Short on RO obligation but urgent need to travel

[Ali1138]

Hello Everyone,

I am a PR, currently working in Canada, I am short on meeting residency obligation by 140 days. I understand that the best possible scenario for me to renew my PR card is to be in compliance and apply for renewal. However, due to urgent health issue of parent I am compelled to think of travelling. I have a B1/B2 visa of USA. What are my options in case if I need to undertake a short trip of 30 days and if I try to cross border via USA in a private vehicle. Thanks for all your response.

 

[scylla]

Hello Everyone,

I am a PR, currently working in Canada, I am short on meeting residency obligation by 140 days. I understand that the best possible scenario for me to renew my PR card is to be in compliance and apply for renewal. However, due to urgent health issue of parent I am compelled to think of travelling. I have a B1/B2 visa of USA. What are my options in case if I need to undertake a short trip of 30 days and if I try to cross border via USA in a private vehicle. Thanks for all your response.

Is your PR card no longer valid?

To answer your question, you would simply re-enter Canada through the land border and hope you are not reported for failing to meet the residency requirement. If you are not reported, then you are good and simply need to wait until you meet RO before you apply to renew your PR card. If you are reported, then you'll need to appear at a hearing to argue why you should be allowed to keep your PR status.

So you would basically just travel and hope for the best.

 

[Ali1138]

Is your PR card no longer valid?

To answer your question, you would simply re-enter Canada through the land border and hope you are not reported for failing to meet the residency requirement. If you are not reported, then you are good and simply need to wait until you meet RO before you apply to renew your PR card. If you are reported, then you'll need to appear at a hearing to argue why you should be allowed to keep your PR status.

So you would basically just travel and hope for the best.

Thankyou for the response. Yes my PR card is expired. I will be eligible for renewal of PR card in September but i need to travel.

I have not been to USA aswell but I have the B1/B2 visa. Will it be advisable if I take exit from Canadian land border while I travel out of Canada just to make sure i have a valid entry in USA as my return plan is solely based on that?

 

[canuck78]

Thankyou for the response. Yes my PR card is expired. I will be eligible for renewal of PR card in September but i need to travel.

I have not been to USA aswell but I have the B1/B2 visa. Will it be advisable if I take exit from Canadian land border while I travel out of Canada just to make sure i have a valid entry in USA as my return plan is solely based on that?

If your PR card is not valid there are much better chances of being reported.

 

[scylla]

Thankyou for the response. Yes my PR card is expired. I will be eligible for renewal of PR card in September but i need to travel.

I have not been to USA aswell but I have the B1/B2 visa. Will it be advisable if I take exit from Canadian land border while I travel out of Canada just to make sure i have a valid entry in USA as my return plan is solely based on that?

Sorry, I don't know the answer to that question.

 

[canuck78]

Thankyou for the response. Yes my PR card is expired. I will be eligible for renewal of PR card in September but i need to travel.

I have not been to USA aswell but I have the B1/B2 visa. Will it be advisable if I take exit from Canadian land border while I travel out of Canada just to make sure i have a valid entry in USA as my return plan is solely based on that?

No need to travel from the US if you want to fly to the US when you return.

 

[Ali1138]

If your PR card is not valid there are much better chances of being reported.

Okay so if somehow I manage to wait until 730 days are completed and then I can travel out of Canada is that correct withless chance of being reported when I travel back via road border?
Or is it better if I apply for renewal of PR card before leaving Canada as soon as Iam in compliance of RO?
Or is it more advisable for applying PRTD at my country of origin once I meet RO?

 

[canuck78]

Okay so if somehow I manage to wait until 730 days are completed and then I can travel out of Canada is that correct withless chance of being reported when I travel back via road border?
Or is it better if I apply for renewal of PR card before leaving Canada as soon as Iam in compliance of RO?
Or is it more advisable for applying PRTD at my country of origin once I meet RO?

Once you met the 730 days and you can meet the 730 days within the last 5 years during your time abroad you will remain compliant with your RO you are fine. Given that you aren’t compliant with your RO you shouldn’t apply early for your PR card renewal. You have the option to apply for a PRTD based on H&C but there are no guarantees. Would suggest trying to enter via US land border with proof of your H&C circumstances over applying for PRTD based on H&C from your home country.

 

[Ali1138]

Once you met the 730 days and you can meet the 730 days within the last 5 years during your time abroad you will remain compliant with your RO you are fine. Given that you aren’t compliant with your RO you shouldn’t apply early for your PR card renewal. You have the option to apply for a PRTD based on H&C but there are no guarantees. Would suggest trying to enter via US land border with proof of your H&C circumstances over applying for PRTD based on H&C from your home country.

Great, thanks for the response. I got some much needed clarity on this.

 

[jakklondon]

Thankyou for the response. Yes my PR card is expired. I will be eligible for renewal of PR card in September but i need to travel.

I have not been to USA aswell but I have the B1/B2 visa. Will it be advisable if I take exit from Canadian land border while I travel out of Canada just to make sure i have a valid entry in USA as my return plan is solely based on that?

It doesn't matter where and how you exit Canada or enter US. There is new program in place, US and Canada both report to each other when and how you entered their borders, so they will know about your movements anyway. Don't worry about it. Your main concern is breach of RO. I think if you have evidence (not just your words, but something documented, that can be verified independently) that shows there is urgency to travel and see your parents, then you will either get a pass at the POE, or IAD will grant your appeal on H&C grounds.

 

[Ali1138]

It doesn't matter where and how you exit Canada or enter US. There is new program in place, US and Canada both report to each other when and how you entered their borders, so they will know about your movements anyway. Don't worry about it. Your main concern is breach of RO. I think if you have evidence (not just your words, but something documented, that can be verified independently) that shows there is urgency to travel and see your parents, then you will either get a pass at the POE, or IAD will grant your appeal on H&C grounds.

Thankyou for the reply. Yes, I'am documenting all their medical records since last year. Should I have their medical records verified and notarized before I travel just to show some form of independent vetting?

 

[jakklondon]

Thankyou for the reply. Yes, I'am documenting all their medical records since last year. Should I have their medical records verified and notarized before I travel just to show some form of independent vetting?

I don't know if that would be necessary.

 

[canuck78]

It doesn't matter where and how you exit Canada or enter US. There is new program in place, US and Canada both report to each other when and how you entered their borders, so they will know about your movements anyway. Don't worry about it. Your main concern is breach of RO. I think if you have evidence (not just your words, but something documented, that can be verified independently) that shows there is urgency to travel and see your parents, then you will either get a pass at the POE, or IAD will grant your appeal on H&C grounds.

Appeal approval is not guaranteed so I would never say so.