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Re-entering Canada by US land border without PR card

sharmausct

Hero Member
Jun 24, 2013
283
10
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As per Canuck suggested there will be no issue given the transaction you refer to there is if you as a PR who has not met their RO try to sponsor someone for PR from scratch then that could be an issue. You do not 'sponsor' your wife or family members to renew their PR cards they are responsible for their RO status not you.
Thanks for your answer. However, my question was not for my application. I know this part that if I meet ro then irrespective of my other family member ro status, my pr will be renewed.

My question is whether my application will create a situation where cra
will open my wife's file and determine that she is not meeting ro in last five years and report her.

Note: my wife is staying with me in canada and she is short of 730 days days by 60 days in last five years and she will only be eligible to apply on may 1
 

Besram

Hero Member
Jun 13, 2019
251
182
Thanks for your answer. However, my question was not for my application. I know this part that if I meet ro then irrespective of my other family member ro status, my pr will be renewed.

My question is whether my application will create a situation where cra
will open my wife's file and determine that she is not meeting ro in last five years and report her.

Note: my wife is staying with me in canada and she is short of 730 days days by 60 days in last five years and she will only be eligible to apply on may 1
No. Your wife is not making an application to IRCC, so they will not investigate her.

Your wife is at a much bigger risk if she decides to travel, as discussed in the other thread you started.
 

BenM89

Newbie
Feb 3, 2020
2
0
Hi there,
I have read through this thread, I wanted to post my situation to see if I might have any problems.

My girlfriend and I have booked at the end of Feb, a trip to Costa Rica (8 days), stopping in New Orleans for a few days before returning to Toronto.

She is a Belgian citizen, but has spent just over 5 years in Canada as a Permanent Resident. She has only returned to Belgium at most 30 days a year to visit family, so she would more than meet the residency requirements. She could also get documents from her work place to support this. She is also taking her Citizenship test this Thursday.

She has re-applied for her PR card as it is expired, it is being processed but we are not sure if it will arrive by the time we leave. I don't believe we could obtain a PR Travel Document in Costa Rica in under 8 days, as it would be shipped to Mexico City (I could be wrong) and they would have her passport during that time.

My questions are;

Coming from a visa exempt country, Belgium, could she return on our normally scheduled flight from New Orleans without much hassle, provided we had the expired PR card and many many supporting documents (tax returns, pay stubs, etc.)?

Could she cross in Buffalo if I were to fly home and drive to pick her up, with such documents?

(The PR card would most likely arrive by then, so I could bring that with me across the border)

Are either of these risky? I don't want her to risk her citizenship after just taking the test, but we have thousands of dollars on this trip and would not be nice to cancel.

Thanks for your help.
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,526
Hi there,
I have read through this thread, I wanted to post my situation to see if I might have any problems.

My girlfriend and I have booked at the end of Feb, a trip to Costa Rica (8 days), stopping in New Orleans for a few days before returning to Toronto.

She is a Belgian citizen, but has spent just over 5 years in Canada as a Permanent Resident. She has only returned to Belgium at most 30 days a year to visit family, so she would more than meet the residency requirements. She could also get documents from her work place to support this. She is also taking her Citizenship test this Thursday.

She has re-applied for her PR card as it is expired, it is being processed but we are not sure if it will arrive by the time we leave. I don't believe we could obtain a PR Travel Document in Costa Rica in under 8 days, as it would be shipped to Mexico City (I could be wrong) and they would have her passport during that time.

My questions are;

Coming from a visa exempt country, Belgium, could she return on our normally scheduled flight from New Orleans without much hassle, provided we had the expired PR card and many many supporting documents (tax returns, pay stubs, etc.)?

Could she cross in Buffalo if I were to fly home and drive to pick her up, with such documents?

(The PR card would most likely arrive by then, so I could bring that with me across the border)

Are either of these risky? I don't want her to risk her citizenship after just taking the test, but we have thousands of dollars on this trip and would not be nice to cancel.

Thanks for your help.
Unless she has her PR card she won’t be able to get onto a flight to Canada. Going to Buffalo will be the only option. Processing times are pretty quick these days so hopefully will get the PR card in time.
 

BenM89

Newbie
Feb 3, 2020
2
0
Would she be able to cross in Buffalo without a COPR document with her? She would have the expired PR as well previously mentioned documents.
 

armoured

VIP Member
Feb 1, 2015
17,287
8,892
Unless she has her PR card she won’t be able to get onto a flight to Canada. Going to Buffalo will be the only option. Processing times are pretty quick these days so hopefully will get the PR card in time.
Honest question - are you sure? She should be able to get on a plane on the basis of her Belgian passport (and whatever ETA formalities needed).

