PR Expired - Outside of Canada!

[Canada Returner]

Hello,

me and my family PRs have expired last year and we are outside Canad. We stayed in Canada for few months over the 5 years.

I was informed by different people that we can return by car via American boarders if we still have the confirmation of permanent residence. Is this true or we still might be questioned about the residency requirement?
I have a Canadian kid. Will he help in such cases?
And is is OK to travel by an American rented car?

Thanks for your help!

 

[Leon]

Re: PR Expired - Outside of Canad!

You can return through the US border with your COPR but that still doesn't mean you will not be asked about the residency requirements. Having a Canadian kid doesn't help.

 

[Canada Returner]

Thanks Leon

When you say I will. Does this mean they might report me or they can prevent me from entering the Canada?

What about the car if it is rented and not owned - since I am not living in USA and will be only coming though it.

Appreciate your help!

 

[Leon]

When you say I will. Does this mean they might report me or they can prevent me from entering the Canada?

What about the car if it is rented and not owned - since I am not living in USA and will be only coming though it.

They will not prevent you from entering Canada but they can report you. If they report you, you would have to appeal for your PR. Winning or losing the appeal depends on your reasons for not meeting the RO but you would get to stay in Canada while you wait for the appeal to get processed. It can take 1-2 years.

If they don't report you, just allow you to enter, you can put your PR status back in good standing if you stay for a full 2 years and stay out of the radar of immigration.

There shouldn't be a problem with the rental car. You can even get a rental car on Canadian plates if you rent it close to the border.

 

[Canada Returner]

Sounds good, at least I can enter the county and stay. But am I allowed to get all the PR benefits (health - kids schooling) while the appeal is being processed? And if the appeal is rejected eventually, will we be asked to leave the country even if we stay for 2 years before the decision is made?

Another question please :-[
If I have now a passport the allows me to enter Canada without a visa. It is different from the nationality I landed with. Can I use it to come back to Canada without a trouble at the boarders and then wait for two years to renew my PR
or there will be a conflict between the two nationalities at the boarders?

Greatly appreciate your patience and time!

 

[Msafiri]

1. Health Coverage is dependent on what Province you will settle in. Some such as Ontario have a 3 month waiting period so you better apply as early as possible. You will need both proof of PR status and residence in the province. Google is your friend search for the relevant provincial health ministry. Note that some provincial organizations e.g BC for their DLs, private businesses, employers, membership bodies etc will insist on a valid PR Card as proof of status. The PR Card is a status proof for travel reasons but via function creep has become the benchmark proof of PR Status - its your decision whether to fight these people or live without the service they offer.

2. With schools - contact the school board for where you will reside they will tell you the requirements.

3. Re-entry. The examination at any Port Of Entry be it land or air should follow a common format though some major airports have an automated gate system that PRs and citizens can use. This expedites your travel through immigration but there is still a CBSA agent after the gates checking your PR Card and Passport (after all the gates don't really know its you..it could be your buddy from high school eh!) - he/she can still send you to Secondary Inspection where they have all the time to dig into your situation. This is where any reporting issues will arise.

4. Its obvious that CIC/ CBSA as all other immigration/ border control authorities do will visit immigration forums to identify loopholes etc. That is why its unwise to use your real name or any other closely identifying character here. Detailing your country of citizenship especially when its one that likely has a low numbers travel flow through border control means that if CIC/CBSA are on the boards they have an idea of who/what national passport holding travellers to look for...just my 0.02 cents!

5. CIC don't care what passport you use they just want to know your status so they can admit you or bounce you on the basis of the status and what its requirements are. For PRs its not an issue but anectodal evidence indicates visitor visa exempt passport holders appear to have less issues passing through as CBSA may or may not assume they are visitors or even if they know they are PRs just deal with them as visitors...all depends on which CBSA agent you get on the day...for each person getting a pass on the residence breach is another getting a report and heading to the courts!

 

[Leon]

Sounds good, at least I can enter the county and stay. But am I allowed to get all the PR benefits (health - kids schooling) while the appeal is being processed? And if the appeal is rejected eventually, will we be asked to leave the country even if we stay for 2 years before the decision is made?

Another question please :-[
If I have now a passport the allows me to enter Canada without a visa. It is different from the nationality I landed with. Can I use it to come back to Canada without a trouble at the boarders and then wait for two years to renew my PR
or there will be a conflict between the two nationalities at the boarders?

If you get reported and appeal, your days in Canada waiting for the appeal will only count towards the residency requirements if you win so even if your appeal takes 2 years to process, you will not have met the RO and you will still be asked to leave if you lose.

While you are under appeal, you may request to renew your PR card but you will only get one that is valid for one year. You will have all the rights and benefits of a PR while you wait for your appeal.

If you don't get reported and plan to try to stay unnoticed for 2 years in order to meet the RO again, you will be a PR in Canada without a PR card. You can't apply to renew it because you don't meet the RO. Like Msafiri explained, this can cause you problems in your daily life. In most cases, it should be enough to show your COPR and expired card but it's been on the increase that people are asked for a valid PR card for various services. You may find that you have a problem getting a drivers license and some employers may not want to hire you etc.

As for arriving on a visa exempt passport and not mentioning that you are a PR, it might work.