Returning Resident or Visitor?? who I am?

[Canada_soon2014]

Hi All,

As you aware from my previous posts:-

1- My wife and I have VALID Canadian PR (but RO breached), also have a non PR child, We all have non-visa exempt passport
2- I have job offer letter from a good company in Canada

We are planning to return to Canada soon forever.

I have options either to go USA first than enter via land to Canada .. or fly directly to Canada...flying directly to Canada is alot cheaper as I dont have to go to USA, and hire rent a car than drive from usa to canada....but I can do it if it can really make a difference.....any suggestions would be greatly appreciated?


When the IO officer ask about my purpose of visit...

shall I say I am a returning resident...I have a job offer letter from Canada reputable company...health record of my pre-mature child and parents medical death certificate...enough evidences to show I was going though alot....in order to beg IO mercy and win a H&C ground

OR ...shall I keep things SIMPLE and just state I am a visitor, visiting family..... in case I am sent for secondary review than I tell my whole story???


Guys please Help..what to do??

 

[keesio]

You and your wife are PRs. If CBSA asks about your residency status, you must disclose that you both are residents. Depending on who you get and how long you are in breach, your breach may be reported to IRCC or they will just take it easy on you and let you in without any issue (no one knows the odds). Is your PR card expired?

If you try to keep it "simple" by lying that you are just a visitor and then get sent to secondary, you will make it much worse because they will hammer you for catching you in a lie. They will more likely deal with you harshly than if you were honest upfront.

 

[Canada_soon2014]

Yes PR is valid..but not complaint with RO

So what should I do?
This first question they going to ask will be the purpose of visit

So either I have to visit or returning PR??

Please advise

 

[canuck_in_uk]

Yes PR is valid..but not complaint with RO

So what should I do?
This first question they going to ask will be the purpose of visit

So either I have to visit or returning PR??

Please advise

You need to tell the truth.

 

[Canada_soon2014]

ok thanks

Is there any advantage for using Land broder via USA?

For me its much convenient to take a flight to Canada..

 

[Leon]

First you say that you all have non-visa exempt passports? So you need a visa if you want to visit Canada then. If you apply for a visit visa, immigration will surely see that you and your wife are PR's and will not issue your visas. Therefore, you will have to board the flight using your PR cards and when you arrive at immigration, you will have to show your PR cards or else they will be asking where your visit visa is.

If you meant to say that you all have visa exempt passports, then still, if you have a PR card you should show it because if you don't, you risk that they will see from your passport that you are a PR and will get suspicious that you don't show your card. If they ask if you meet the RO, you will have to admit that you don't. If you have H&C grounds, you should tell them that. If you have proof available, show them that.

It will be up to the immigration officer if they choose to report you for not meeting the RO. If they do, you have to appeal. If they don't, you may stay in Canada and your PR will get back in good standing again after you spend 2 years. However, if you try to sponsor your child before then, you will bring it to the notice of immigration again that you do not meet the RO and you will need your proof of H&C grounds for that.

Some people claim that you might get lenient officers at the land border but it can go both ways. It basically depends on the immigration officer whether he decides to report you.

 

[Canada_soon2014]

Thank you so much Leon.

Sorry just to clarify, we all have visa exempt passports.
Initially when me and my mrs received PR we were on non-visa exempt....so over the time now we have a change in nationality and new visa exempt passports which do not have any Canada first landing stamp etc.

Our PR cards are still valid not expired, We can show but than this will make things awkward that parents are PR and toddler has no PR....and that will make things obvious that we are outside country since long time! ....thats why i was thinking not to show PR, and we all just show passports.

If you suggesting I MUST have to show my PR card, than whats the point of traveling via USA land...we just take a flight to Canada, beacuse IO will cross-check my PR card anyways either land or air port....and will take him few seconds to figure it out that I am in breach of RO!

I cannot think straight, please advise shall we say we are here for a visit? or I tell I am returning as now I have a job offer letter etc and I couldnt come earlier due to my child health?

 

[Leon]

If you have new passport from a different country, it would make it less likely when you arrive that they will realize that you are already PR. Basically it is up to you. If you lie and say you are just visiting and somehow they realize that you are a PR anyway, they will surely mention it. They may ask you for a return ticket as well to prove that you are just visiting. In case they look through your luggage and find your job offer, they will know for sure that you are not visiting and you will be in trouble for lying about it.

If you tell the truth and say that you are a PR, that you have H&C grounds that caused you to be unable to settle sooner and now you are ready to settle and have a job offer, you are putting yourself at the mercy of the immigration officer but at least you are not lying about anything.

 

[Canada_soon2014]

If you have new passport from a different country, it would make it less likely when you arrive that they will realize that you are already PR. Basically it is up to you. If you lie and say you are just visiting and somehow they realize that you are a PR anyway, they will surely mention it. They may ask you for a return ticket as well to prove that you are just visiting. In case they look through your luggage and find your job offer, they will know for sure that you are not visiting and you will be in trouble for lying about it.

Thanks Leon

If I say I am just 'visiting'..and if they come back to me saying NO YOU ARE A PR....I can still say yes but I am just visiting as I need to sort out accommodation and other things before I can go back and bring all our stuff back...so this visit is only for a visit...is that make any sense??

Also in my situation I can cross the border with relatives who can be US or Canadian national.....is that make more convenient for a smooth crossing.....or shall I just take a direct flight to Toronto..if land has no added advantage?

Please advise one more time so we can just close this loop

'

 

[Leon]

Thanks Leon

If I say I am just 'visiting'..and if they come back to me saying NO YOU ARE A PR....I can still say yes but I am just visiting as I need to sort out accommodation and other things before I can go back and bring all our stuff back...so this visit is only for a visit...is that make any sense??

Also in my situation I can cross the border with relatives who can be US or Canadian national.....is that make more convenient for a smooth crossing.....or shall I just take a direct flight to Toronto..if land has no added advantage?

Please advise one more time so we can just close this loop

'

If you say you are just visiting and they say no you are a PR, you can say anything you want but they will still be suspicious in that case why you did not present yourself as a PR and show PR card.

Arriving by land with family or arriving by land on your own or arriving on a plane all depends on getting lucky with your immigration officer. However, if you enter by land in a private car of relatives that looks like your relatives picked you up for a vacation or a road trip, the immigration officer may be quicker to believe that you are coming on vacation.

 

[Canada_soon2014]

Yes I will be with relatives.

So shall I give my PR card along with my passport...than if they ask why your kid has no PR card I will tell I am going to sponsor him.

OR

I give my passport and than wait..if they question my status than I will show I am PR, but visiting only for few days to sort out my accomodation than i will go back to come again for good.

either of the above I say..its going to be the truth

Does it make sense?

 

[Leon]

Yes I will be with relatives.

So shall I give my PR card along with my passport...than if they ask why your kid has no PR card I will tell I am going to sponsor him.

OR

I give my passport and than wait..if they question my status than I will show I am PR, but visiting only for few days to sort out my accomodation than i will go back to come again for good.

either of the above I say..its going to be the truth

Does it make sense?

Like I said earlier, it is up to you what you decide to do. Nobody can make that decision for you. Lying could get you in trouble if you get caught but if you don't get caught, you wouldn't get reported.

 

[keesio]

Agree with Leon. Lying may potentially make it easier to quickly cross through but if you are caught, they are much more likely to punish you. Just like if you would be more willing to forgive someone if they are honest up front about their mistake vs if they tried to lie to you about it and only confess after you catch their lie.