Once at the airport, her issue will be demonstrating and convincing the border officer that she has met her residency obligation despite the expired card - and as presented above (and assuming accurate), she is comfortably above the requirements. She might indeed get pushed to a review, but - on the face of it - the risk would seem to be low that a review would conclude she's not in compliance or be pushed to steps like removal. (Not zero, but perhaps acceptable).

Possibly/presumably the documentation that she has prepared for pR card renewal and any correspondence may bolster her case.

I would honestly like clarity/input on this, I perhaps have misunderstood other reading I've done here. Perhaps I've missed something about how PRs from visa waiver countries can board planes.
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,526
Honest question - are you sure? She should be able to get on a plane on the basis of her Belgian passport (and whatever ETA formalities needed).

Once at the airport, her issue will be demonstrating and convincing the border officer that she has met her residency obligation despite the expired card - and as presented above (and assuming accurate), she is comfortably above the requirements. She might indeed get pushed to a review, but - on the face of it - the risk would seem to be low that a review would conclude she's not in compliance or be pushed to steps like removal. (Not zero, but perhaps acceptable).

Possibly/presumably the documentation that she has prepared for pR card renewal and any correspondence may bolster her case.

I would honestly like clarity/input on this, I perhaps have misunderstood other reading I've done here. Perhaps I've missed something about how PRs from visa waiver countries can board planes.
No if she is a PR she must have a valid PR card to get on the plane. The only exception would be a US citizen. A PR does not qualify for an ETA and if you try it will be denied.
 
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penewpr

Member
Jan 10, 2022
10
1
Hi,

My partner and I are in a similar situation regarding how to re-enter Canada.

I am a Canadian citizen and my partner is an American citizen. She got her PR status (COPR officially stamped) in August 2021. However, she had to leave Canada just a few days after this due to jobs overseas. We used a friend's address for to get her PR card but it was somehow lost in the post and since then, the IRCC has not sent a replacement card (more than 8 months after getting PR status!).

We now have to re-enter Canada and I wondered if it will be possible to do without a PRTD. We will fly to Canada on an airplane. Since my partner is an American citizen, she will not have any problems getting on the plane.

But would the immigration officials in the Canadian airport be difficult? She has her COPR document and has complied with the residency requirement (she has been living with me since August 2021). We now plan to settle down in Canada.

What do you think? Any advice/previous experience on this would be very appreciated!

Thank you!
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,526
Hi,

My partner and I are in a similar situation regarding how to re-enter Canada.

I am a Canadian citizen and my partner is an American citizen. She got her PR status (COPR officially stamped) in August 2021. However, she had to leave Canada just a few days after this due to jobs overseas. We used a friend's address for to get her PR card but it was somehow lost in the post and since then, the IRCC has not sent a replacement card (more than 8 months after getting PR status!).

We now have to re-enter Canada and I wondered if it will be possible to do without a PRTD. We will fly to Canada on an airplane. Since my partner is an American citizen, she will not have any problems getting on the plane.

But would the immigration officials in the Canadian airport be difficult? She has her COPR document and has complied with the residency requirement (she has been living with me since August 2021). We now plan to settle down in Canada.

What do you think? Any advice/previous experience on this would be very appreciated!

Thank you!
If you left soon after receiving her PR the time together abroad will likely not count. Had you been living in Canada when you sponsored her? Was the move abroad due to your work or hers?
 

dpenabill

VIP Member
Apr 2, 2010
6,435
3,183
Hi,

My partner and I are in a similar situation regarding how to re-enter Canada.

I am a Canadian citizen and my partner is an American citizen. She got her PR status (COPR officially stamped) in August 2021. However, she had to leave Canada just a few days after this due to jobs overseas. We used a friend's address for to get her PR card but it was somehow lost in the post and since then, the IRCC has not sent a replacement card (more than 8 months after getting PR status!).

We now have to re-enter Canada and I wondered if it will be possible to do without a PRTD. We will fly to Canada on an airplane. Since my partner is an American citizen, she will not have any problems getting on the plane.

But would the immigration officials in the Canadian airport be difficult? She has her COPR document and has complied with the residency requirement (she has been living with me since August 2021). We now plan to settle down in Canada.

What do you think? Any advice/previous experience on this would be very appreciated!

Thank you!
No Problem.

