Outside of Canada, PR card expired, 730 days not met

[neuroticdan]

Good evening;

I became a permanent resident of Canada in 2006. My PR card expired in March 2011.

I last left Canada in December 2009 (personal reasons + required treatment) and haven't been back since. I didn't meet the 730 days required.

From what I've read in other posts:
- I could try to enter Canada by car through the US, there I SHOULD be allowed to enter (though the officer could just deny entry)
- If allowed through, I will probably be asked to explain why I was gone for so long
- I may be reported to CIC, in which case I would need to appeal the revocation of the PR within 30 days. If I lose, I need to leave
- I may not be reported, in which case I would have to wait two years (730 days), without leaving Canada, before re-applying -- in that case, renewal should NOT be an issue

Is this correct?

Thanks;

Neuroticdan.

 

[Leon]

One thing that is important is if you are visa exempt to Canada or not.

If you are visa exempt, you could attempt to enter Canada without disclosing that you are a PR. Sometimes that works and sometimes they will see it if they scan your passport but if they don't see it, you can avoid some questions about your status and whether you meet the residency requirements or not.

If you are not visa exempt, your only chance is trying to enter by car from the US and disclosing at the border that you are a PR. If they believe that you are a PR, they must let you in. They could however report you for not meeting the residency requirements. You can tell them about your personal reasons and health problems as ground for being away. They may accept that and let you in without reporting you. If they report you, they will tell you about it and you will still be allowed to enter Canada but you must appeal for your PR status within 30 days.

If they let you in without reporting you, you will be able to stay for 2 years and then apply to renew your PR card as you will meet the residency requirements again. You may however face problems with your daily life in Canada, especially getting set up with health care and drivers license because you do not have a valid PR card.

 

[neuroticdan]

Thanks, Leon;

I am not visa exempt, so I would need to enter by car.

I would think of getting a rental in Seattle maybe and hope to get to Vancouver. Are there any land entry points that are better or "more relaxed" than others?

Regarding daily life: I have a SIN card and an (also expired) Ontario license, you think that would help? I can see province-based healthcare being an issue.

Thanks again;

Neuroticdan

 

[GK]

Remember if you are a PR claiming to live in Canada you can not bring a US licensed rental car into Canada.

 

[neuroticdan]

Of course! Thanks, GK.

I would have to rely on something else, perhaps a Canadian friend who could pick me up. I wouldn't want to get THEM into trouble, though.

 

[Leon]

If you go to a border town, you can almost certainly find a rental car on Canadian plates.

 

[neuroticdan]

Thanks, Leon.

This sure feels like somehow trying to cheat the system -- I think my best bet is to go ahead under two premises: 1- honesty about my situation, 2- expect I may be reported and asked to leave after the appeal.a

 

[Leon]

It's not cheating if you are up front about not meeting the residency requirements if they ask. There are some rules stating that a PR may not drive a US plated car in Canada and some immigration officers might possibly give you a problem for entering in a rental car with US plates while others will make a distinction between a PR who is resident in Canada and a PR who is not.

 

[neuroticdan]

Understood. Thanks!

 

[neuroticdan]

Actually... A few more thoughts:

The few times I entered Canada in the past as a PR (always by plane), I had to fill out the landing card and indicate there the date I left. My guess is the same applies by land, correct? Then there's no way I won't be asked about my residency status... the last time I was there was Dec'09, or about 3.5 years ago.

Can one cross by foot, then take public transportation or be picked up by someone on the Canadian side?

 

[neuroticdan]

Good evening;

I spoke to a couple of Canada immigration lawyers, both advised me against trying to enter Canada by land, as I would be let in but 'surely' summoned to attend a hearing an then asked to leave.

From what I've read here, there's a good chance of getting by at the border entry without being reported, but these lawyers seem to disagree with that.

Any thoughts?

Daniel.

 

[scylla]

Good evening;

I spoke to a couple of Canada immigration lawyers, both advised me against trying to enter Canada by land, as I would be let in but 'surely' summoned to attend a hearing an then asked to leave.

From what I've read here, there's a good chance of getting by at the border entry without being reported, but these lawyers seem to disagree with that.

Any thoughts?

Daniel.

I cross the border often by car (sometimes with non visa exempt friends). My experience has been as follows:

If there are non visa exempt holders in the car, we have always been sent to secondary inspection (this is where you must drive to a building, get out of the car and speak to a person behind a desk who asks a lot more questions than the immigration officer in a both).

I think you can certainly give it a shot. Based on my personal experience, I think you have a very high chance of being reported since you are non visa exempt and don't have a valid PR card.

If you were visa exempt, my answer would be the opposite.

Again, just my personal experience.

 

[neuroticdan]

Thanks, Scylla!

I am not visa exempt, so yes, I would expect questions to be asked... and a report filed.

Have you ever arrived by bus? In that case I imagine they'll ask all passengers to get off and check one by one?

Thanks again...Daniel.

 

[scylla]

Thanks, Scylla!

I am not visa exempt, so yes, I would expect questions to be asked... and a report filed.

Have you ever arrived by bus? In that case I imagine they'll ask all passengers to get off and check one by one?

Thanks again...Daniel.

Yes - I've gone by bus many times.

Yes - the bus pull up to that central building, everyone gets off with their luggage and then everyone passes through immigration one at a time just like you would at the airport. The questions that you usually fill out on the customs form at the airport are instead verbally asked by the immigration officer.

 

[neuroticdan]

Thanks again;

Seems I won't be successful in returning to Canada to stay, only to be asked to leave. I may still give it a shot.

Cheers.