Planning to enter Canada with an expired PR card , what to expect?

[Gal334]

Hello ,
My name is Gal and I’m 19 years old.
my PR card expired in 2014 , I lived with my family in Canada for five months back in 2011 and since then I never came back.
I’m planning to enter Canada from the pedestrian border in the Niagara Falls this May and I have some questions to ask:

1. do I need to show my expired PR at the border or my home country passport will be enough?

2. if I entered Canada successfully what documents and Approvals do I need in order to work and renew my OHiP and a new driver license?

I have to mention that I have a strong H&C case :
My grandfather passed away when we lived in Canada and we had to come back and also I was diagnosed with cancer a couple of months later and had to stay with my family for recovery and surgery’s till 2015 . And the main reason is that I was a minor back then and was under my parents responsibility.

Thank you

 

[Ponga]

Hello ,
My name is Gal and I’m 19 years old.
my PR card expired in 2014 , I lived with my family in Canada for five months back in 2011 and since then I never came back.
I’m planning to enter Canada from the pedestrian border in the Niagara Falls this May and I have some questions to ask:

1. do I need to show my expired PR at the border or my home country passport will be enough?

2. if I entered Canada successfully what documents and Approvals do I need in order to work and renew my OHiP and a new driver license?

I have to mention that I have a strong H&C case :
My grandfather passed away when we lived in Canada and we had to come back and also I was diagnosed with cancer a couple of months later and had to stay with my family for recovery and surgery’s till 2015 . And the main reason is that I was a minor back then and was under my parents responsibility.

Thank you

You should expect to be admitted to Canada...even if you have clearly not met the Residency Obligation (R.O.) A PR cannot be refused entry into Canada, so long as their PR status has not been revoked, or renounced. That doesn't always mean that the PR will not lose their status, however.

1. Your expired PR Card and your valid foreign passport will suffice if entering at a land PoE (which you are).

2. You will likely enter successfully, but the latter part of your sentence will depend on a number of factors and will NOT be a quick process, unfortunately.

You should obviously expect (and be prepared) to be questioned as to why your PR Card has expired.

You should expect to be sent to Secondary inspection where you may be questioned further.

While you may feel that you do have a strong H&C case, it all comes down to the interaction with the CBSA officer. If the CBSA officer issues a 44(1) report, the second officer (acting as a Minister's Delegate) could see that your H&C are compelling enough to `set aside' the report. You would then need to remain in Canada for at least 2 years (730 days minimum) before applying to renew your PR Card, but...I say that with very little optimism. You will only know what happens when you do encounter the CBSA officer.

Good luck.

 

[Besram]

Do you already have a SIN? If not, you will have difficulties obtaining one because a PR card is required:

You must provide 1 of the following documents:

• Permanent Resident card issued by IRCC or CIC
• Confirmation of Permanent Residence (COPR) issued by IRCC
  Note: If the COPR is used within one year of becoming a permanent resident, it is acceptable. After this period, the Permanent Resident Card is required
• Record of Landing issued by CIC before June 28, 2002

https://www.canada.ca/en/employment-social-development/services/sin/apply.html

Without a SIN, you will not be able to work legally.

 

[Ponga]

Do you already have a SIN? If not, you will have difficulties obtaining one because a PR card is required:

You must provide 1 of the following documents:

• Permanent Resident card issued by IRCC or CIC
• Confirmation of Permanent Residence (COPR) issued by IRCC
  Note: If the COPR is used within one year of becoming a permanent resident, it is acceptable. After this period, the Permanent Resident Card is required
• Record of Landing issued by CIC before June 28, 2002

https://www.canada.ca/en/employment-social-development/services/sin/apply.html

Without a SIN, you will not be able to work legally.

Good point. Based on the fact that the OP was a minor when obtaining PR status (and leaving after 5 months), I would doubt that they have a SIN.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5218-request-amend-record-landing-confirmation-permanent-residence-valid-temporary-resident-documents.html

Permanent resident documents

Your record of landing (IMM 1000) or confirmation of permanent residence is an historical document which contains information about you when you obtained the status of permanent resident in Canada.
---

This sounds very confusing, since IRCC seems to indicate that they are one in the same, but they are not. So, if the COPR is only accepted if issued within one year of becoming a PR, does that mean the same for an IMM 1000? Who knows!

