Travelled on expired PR Card

[Sunny2804]

Hello, looking for some advise on my PR Status:
We moved to Canada in 2013 and I lived here for few months. My PR Card expired in 2016, I had applied for PR renewal in 2019 based on H&C and my renewal application is in process since then. Travelled to Canada after 5 years via US in July 2021 for two months to meet family (wife & children all Canadians) and returned back to my home country. Travelled back to Canada in December 2021 again via US and since then been living in Canada. CBSA didn't report me at the border but advised me to meet RO. Now, I have to travel once more to wrap up my business and plan to come back via US again for good but not sure whether I should take the risk of being reported. Also, Is it advisable to withdraw my PR card application and reapply after meeting RO as I don’t want to jeopardize my chances of being employed as I have a job offer for a permanent job. Would be grateful if any one in similar situation can share their experience/recommendations.
Thanks

 

[Tubsmagee]

Hello, looking for some advise on my PR Status:
We moved to Canada in 2013 and I lived here for few months. My PR Card expired in 2016, I had applied for PR renewal in 2019 based on H&C and my renewal application is in process since then. Travelled to Canada after 5 years via US in July 2021 for two months to meet family (wife & children all Canadians) and returned back to my home country. Travelled back to Canada in December 2021 again via US and since then been living in Canada. CBSA didn't report me at the border but advised me to meet RO. Now, I have to travel once more to wrap up my business and plan to come back via US again for good but not sure whether I should take the risk of being reported. Also, Is it advisable to withdraw my PR card application and reapply after meeting RO as I don’t want to jeopardize my chances of being employed as I have a job offer for a permanent job. Would be grateful if any one in similar situation can share their experience/recommendations.
Thanks

I would just note that you have probably been fortunate to not be reported in the past, that you have already been warned about maintaining RO (unknown if recorded in system), and that every time you cross border or engage in certain processes you risk a determination being made.

 

[canuck78]

Hello, looking for some advise on my PR Status:
We moved to Canada in 2013 and I lived here for few months. My PR Card expired in 2016, I had applied for PR renewal in 2019 based on H&C and my renewal application is in process since then. Travelled to Canada after 5 years via US in July 2021 for two months to meet family (wife & children all Canadians) and returned back to my home country. Travelled back to Canada in December 2021 again via US and since then been living in Canada. CBSA didn't report me at the border but advised me to meet RO. Now, I have to travel once more to wrap up my business and plan to come back via US again for good but not sure whether I should take the risk of being reported. Also, Is it advisable to withdraw my PR card application and reapply after meeting RO as I don’t want to jeopardize my chances of being employed as I have a job offer for a permanent job. Would be grateful if any one in similar situation can share their experience/recommendations.
Thanks

Once your PR renewal has been in process for so long even if you withdraw the application IRCC can still keep processing your lack of meeting RO. Without a valid PR card you are likely going to run into problems getting a health card, getting your SIN# changed to active from dormant, etc.

 

[Sunny2804]

Once your PR renewal has been in process for so long even if you withdraw the application IRCC can still keep processing your lack of meeting RO. Without a valid PR card you are likely going to run into problems getting a health card, getting your SIN# changed to active from dormant, etc.

Thanks. My SIN is valid and have also renewed the health card, have cleared the pre-employment checks conducted by my employers. Now, if IRCC decides not to renew my PR card, will I have to leave Canada? Or I will have the option to appeal and continue to work till such time a decision is made?

 

[scylla]

Thanks. My SIN is valid and have also renewed the health card, have cleared the pre-employment checks conducted by my employers. Now, if IRCC decides not to renew my PR card, will I have to leave Canada? Or I will have the option to appeal and continue to work till such time a decision is made?

You'll be able to appeal.

 

[Sunny2804]

I would just note that you have probably been fortunate to not be reported in the past, that you have already been warned about maintaining RO (unknown if recorded in system), and that every time you cross border or engage in certain processes you risk a determination being made.

Yes, Immigiration officers have been kind to me and allowed my family to be reunited. Understand that there are rules and I may not be lucky next time

 

[canuck78]

Thanks. My SIN is valid and have also renewed the health card, have cleared the pre-employment checks conducted by my employers. Now, if IRCC decides not to renew my PR card, will I have to leave Canada? Or I will have the option to appeal and continue to work till such time a decision is made?

