Risk of PR Expiring while in the US

[Spinwmts]

Hi, I am considering traveling to the US for Christmas, returning to Canada around Dec 28th. My PR Card expires on January 24th 2022. While I realize this is a remote possibility my concern is me or someone I am traveling with testing positive for COVID and having to wait south of the border until we are cleared by a doctor to return. If that happened and should I not be able to return until after Jan 24th, what is the chances at I will be refused entry with an expired PR card? As an American we can come to Canada for long periods of time without a visa so I feel like the officer would likely let me cross but I would love to hear if anyone has experience with this?

Thanks!

Stephen.

 

[scylla]

Hi, I am considering traveling to the US for Christmas, returning to Canada around Dec 28th. My PR Card expires on January 24th 2022. While I realize this is a remote possibility my concern is me or someone I am traveling with testing positive for COVID and having to wait south of the border until we are cleared by a doctor to return. If that happened and should I not be able to return until after Jan 24th, what is the chances at I will be refused entry with an expired PR card? As an American we can come to Canada for long periods of time without a visa so I feel like the officer would likely let me cross but I would love to hear if anyone has experience with this?

Thanks!

Stephen.

You won't be refused entry as long as you are traveling through a land border using a private vehicle.

No issues as long as you meet the residency requirement.

 

[Spinwmts]

Hi Scylla, Thanks for the quick reply. Unfortunately, my plans are to fly (most likely crossing in Toronto). Do you think I might run into an issue flying? I definitely meet the residency requirements as I work and live in Canada. But I'm afraid if I get refused entry, it may make my future citizenship application problematic... not to mention I have to be back here for work lol.

 

[scylla]

Hi Scylla, Thanks for the quick reply. Unfortunately, my plans are to fly (most likely crossing in Toronto). Do you think I might run into an issue flying? I definitely meet the residency requirements as I work and live in Canada. But I'm afraid if I get refused entry, it may make my future citizenship application problematic... not to mention I have to be back here for work lol.

If you are flying, then you really need to have either a valid PR card or a valid PR Travel Document in order to be allowed on the flight. The concern won't be being refused entry at the border. The concern will be being refused boarding by the airline.

There is some chance the airline will overlook this since you are a US citizen. But also a risk they will not and will demand either a valid PR card or PRTD in order to allow boarding for you to return back to Canada.

 

[Spinwmts]

Worse case I can fly to a boarder city and cross by land. Most big concern is being refused entry at the border. Well thanks for for the info!

 

[MJSPARV]

Worse case I can fly to a boarder city and cross by land. Most big concern is being refused entry at the border. Well thanks for for the info!

For what it's worth, apparently the airlines can tell you're a PR even if you don't tell them. My friend had that happen to her when she was trying to return from the US and didn't have her PR card. The airline refused her boarding and she'd never told them she was a PR.

 

[Spinwmts]

Thanks for the reply MJ! Does being an American citizen change that requirement at all? Prior to getting my PR I would fly to Canada all the time with just my passport so I wasn't sure the airlines would require the PR card now. I don't recall being asked to show it before but its been a while since I've flown.

 

[JimSharp]

I am not a professional at all so please confirm all of this, but I have been in your situation.

1) I was able to cross at Niagara in a rental car with my ORIGINAL Landing Papers. I also had my (recently) expired PR card - and I printed out the notification that Immigration Canada had received my application and it was being processed. The particular crossing official I got was pleasant and barely looked at my papers. (To be safe I had brought a copy of my application with all supporting docs.) But I assume other's mileage may vary. (And, times being what they are, it's probably worth noting I'm a YT Am-born Male.)

2) What I was told is that you should avoid entering Canada as a visitor if you are intending to retain your PR status. I would guess it is exceptionally rare, but I was told that Canada Immigration has used custom docs that indicate a returning resident is a "visitor" to claim they gave up PR status. Again, this is 2nd hand and I have no idea if it's true or even common. It's probably best, if you can avoid it, not to "pretend" to be a tourist to get on a plane, train, bus, boat - but I also bet many American Canadian residents do it and few have any real issues. I'm just a total 'by the book' guy.

3) You can get returning resident permits if you are out of Canada when your card expires. It is a good idea to bring digital or physical copies of your application with you as they ask for some of the same info (or, better yet, download the returning resident application before you go, and make sure you have the docs they ask for.)

Hope this helps. If you are going to Toronto anyway, flying to Buffalo used to be the easiest thing, but the one hiccup now is rental car agencies have stopped the Pearson drop-off for rental cars. That may change with the opening of the border, but at the moment it seems the only option would be: getting some kind of transpo to a crossing you can walk across, then get a cab or other to a Canada based rental car - or, have someone come from Canada and pick you up.

Again - I'm not a pro - just a long-time Can res who has been through the PR Card dance few times (and am about to get skunked again due to the long turnaround times.) as always YMMV.

 

[Spinwmts]

Hi Jim, Thanks for the info! It was very helpful. Bringing proof of the application received and being processed I think would definitely help.

Thanks again!

 

[JimSharp]

Hi Jim, Thanks for the info! It was very helpful. Bringing proof of the application received and being processed I think would definitely help.

Thanks again!

My pleasure. I would also download the "Returning Resident" application (or whatever they are calling it these days) before you go and make sure you have that info with. With Covid I think getting one of those is more complicated, but it would let you return commercial if you got one.

Technically *I believe* they have to let you in with your original Proof of Landing doc - so take that with you for sure - and guard it with your life - if you cross in private vehicle. But if they want to hassle you they certainly can. I've been landed for 25+ years and gotten stuck state-side once or twice with expired docs. Never had a serious hassle, but I've heard of some who have.

I don't know what the story is crossing in Niagara by foot. I'm sure it's doable, but potentially a long wait to get processed - or barely a nod. I am in a similar situation and it's looking like my application won't be processed by Xmas, which is when I want to head to the states, so I'll be the guy wheeling his luggage through the slush by the falls in Jan 2022 if they don't change the car rental situation.

Good luck.

 

[Spinwmts]

Technically *I believe* they have to let you in with your original Proof of Landing doc - so take that with you for sure - and guard it with your life - if you cross in private vehicle. But if they want to hassle you they certainly can. I've been landed for 25+ years and gotten stuck state-side once or twice with expired docs. Never had a serious hassle, but I've heard of some who have.

That's reassuring. I think I'll I'll give it a shot. Thanks again for the advise!

 

[JimSharp]

That's reassuring. I think I'll I'll give it a shot. Thanks again for the advise!

If you want to be "super-safe" (which I always try to be.)
1) Apply for your returning resident permit (I think it has a new name, but you'll find the application process on-line)
2) If the Returning Resident Permit does not get approved by the time you wish to return to Canada, be prepared to cross via "private" vehicle (friend's car, rental car, your feet) at a land crossing with your original proof of landing document (and I'd bring complete copy of your PR card renewal - either printed out or at least electronic.)

I'm pretty sure (tho I haven't done it in 4 1/2 years) that that still works. Hopefully you get your card in time. Good luck.