 

[Besram]

Good point. Based on the fact that the OP was a minor when obtaining PR status (and leaving after 5 months), I would doubt that they have a SIN.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5218-request-amend-record-landing-confirmation-permanent-residence-valid-temporary-resident-documents.html

Permanent resident documents

Your record of landing (IMM 1000) or confirmation of permanent residence is an historical document which contains information about you when you obtained the status of permanent resident in Canada.
---

This sounds very confusing, since IRCC seems to indicate that they are one in the same, but they are not. So, if the COPR is only accepted if issued within one year of becoming a PR, does that mean the same for an IMM 1000? Who knows!

The Record of Landing is only accepted for SIN application purposes if issued before June 28, 2002. I don't think this applies to OP as they landed in 2011.
OP will need a PR card to get a SIN.

 

[armoured]

While you may feel that you do have a strong H&C case, it all comes down to the interaction with the CBSA officer. If the CBSA officer issues a 44(1) report, the second officer (acting as a Minister's Delegate) could see that your H&C are compelling enough to `set aside' the report. You would then need to remain in Canada for at least 2 years (730 days minimum) before applying to renew your PR Card, but...I say that with very little optimism. You will only know what happens when you do encounter the CBSA officer.

I don't know that this is the case in these specific circumstances. I would say, the OP should enter and then share results here and be ready to speak to a lawyer and/or get other kind of assistance.

I also note on the SIN matter: I feel / believe strongly that it is not lawful for government to deny a SIN to someone who is in Canada legally. (A separate matter to parse the meaning of 'not legal to work with out a SIN' - but again, separate). But it may indeed be difficult to get one.

 

[armoured]

Hello ,
My name is Gal and I’m 19 years old.
my PR card expired in 2014 , I lived with my family in Canada for five months back in 2011 and since then I never came back.
I’m planning to enter Canada from the pedestrian border in the Niagara Falls this May and I have some questions to ask:

Have you considered applying for a PRTD? If you are confident in your H&C circumstances, you in some respects would have an easier time returning to Canada if you were to be issued a PRTD (with the RC-1 "H&C" coding).

As an example, you could apply for a PR card upon arrival with little concern that it would cause issues, and a PR card would facilitate matters such as getting a SIN, health insurance, etc.

The downside is that if it were to be denied, you would have difficulty appealing and be outside Canada while it is being appealed. And the timeframe may not fit your plans to return in fall.

 

[Ponga]

I don't know that this is the case in these specific circumstances. I would say, the OP should enter and then share results here and be ready to speak to a lawyer and/or get other kind of assistance.

I also note on the SIN matter: I feel / believe strongly that it is not lawful for government to deny a SIN to someone who is in Canada legally. (A separate matter to parse the meaning of 'not legal to work with out a SIN' - but again, separate). But it may indeed be difficult to get one.

Concur 100%

 

[Naturgrl]

Looking at past posts, OP also had an approved PRTD back in 2021 to return to Canada. Plan was to start university.

 

[Ponga]

The Record of Landing is only accepted for SIN application purposes if issued before June 28, 2002. I don't think this applies to OP as they landed in 2011.
OP will need a PR card to get a SIN.

Agreed. Just pointing out that the one year validity issue doesn't seem to apply to an IMM 1000.

 

[Ponga]

Looking at past posts, OP also had an approved PRTD back in 2021 to return to Canada. Plan was to start university.

Interesting. Perhaps the same H&C grounds may no longer be helpful, unless something more has happened to the OP since the PRTD approval.

 

[armoured]

Looking at past posts, OP also had an approved PRTD back in 2021 to return to Canada. Plan was to start university.

That may indeed complicate things....

 

[YVR123]

Looking at past posts, OP also had an approved PRTD back in 2021 to return to Canada. Plan was to start university.

If he was approved of a PRTD in 2021 and didn't travel back, he will need NEW H&C reason to justify his absence from 2021 to 2023.
Why didn't he travel back after he got his PRTD? Well no one knows until he crosses the border. And if he dosn't have a valid SIN, that will be an issue.

Not sure what kind of ID he have for OHIP and if he has a valid drivers license in US to exchange for one in Ontario. Since he is traveling through the US land border, there is a chance that he was living in US currently. (If he had US visa to enter back in 2021, he wouldn't need to apply for the PRTD back then. )

 

[Gal334]

hey there, thank you for the reply
I must notify that I already have a SIN number and a SIN card . Can it be helpful for me?

 

[armoured]

hey there, thank you for the reply
I must notify that I already have a SIN number and a SIN card . Can it be helpful for me?

It will allow you to work, so yes, helpful once you are in Canada. Won't help you at the border though.