Explanation: There should be no problem. As a Canadian she is entitled to enter Canada. While this is a statutory entitlement, since she is a Canadian PR, not a Charter right as it is for a Canadian citizen, in practical terms it has the same effect: when a Canadian (either PR or citizen) arrives at a Port-of-Entry into Canada, they are entitled to entry and will be allowed entry.

For most PRs the difficulty not having a valid PR card is about getting on board a plane headed to Canada. Most need either a valid PR card or a valid PR Travel Document. You are right, as a U.S. citizen she should not have any problem with this either.


Note:

No idea what @canuck78's post is about, unless for some reason it is forecasting future issues based on contingencies that are . . . well, hard to even guess, perhaps something about Residency Obligation compliance, years from now, and credit for accompanying-Canadian-citizen-spouse, but if it's that still not sure how that would be relevant to your query. And, if that is what it is about, there is little indication supporting the forecast "time . . . will likely not count."

If you left soon after receiving her PR the time together abroad will likely not count. Had you been living in Canada when you sponsored her? Was the move abroad due to your work or hers?
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,526
No Problem.

Explanation: There should be no problem. As a Canadian she is entitled to enter Canada. While this is a statutory entitlement, since she is a Canadian PR, not a Charter right as it is for a Canadian citizen, in practical terms it has the same effect: when a Canadian (either PR or citizen) arrives at a Port-of-Entry into Canada, they are entitled to entry and will be allowed entry.

For most PRs the difficulty not having a valid PR card is about getting on board a plane headed to Canada. Most need either a valid PR card or a valid PR Travel Document. You are right, as a U.S. citizen she should not have any problem with this either.


Note:

No idea what @canuck78's post is about, unless for some reason it is forecasting future issues based on contingencies that are . . . well, hard to even guess, perhaps something about Residency Obligation compliance, years from now, and credit for accompanying-Canadian-citizen-spouse, but if it's that still not sure how that would be relevant to your query. And, if that is what it is about, there is little indication supporting the forecast "time . . . will likely not count."
@penewpr post specifies that they are under the impression that their time abroad counts towards their RO which it unlikely the case if she never spent any time in Canada. Pointing out that fact is actually important in case they do consider moving out of Canada again.

“But would the immigration officials in the Canadian airport be difficult? She has her COPR document and has complied with the residency requirement (she has been living with me since August 2021). We now plan to settle down in Canada.”
 

dpenabill

VIP Member
Apr 2, 2010
6,435
3,183
@penewpr post specifies that they are under the impression that their time abroad counts towards their RO which it unlikely the case if she never spent any time in Canada. Pointing out that fact is actually important in case they do consider moving out of Canada again.

“But would the immigration officials in the Canadian airport be difficult? She has her COPR document and has complied with the residency requirement (she has been living with me since August 2021). We now plan to settle down in Canada.”
Not sure it warrants sorting out, but honestly, I cannot discern what you are saying let alone why. How would it be possible, "in case they do consider moving out of Canada again," that the conditional phrase in the previous sentence "if she never spent any time in Canada" apply or even be a fact? Makes no sense. It would be rather difficult, impossible actually, to move out of Canada without being in Canada.

But apart from that, when a PR spouse moves abroad with their Canadian citizen partner, there is still the accompanying-citizen-spouse credit and it is the opposite of what you say, it is likely that their time together abroad will count toward Residency Obligation compliance. At least under the current rules, for which there is no sign this aspect will be changing.

Otherwise, in any event, the query by @penewpr is clearly about whether the Canadian PR will "now" (less than a year after landing and becoming a PR) have any problem at the Port-of-Entry upon arrival because she does not have a valid PR card. And as questions go in the forum, this is among those that are easy, the unequivocal answer is NO, NO problem.

"Had you been living in Canada when you sponsored her? "

The "NO PROBLEM" answer to @penewpr's query remains exactly the same regardless the answer to this question (you pose)

Likewise . . . "Was the move abroad due to your work or hers?"

Either way, the answer to @penewpr's query remains exactly the same, there will be "NO PROBLEM" when they return to Canada now.

And if they move out of Canada sometime in the future, it is LIKELY (not unlikely) their time together abroad will count toward RO compliance.

So, again, not sure it needs to be sorted out . . . but to be clear:
-- @penewpr was correct, that his PR spouse will have no problem, being a U.S. citizen, boarding a flight to Canada, and
-- there will be no problem at the PoE even though she does not have a PR card, and
-- if they move out of Canada later, together, it is LIKELY the time together abroad will count toward RO compliance

It is, after all, a very simple scenario.