Is it possible to renounce PR status at the border?

[onequemort]

Hello,

I was granted PR in 2012 along with my family, but we only stayed there for a month. Then my parents decided to live in my home country due to family matter and personal issues. Since then I haven't been to Canada. This means that my PR card expired in 2017. I am 20 years old now doing my Bsc. in my home country and I got a research scholarship for the summer in the US. (because of this I have got a valid US visa) I have a friend in Canada, so I am planning on visiting him after finishing my program. I found out that although I didn't meet the RO I still have my PR status. I am an EU citizen so I don't need visa to enter Canada. (even without being PR)
Here are my preferences:
1) I would like to enter Canada without problems (maybe more than once this summer)
2) I got one more year from college and after that I plan to study Msc. in Canada. So retaining my PR would benefit me.
So living "off the radar" for two years after getting in is not an option for me. I want to do this the correct way like if I am eligible for H&C than that's great, if not than I don't want any problems.
If I show my valid passport will they check my former status? Optionally can I renounce my PR at the border?

Your help would be greatly appreciated.

 

[21Goose]

Hello,

I was granted PR in 2012 along with my family, but we only stayed there for a month. Then my parents decided to live in my home country due to family matter and personal issues. Since then I haven't been to Canada. This means that my PR card expired in 2017. I am 20 years old now doing my Bsc. in my home country and I got a research scholarship for the summer in the US. (because of this I have got a valid US visa) I have a friend in Canada, so I am planning on visiting him after finishing my program. I found out that although I didn't meet the RO I still have my PR status. I am an EU citizen so I don't need visa to enter Canada. (even without being PR)
Here are my preferences:
1) I would like to enter Canada without problems (maybe more than once this summer)
2) I got one more year from college and after that I plan to study Msc. in Canada. So retaining my PR would benefit me.
So living "off the radar" for two years after getting in is not an option for me. I want to do this the correct way like if I am eligible for H&C than that's great, if not than I don't want any problems.
If I show my valid passport will they check my former status? Optionally can I renounce my PR at the border?

Your help would be greatly appreciated.

You need an ETA to travel to Canada. You can't get an ETA if you're already a PR.

You should therefore apply for a PRTD. You're unlikely to get the PRTD as they will probably start the process of revoking your PR. Simply let that process run through and you will lose your PR status and can then get an ETA.

Alternatively, you can choose to renounce your PR directly without going through the PRTD application if you're absolutely certain you don't want the PR anymore. Go through the section titled "Voluntarily giving up..." in this document - https://www.canada.ca/en/immigratio...-immigrants/pr-card/understand-pr-status.html

Getting an H&C application is unlikely (though not impossible), but even if you get it, you'll still have to maintain your RO - which you say you're unable to do.

 

[canuck78]

There is also the option to try entering via the US. You will need to try and enter without being reported. You must answer questions correctly and your PR status should show up but sometimes it doesn’t.

 

[Bs65]

Just to add that traveling to Canada from the US as a PR without a valid PR card or PRTD should only work via a land border not flying in.

With a few visits planned the odds of retaining your PR status by time comes to do an MSc in Canada seem slim given the report/ revoke process could be initiated at any new entry.

Most people here would probably suggest to only voluntarily renounce PR status if there is no other option but guess will be a fine balance of enrolling for an MSc assuming will still be a PR or renouncing upfront and accepting the study permit route to avoid last minute issues when arriving for the Msc..

The renounce process is pretty straight forward and processing is pretty swift if that is your decision

https://www.canada.ca/en/immigratio...arily-renounce-permanent-resident-status.html

Can be via a paper application or possibly the easiest way is to apply for an ETA get a rejection letter which then gives the option to upload a renounce application through an online MYCIC account.

 

[onequemort]

Thank you.
I don't need ETA with my passport going through land border according to this site: http://www.cic.gc.ca/english/visit/visas.asp
So it's sure that I will be allowed to enter with passport or with expired PR card traveling by car. The question is if I will be reported. What happens in the case of being reported? As I understand you believe that in my case being removed as a minor doesn't give too much chance for H&C. Does this procedure lower my chances for a study permit in the future?

 

[21Goose]

Thank you.
I don't need ETA with my passport going through land border according to this site: http://www.cic.gc.ca/english/visit/visas.asp
So it's sure that I will be allowed to enter with passport or with expired PR card traveling by car. The question is if I will be reported. What happens in the case of being reported? As I understand you believe that in my case being removed as a minor doesn't give too much chance for H&C. Does this procedure lower my chances for a study permit in the future?

Yes, you don't need an ETA if you are driving in.

Yes, you will definitely be allowed in with your passport and expired PR card. The law is explicit on that - PRs will always be allowed in if they reach the border (unless they are inadmissible for something else, serious criminality etc. But they can't be stopped just for not meeting RO).

However, the CBSA officer will know that you haven't met your RO, and will ask you why you haven't. The officer may be satisfied with your answers and let you in without reporting you - then you'll have to stay in for 2 years to meet RO.

If, as is likely, the officer isn't satisfied with your answers, he will write a A44(1) report which begins the process of revoking your PR. He will still let you in to Canada, but any days you spend in Canada will not count towards the RO. The report is then sent to IRCC, and a more senior officer will either disagree with it (very unlikely), or issue you a departure order with an opportunity to appeal.

You can either choose not to appeal and simply leave the country within 30 days (or whatever date is specified on the departure order), or you can appeal. If you appeal and win, you remain a PR, and start accruing days towards RO from the date of winning the appeal. You'd then have to stay 2 years from that date.

If you lose the appeal, you have to leave as per the terms of the original departure order.

The only chance of not being allowed into Canada is if you are found inadmissible for some other reason (criminality, etc).

As long as you follow the rules and do not overstay, none of this will affect a future application for a TRV too much. It is your right to enter Canada, and you also have a right to appeal. It's only if you do not appeal AND overstay, or appeal, lose AND overstay, that will cause issues in the future.

 

[Copingwithlife]

Since the o/p stated he’s not intending to stay for the two years , it’s all a mute point