Expired PR

[amry]

Thank you Zardos,
What is the scenario if were to be reported? stii can enter Canada?
Or will be deported?

 

[keesio]

Thank you Zardos,
What is the scenario if were to be reported? stii can enter Canada?
Or will be deported?

0% chance of deportation. 100% chance that you can enter Canada (though they may talk to you for awhile to verify that you are a PR and decide if to report you)

The only question is if you get reported. No one knows the chances for that one. But even if you get reported, CBSA has to let you in.

 

[Bcboundboy]

Thank you Zardos,
What is the scenario if were to be reported? stii can enter Canada?
Or will be deported?

Once it is established that you hold PR status, you must be allowed to enter Canada. As a PR, you have a legal right of entry to the country under the Charter of Rights & Freedoms. You will certainly be allowed to enter. If the questioning at the port of entry uncovers that you do not meet the residency requirement, it may trigger an investigation into your PR status, which may culminate in you losing your PR status, at which point you would need to leave. Nobody can say for sure if that will happen, or if it does, what the investigation will determine.

 

[amry]

Hi
What will happen if we apply for PRTD ,then rejected . Can we still cross US border?
TQ

 

[Bcboundboy]

See post immediately above.

 

[amry]

Thank you

 

[amry]

HI
Its me again.
This is what i receive after applying for PRTD.
Should you choose not to summit an appeal of this decision to the Immigration Appeal Division Canada, the decision concerning your non-compliance with the residency obligation under section 28willbecome a final determination of your residency status.You will be inadmissible to Canadian a PR.You will be considered to have lost your status as a PR of Canada, in accordance with subsection46(1)(b)of act. You will not be allowed to enter Canada as a permanent resident accordance with subsection 19() of the act.
Can I still enter via US border.
Pls Can someone reply me.
Thanks

 

[zardoz]

HI
Its me again.
This is what i receive after applying for PRTD.
Should you choose not to summit an appeal of this decision to the Immigration Appeal Division Canada, the decision concerning your non-compliance with the residency obligation under section 28willbecome a final determination of your residency status.You will be inadmissible to Canadian a PR.You will be considered to have lost your status as a PR of Canada, in accordance with subsection46(1)(b)of act. You will not be allowed to enter Canada as a permanent resident accordance with subsection 19() of the act.
Can I still enter via US border.
Pls Can someone reply me.
Thanks

What are you planning to achieve by entering via the USA? You can't save your PR status that way now. Your only option is to appeal.

 

[amry]

Thanks for the reply,
Ya I wanted to enter via USsio that can stay for 2 years and renew my PR.
My hubby and son is there.
Will they deport me?
Pls could someone reply me.
Thanks in advance

 

[scylla]

Thanks for the reply,
Ya I wanted to enter via USsio that can stay for 2 years and renew my PR.
My hubby and son is there.
Will they deport me?
Pls could someone reply me.
Thanks in advance

Again, entering via the US is no longer possible since you applied for the PRTD and were refused. Your only option now is to appeal the refused PRTD.

 

[zardoz]

Thanks for the reply,
Ya I wanted to enter via USsio that can stay for 2 years and renew my PR.
My hubby and son is there.
Will they deport me?
Pls could someone reply me.
Thanks in advance

If you don't file an appeal, you WILL lose your PR status and yes, they could deport you even if you go over the US border. It is clear that you really don't understand your situation and you may be best served by at least consulting with a lawyer who deals with Canadian immigration cases in your own country.

 

[Rob_TO]

Ya I wanted to enter via USsio that can stay for 2 years and renew my PR.

That door is now closed and no longer possible for you.

The refused PR TD has already started process to revoke your PR status. You must now file to appeal the decision if you want to challenge the decision based on H&C grounds. If you don't appeal, then in a very short time your PR status will be gone.

While your appeal is in process, you are still a PR and can return to Canada if you like via the US border and continue appeals process in Canada. Although I'm not sure how appeals work when you lodge it in another country, then return to Canada while waiting. Talking to a lawyer would be recommended.

If you come back to Canada and your appeal is eventually denied, you will then be asked to leave Canada.

If you end up losing your PR status, your husband can apply to sponsor you for PR again under a new family class application. Of course there's a good chance you'll need to remain in your home country while this is processing. Actually in some cases this may be a preferred option vs going through appeals process which may take a very long time and with expensive lawyer fees, with a good chance of being refused in the end anyways.

 

[zardoz]

That door is now closed and no longer possible for you.

The refused PR TD has already started process to revoke your PR status. You must now file to appeal the decision if you want to challenge the decision based on H&C grounds. If you don't appeal, then in a very short time your PR status will be gone.

While your appeal is in process, you are still a PR and can return to Canada if you like via the US border and continue appeals process in Canada. Although I'm not sure how appeals work when you lodge it in another country, then return to Canada while waiting. Talking to a lawyer would be recommended.

If you come back to Canada and your appeal is eventually denied, you will then be asked to leave Canada.

If you end up losing your PR status, your husband can apply to sponsor you for PR again under a new family class application. Of course there's a good chance you'll need to remain in your home country while this is processing. Actually in some cases this may be a preferred option vs going through appeals process which may take a very long time and with expensive lawyer fees, with a good chance of being refused in the end anyways.

Of course, based on the OP's statement here:

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?

There is no realistic way that she can be responsored until the sponsoring spouse is back in compliance with the residency obligation requirements, which might well be not for another couple of years.

 

[Rob_TO]

Of course, based on the OP's statement here:There is no realistic way that she can be responsored until the sponsoring spouse is back in compliance with the residency obligation requirements, which might well be not for another couple of years.

Yes indeed, spouse will need to wait 2 years to be back in compliance with RO before he can attempt to sponsor her.

Also I would worry that if she appeals and uses her husband/kid in Canada as a H&C reason, it may alert CIC to the fact that they also don't meet the RO and could start process to revoke their PR status as well.

 

[amry]

Dearest Rob, Zardoz, Rob and Scylla,
Thank you so much for the concern and Now I do understand where do I stand.
I am going to appeal anymore. Let my husband and son stay there for 2 years.
Will see what i can do later.
Million thanks again.
Anyways , Can I apply for tourist visa to visit them. Let say in Dec. Because I am really missing them.
I am alone here in Malaysia.
Thanks again friends