husband did not full fill his RO too.
What is the scenario?
Pls guide

A big question is how did it go for your husband, two days ago, upon arrival in Canada.

If he has been reported, and particularly if he has been issued a Removal Order or a Departure Order, the question is whether or not there are substantial H&C reasons to show he deserves to retain PR status. If so, appeal, and make that case. And how it goes will depend on the strength of that case.

You are entitled to enter Canada. Beyond that, you may be examined about compliance with the PR Residency Obligation. How it goes depends on the particular circumstances of your situation.

If your husband got in without being reported, he needs to stay long enough to be in compliance with the PR RO.

Same for you.

But if he got in without being reported, and you did not, you can still appeal, live in Canada as a PR during the appeal. And then later decide how to deal with the situation . . . recognizing that if your husband is not reported, and stays long enough to be in compliance with the PR RO, if you lose your appeal he can then apply to sponsor you.

But if you are living with your family in Canada at that point, my guess is that IRCC is likely to allow you to keep your PR status rather than force you to go through the sponsorship process.

So many contingencies. Hard to describe all the variations in how it could go.

First big contingency, again, is how it went for your husband two days ago. After all, if it did not go well for him, it is not likely to go well for you. If both reported, both of you can appeal. But of course how it goes on appeal will depend on the strength of the H&C case made.

 

[amry]

Thank you again
My husband and son had a valid PR. Expiring on 21st Oct 2016. But did not full fill their RO
They took flight to Canada and no question were asked at the canada immigration.
Mine expired on 21st Feb 2016 .I did not full fill my RO either.
I just need another 4 months to complete my RO.
So the officer will let me in?

 

[keesio]

Thank you again
My husband and son had a valid PR. Expiring on 21st Oct 2016. But did not full fill their RO
They took flight to Canada and no question were asked at the canada immigration.
Mine expired on 21st Feb 2016 .I did not full fill my RO either.
I just need another 4 months to complete my RO.
So the officer will let me in?

You husband and son were lucky. They were allowed to enter Canada without issue. So their PR status in not at risk as long as they don't leave Canada until they meet their RO again. I suspect that having a valid PR card made a big difference.

You have a higher risk because your PR card expired. That is an automatic red flag and will cause CBSA to question you more, unlike your husband and son. There is a chance CBSA will question you on your RO and decide to report you to IRCC for further investigation. No one can tell you what the odds are. Regardless of what happens, they must let you into Canada. Even if you are under investigation, until your PR is revoked, you are a PR and have a right to enter Canada.

 

[amry]

Thank you Keesio
That means I can enter Canada right.
Thank you so much.
is there any other document that I should provide? Thanks a million
ambiga

 

[amry]

Hi,
I have another question,
Is it possible once all the clearance done I just walk cross the border.
My husband do not have to come over here.
Just pick me over there.
Will be good anyone could reply me.
Thank you

 

[keesio]

If the border crossing where you will enter Canada has a pedestrian crossing (not all do), you can simply walk over the border.

 

[zardoz]

Thank you again
My husband and son had a valid PR. Expiring on 21st Oct 2016. But did not full fill their RO
They took flight to Canada and no question were asked at the canada immigration.
Mine expired on 21st Feb 2016 .I did not full fill my RO either.
I just need another 4 months to complete my RO.
So the officer will let me in?

How do you calculate that you only need 4 months if you last left Canada in June 2012?

 

[amry]

Renewed in Jan 2011. Came back home in June 2012. Sorry I need 8 months.

 

[scylla]

Renewed in Jan 2011. Came back home in June 2012. Sorry I need 8 months.

No - you need to live in Canada for two straight years before you can renew your PR card because you've been outside of Canada for more than three years.

 

[zardoz]

Just to clarify. Every new day that passes loses a day off the back end of the rotating 5 years (1825 days) window. So, if you only have residency days at the beginning, you lose one as you gain each new one. This is why you now need 730 new ones.

Renewed in Jan 2011. Came back home in June 2012. Sorry I need 8 months.

You are still wrong. Assuming that you left in mid June 2012 and it's now mid September 2016, you have been outside Canada for about 1520 days. Subtract that from 1825 gives ONLY 305 residency obligation days. So, you are missing (730 - 305 = 425) days, which is already well over a year. And, it's getting worse every day.

 

[amry]

Okay. Now I understand. Anyways Can I still cross the border to To Canada.
I wated to go back to Canada.
Million thanks.

 

[zardoz]

Okay. Now I understand. Anyways Can I still cross the border to To Canada.
I wated to go back to Canada.
Million thanks.

You can certainly try. The only unknown is if you would be reported.