If you leave Canada you should be aware that you may lose your medical coverage and have to reapply again. You must meet residency requirements for your province to qualify for healthcare even with a valid card. You seem to have gotten very lucky multiple times and been able to enter Canada many times without meeting RO. Your luck is going to run out. Covid likely helped you enter recently but when CBSA tells you to meet your RO it is usually a warning that you’re going to be reported next time.

 

[Sunny2804]

If you leave Canada you should be aware that you may lose your medical coverage and have to reapply again. You must meet residency requirements for your province to qualify for healthcare even with a valid card. You seem to have gotten very lucky multiple times and been able to enter Canada many times without meeting RO. Your luck is going to run out. Covid likely helped you enter recently but when CBSA tells you to meet your RO it is usually a warning that you’re going to be reported next time.

When I was out of the country I had informed the provincial health authorities following the rules and had reapplied for health card upon my return recently. Yes, I guess been lucky and CBSA been kind but I can’t keep pushing my luck .

 

[armoured]

Now, I have to travel once more to wrap up my business and plan to come back via US again for good but not sure whether I should take the risk of being reported. Also, Is it advisable to withdraw my PR card application and reapply after meeting RO as I don’t want to jeopardize my chances of being employed as I have a job offer for a permanent job.

If you can avoid this trip, it would be far better to avoid the risk of being reported - since as noted you've been treated rather leniently before, multiple times.

You will be let back in but may have to appeal. That would be a rather long process and time of uncertainty.

Since you have a job offer: I would think that you'd have a stronger case of leniency in future if you put off any trips for 6-12 months or more and established a good period of employment and taxpaying and residing with your family in Canada (getting closer to your compliance with the RO).

You also don't say: if you must travel, it will be more credible if the trip is as short as possible. Days or small-number weeks far better than an absence of a couple of months or more.

Up to you of course.

 

[SecularFirst]

If you leave Canada you should be aware that you may lose your medical coverage and have to reapply again. You must meet residency requirements for your province to qualify for healthcare even with a valid card. You seem to have gotten very lucky multiple times and been able to enter Canada many times without meeting RO. Your luck is going to run out. Covid likely helped you enter recently but when CBSA tells you to meet your RO it is usually a warning that you’re going to be reported next time.

How do they enforce this? Especially if the card is valid. Does the hospital and doctors office demand to see your passport? How about if someone returned from US? They dont stamp the entry on Canadian passports or what if someone returned to Ontario from manitoba? Or does ohip have an enforcement agency/officers?

 

[canuck78]

How do they enforce this? Especially if the card is valid. Does the hospital and doctors office demand to see your passport? How about if someone returned from US? They dont stamp the entry on Canadian passports or what if someone returned to Ontario from manitoba? Or does ohip have an enforcement agency/officers?

When they audit OHIP files you can be asked to prove that you meet the residency requirement or you can be charged for the medical care you received. If you have long absences in care and then suddenly access care for example your file can be flagged. Common case like seeking care midway through a pregnancy for example can be flagged.

 

[SecularFirst]

When they audit OHIP files you can be asked to prove that you meet the residency requirement or you can be charged for the medical care you received. If you have long absences in care and then suddenly access care for example your file can be flagged. Common case like seeking care midway through a pregnancy for example can be flagged.

And how can someone prove residency? If a Canadian citizen is working in outside Ontario but have a house in Ontario, pay mortgage and property tax in Ontario, wouldn’t that be enough to prove residency?

 

[canuck78]

And how can someone prove residency? If a Canadian citizen is working in outside Ontario but have a house in Ontario, pay mortgage and property tax in Ontario, wouldn’t that be enough to prove residency?

No you’d have to prove that you were in Canada. Things like use of banking in Canada, appointments in Canada, proof of job in Canada, etc.

 

[SecularFirst]

So if a refugee comes to Canada and have a heart attack or accident in first week, they are fully covered but if Canadian citizen return after 3 years outside and have same heart attack, province is not going to give him medical care? Or they demand to pay bills? What if they are senior and have no income? They are going to garnish the wages or go after persons house/assets etc?

 

[Copingwithlife]

And how can someone prove residency? If a Canadian citizen is working in outside Ontario but have a house in Ontario, pay mortgage and property tax in Ontario, wouldn’t that be enough to prove residency?

People own homes , rent them out ,that don’t live in the country and or province that pay the mortgage and property tax, doesn’t make them a resident