PR requirements or asylum?

[kelped]

Hello,

I don't know where to post this question.

I have not been in the country for the last 5 years. My PR card is expired. Though I am still PR because I did not voluntarily renounce and did never apply for PRTD.
I was coerced (threats about child) by family abroad, and am currently persecuted.
What would be my best course of action?

Re-enter Canada ("illegally") and lay low for 730 days at least in order to fulfill the PR requirements again?
Do the PRTD, be denied and no longer PR, come back and claim asylum?

In the latter case, how does CIC look at previous PR not having respected PR country presence days coming back to claim asylum from persecution?

Hope someone may provide some guidance?

 

[Naturgrl]

Hello,

I don't know where to post this question.

I have not been in the country for the last 5 years. My PR card is expired. Though I am still PR because I did not voluntarily renounce and did never apply for PRTD.
I was coerced (threats about child) by family abroad, and am currently persecuted.
What would be my best course of action?

Re-enter Canada ("illegally") and lay low for 730 days at least in order to fulfill the PR requirements again?
Do the PRTD, be denied and no longer PR, come back and claim asylum?

In the latter case, how does CIC look at previous PR not having respected PR country presence days coming back to claim asylum from persecution?

Hope someone may provide some guidance?

How old are you? PRTD is more difficult if you are in your 20s.

You can enter through a land border if you have a US visa. You may be reported for not meeting PR but you can enter. If you do that you will have to stay in Canada until you can renew PR. Do you have a SIN number? You will not have access to healthcare. You are not entering illegally.

 

[Copingwithlife]

Hello,

I don't know where to post this question.

I have not been in the country for the last 5 years. My PR card is expired. Though I am still PR because I did not voluntarily renounce and did never apply for PRTD.
I was coerced (threats about child) by family abroad, and am currently persecuted.
What would be my best course of action?

Re-enter Canada ("illegally") and lay low for 730 days at least in order to fulfill the PR requirements again?
Do the PRTD, be denied and no longer PR, come back and claim asylum?

In the latter case, how does CIC look at previous PR not having respected PR country presence days coming back to claim asylum from persecution?

Hope someone may provide some guidance?

Exactly

How old are you ?
Automatically bringing up asylum, at this stage , is ridiculous and frivolous to say the least

 

[YVR123]

Hello,

I don't know where to post this question.

I have not been in the country for the last 5 years. My PR card is expired. Though I am still PR because I did not voluntarily renounce and did never apply for PRTD.
I was coerced (threats about child) by family abroad, and am currently persecuted.
What would be my best course of action?

Re-enter Canada ("illegally") and lay low for 730 days at least in order to fulfill the PR requirements again?
Do the PRTD, be denied and no longer PR, come back and claim asylum?

In the latter case, how does CIC look at previous PR not having respected PR country presence days coming back to claim asylum from persecution?

Hope someone may provide some guidance?

How do you want to re-enter Canada illegally??? Is that even possible? If you did, you will have a HARD time to proof your RO days inside Canada since you will not have a day that you can proof of crossing the border.

 

[kelped]

How old are you? PRTD is more difficult if you are in your 20s.

You can enter through a land border if you have a US visa. You may be reported for not meeting PR but you can enter. If you do that you will have to stay in Canada until you can renew PR. Do you have a SIN number? You will not have access to healthcare. You are not entering illegally.

Am well into 40ies, and have a SIN number. I should be able to get a US tourist visa.
Staying in CA for the 730+ days to re-fulfill the PR requirements will not be a problem, as long as CA will accept for me to come and stay in the country for that time.

Do I understand correctly that at a US-CA land border I can cross into Canada without PR card or eTA and not having been in CA for a single day in the last 5 years without PR being revoked?

 

[scylla]

Am well into 40ies, and have a SIN number. I should be able to get a US tourist visa.
Staying in CA for the 730+ days to re-fulfill the PR requirements will not be a problem, as long as CA will accept for me to come and stay in the country for that time.

Do I understand correctly that at a US-CA land border I can cross into Canada without PR card or eTA and not having been in CA for a single day in the last 5 years without PR being revoked?

You do not qualify for an eTA. You would first need to renounce your PR status officially to qualify for an eTA

You can enter Canada through the land border without meeting the residency requirement. You will be allowed into Canada. However there is also a chance that CBSA may report you for failing to meet the residency obligation. If you are not reported, then you would simply remain in Canada without leaving until you meet the residency obligation and then apply to renew your PR card. If on the other hand you are reported, this will trigger a process to revoke your PR status and you will need to present an H&C appeal to try to argue why you should be allowed to keep PR.

 

[kelped]

You do not qualify for an eTA. You would first need to renounce your PR status officially to qualify for an eTA

You can enter Canada through the land border without meeting the residency requirement. You will be allowed into Canada. However there is also a chance that CBSA may report you for failing to meet the residency obligation. If you are not reported, then you would simply remain in Canada without leaving until you meet the residency obligation and then apply to renew your PR card. If on the other hand you are reported, this will trigger a process to revoke your PR status and you will need to present an H&C appeal to try to argue why you should be allowed to keep PR.

So, how would this work in practise? What do I bring to the border? Or do I cross at an "unmanned" (unofficial) border point? And what are the best chances of not getting reported (what to say and do to reduce chances of being reported)?

 

[scylla]

So, how would this work in practise? What do I bring to the border? Or do I cross at an "unmanned" (unofficial) border point? And what are the best chances of not getting reported (what to say and do to reduce chances of being reported)?

You would certainly want to cross at a regular border crossing so that your entry is officially recorded and there are no challenges / questions later regarding when you entered. Generally speaking you want to make sure you answer all questions truthfully. Bring evidence of whatever H&C consideration you plan to claim but don't show that evidence unless asked. There's also an element of luck / chance on whether you are reported.

Assuming you are able to enter without being reported, you should also assume you won't be able to benefit from provincial health care coverage until you successfully renew your PR card. So make sure you purchase private insurance to cover emergencies.

 

[kelped]

So the PR card is required for getting a provincial health card nowadays?

What other "basic" services require a PR card? Like rental contract, opening a bank account, getting a cell and/or internet contract, public transport, getting a driver's license, etc.

 

[scylla]

So the PR card is required for getting a provincial health card nowadays?

What other "basic" services require a PR card? Like rental contract, opening a bank account, getting a cell and/or internet contract, public transport, getting a driver's license, etc.

Generally speaking, you need either a valid PR card or recent COPR to get health care coverage. Recent COPRs only apply to people who became PRs recently. So in your case there's a decent chance you will need to wait until you have a valid PR card.

Rental contracts, opening a bank account, getting a cell does not require a PR card. Obviously public transportation doesn't since tourists use public transit. Getting a driver's license does in several provinces so that could be another restrictions you face.