Travelling to States via land with expired PR - URGENT

[kinnyk]

Hello I wonder if someone could give some urgent advice, with have lived in Canada for 6 years now as PR (from UK originally), our cards expired earlier this year and we applied for renewal, it has been well over 70 days now and i have called the number on the website and they cannot guarantee our cards will be returned within the next 3 weeks, we are due to travel by car to the states in 3 weeks for a family function:

Will we be able to enter the states?
Will we get back into Canada?

We have copies of the renewel application, PR cards and our original landing papers, we are crossing at Sarnia, Ontario if this helps.

Any help would be greatly appreciated.

 

[steaky]

You can use your UK passport (and landing paper) to enter US and return to Canada.

 

[kinnyk]

Thanks for your speedy response

 

[Leon]

You shouldn't have a problem crossing by land. Just tell them the truth, you have applied and your PR card didn't arrive in time.

 

[computergeek]

ENF 4 actually discusses this in detail - all the border officer needs to do is establish that you are a PR of Canada. While a PR card is prima facie evidence of that, it's not the only way to establish residence.

11.2. Verifying permanent resident status

The permanent resident card is the only valid proof of permanent resident status in Canada. The
following documents are satisfactory indicators of permanent residence:
• the original Record of Landing:

• a certified true copy of a Record of Landing document issued by CIC National Headquarters;

• a letter issued by CIC National Headquarters verifying permanent residence;

• a passport duly stamped showing the date on which permanent residence was granted, if the
person was granted permanent resident status before 1973; and

• a Confirmation of Permanent Residence document [IMM 5292B].

11.3. Establishing permanent resident status without documents

BSOs at ports of entry have the discretion to authorize the entry of permanent residents, even in
the absence of documentation. If documentary evidence is not available, the BSO at Immigration
Secondary must establish the person’s permanent resident status through questioning and checking
the person’s status in FOSS. The status of persons who became permanent residents before 1973 has
to be verified by contacting the Query Response Centre at National Headquarters at: QRC@cic.gc.ca.

Once a BSO is satisfied that a person is a permanent resident, the examination should be concluded
and the person should be allowed to enter Canada without delay.

So while the PR card is the preferred way to establish PR, if they can find you in the computer, you shouldn't have a problem. A border officer MIGHT send you for secondary inspection, but even that isn't terribly likely.

Note that even with an unexpired PR card, you may still be subject to examination if the border officer believes you are not in compliance with the residency obligation (clearly not an issue here, but just for the record.)

 

[kinnyk]

Thank you both for the information ;D

 

[shahryar]

By renewing PR how long should stay in Canada to be Citizen?

Hello
I have landed 5 years ago and my PR is going to be expired by next month.I have been in Canada around 2 years ( around 20 months)and need to renew it after 2-3 months.
I have a question: If I renew my PR then I have to stay in canada for one year to get my Citizenship or I have to rstart again and stay for next 3 years in canada to be able to apply for citizenship?
I read in one of the mails that some one have been in such case and they let him to stay in Canda and fill next 3 years again.What is the rule says on these cases?
If this is right then what is the best option?
1-Stay in Canada without a valid PR untill 3 years in Canada without any overseas trip?
2-Renew PR and try to find a way to epil and get the citizenship after one more year?
3-Renew PR and stay for extra 3 years again?
Please advise me.
Thanks

 

[computergeek]

Re: By renewing PR how long should stay in Canada to be Citizen?

Hello
I have landed 5 years ago and my PR is going to be expired by next month.I have been in Canada around 2 years ( around 20 months)and need to renew it after 2-3 months.
I have a question: If I renew my PR then I have to stay in canada for one year to get my Citizenship or I have to rstart again and stay for next 3 years in canada to be able to apply for citizenship?
I read in one of the mails that some one have been in such case and they let him to stay in Canda and fill next 3 years again.What is the rule says on these cases?
If this is right then what is the best option?
1-Stay in Canada without a valid PR untill 3 years in Canada without any overseas trip?
2-Renew PR and try to find a way to epil and get the citizenship after one more year?
3-Renew PR and stay for extra 3 years again?
Please advise me.
Thanks

The expiration date of your PR card is not material as long as you are inside Canada - you remain a permanent resident of Canada, even if your PR card has expired. However, if you apply with fewer than 730 days residency in the previous five years (24 months out of the previous 60) then you are VERY likely to receive an RQ and as a result eventually a removal order for a failure to meet the PR residency requirement. The general advice here is to wait until you have sufficient residency and then apply to renew your PR card. This does mean you won't be able to leave Canada until that time. Once you have more than 730 days (and probably better to wait until you have more like 800 so you don't even get an RQ) you can apply for a new PR card - because the only thing that matters is how much time you've spent in the past five years.

For citizenship, you must accumulate at least 1095 days in the previous 4 years to qualify for Citizenship (as a general rule - there are specific exceptions listed in the regulations.) But that has nothing to do with your PR card - you could stay in country for the next 20 months without a valid PR card and then apply for citizenship, or you could stay in country for the next 4-6 months, apply for a new PR card and then go on vacation for a month out of Canada and then come back without any problems. Once you have the relevant number of days (1095 in the past 4 years) you can apply for Citizenship.

Your PR does not "expire" - only the PR card expires. You remain a permanent resident of Canada until such time as you become a Citizen or your PR status is revoked.