Questions about entering Canada by car with expired PR card. Help!

[uverworld]

Hi guys,

I plan to go back to Canada with my wife but our PR cards expired. I have some questions and would like to get some advice.

Here's some background:
- My wife and I became PR in 2018 and our PR cards expired in 2023. We didn't meet residency obligation. We did travel to Canada 2-3 times (2018, 2019, 2023) but didn't spend too much time there.

- We had planned to return to Canada when PR card was still valid, but there was Covid-19 pandemic and then my wife's mom had a severe disease in 2022. My wife is the only child, so we had to stay for some longer time for her recovery process.

- We have Canadian phone numbers and have been paying the bills over the years. My wife also have bank account in Canada. Besides, we have been filing our taxes to the CRA and paid on time every year.

- We plan to reside in Canada long-term and we have quited our jobs outside of Canada. I'm currently applying for jobs in Canada but it seems difficult to get a job before entering Canada.

- My wife has relatives living in Ontario and they are Canadian citizens.

We plan to enter Canada via land border. My questions are:
1. Would having one of relatives pick us up (via Niagara) increase our chances of entering compared to finding someone else such as a paid driver to pick us up (Seattle - Vancouver)? And which border is seemed to be easier?

2. Will the fact that we had to take care of her mom be a good explanation? We have hospital diagnosis and medical records as proof.

3. Will documents like tax records, job application records and Fido bills help? What other documents could be beneficial?

4. Having both resigned, can we demonstrate our determination to settle in Canada?

5. We want to have a baby this or next year and raise our child in Canada. Would it also be considered a valid explanation for wanting to come back? Should we mention this when talking with CBSA?

Thank you so much for any help.

 

[Copingwithlife]

“5. We want to have a baby this or next year and raise our child in Canada. Would it also be considered a valid explanation for wanting to come back? Should we mention this when talking with CBSA?”

Of course not .

 

[Naturgrl]

Hi guys,

I plan to go back to Canada with my wife but our PR cards expired. I have some questions and would like to get some advice.

Here's some background:
- My wife and I became PR in 2018 and our PR cards expired in 2023. We didn't meet residency obligation. We did travel to Canada 2-3 times (2018, 2019, 2023) but didn't spend too much time there.

- We had planned to return to Canada when PR card was still valid, but there was Covid-19 pandemic and then my wife's mom had a severe disease in 2022. My wife is the only child, so we had to stay for some longer time for her recovery process.

- We have Canadian phone numbers and have been paying the bills over the years. My wife also have bank account in Canada. Besides, we have been filing our taxes to the CRA and paid on time every year.

- We plan to reside in Canada long-term and we have quited our jobs outside of Canada. I'm currently applying for jobs in Canada but it seems difficult to get a job before entering Canada.

- My wife has relatives living in Ontario and they are Canadian citizens.

We plan to enter Canada via land border. My questions are:
1. Would having one of relatives pick us up (via Niagara) increase our chances of entering compared to finding someone else such as a paid driver to pick us up (Seattle - Vancouver)? And which border is seemed to be easier?

2. Will the fact that we had to take care of her mom be a good explanation? We have hospital diagnosis and medical records as proof.

3. Will documents like tax records, job application records and Fido bills help? What other documents could be beneficial?

4. Having both resigned, can we demonstrate our determination to settle in Canada?

5. We want to have a baby this or next year and raise our child in Canada. Would it also be considered a valid explanation for wanting to come back? Should we mention this when talking with CBSA?

Thank you so much for any help.

You will be allowed to enter. It is whether CBSA sends a note to IRCC to begin to revoke your PR is the issue. You will not know that until you enter.

1. No relatives don’t help your chances.
2. Sort of. Covid is not a reason for you not return as it has been years. You can show medical records of parent.
3. Sure. L
4. Leases, jobs show that you are settling
5. Of course not.

 

[armoured]

1. No relatives don’t help your chances.
2. Sort of. Covid is not a reason for you not return as it has been years. You can show medical records of parent.
3. Sure. L
4. Leases, jobs show that you are settling
5. Of course not.

I agree with all of this with small comments:
1) Might be more convenient and reliable with relatives, just in sense of not knowing how a hired driver might react if you get pulled into secondary (fairly likely). And if your relatives are calm and helpful in dealing with authorities, perhaps smooth thigns out. But these things are only guesses, and effect likely minor.

2) For ALL of these 'reasons', they can be mentioned and they will (must) be taken into account. Whether they give them much weight (consider them good or sufficient, separately or collectively) - impossible to say. Sure, you can mention covid - but that's going to be only a minor part (weight) in decision at this point (and likely insufficient on its own).

Anyone saying that something 'is not a reason' is just giving a personal opinion. Things are 'reasons', just not necessarily good or sufficient. (Except for your number five, which is a TERRIBLE reason)

3/4) Sure, but expect them to give little weight to such things. The biggest weight (negative) is going to be given to the fact that you've visited several times and not stayed at all.

Overall you should expect that one possibility is that you could be let in with a warning, but you'd only have expired cards, and may have difficulty with some things like health nsurance, renewing your cards (until 730 days in Canada), and basically no ability to travel outside country. That may not be realistic for many.

If written up for non-compliance you'd have right to appeal and can go into more detail on all above.

Some do get let in, some do appeal successfully. Some are not. No-one can really tell you which way it might go.

 

[uverworld]

You will be allowed to enter. It is whether CBSA sends a note to IRCC to begin to revoke your PR is the issue. You will not know that until you enter.

1. No relatives don’t help your chances.
2. Sort of. Covid is not a reason for you not return as it has been years. You can show medical records of parent.
3. Sure. L
4. Leases, jobs show that you are settling
5. Of course not.

Thank you so much!

 

[uverworld]

I agree with all of this with small comments:
1) Might be more convenient and reliable with relatives, just in sense of not knowing how a hired driver might react if you get pulled into secondary (fairly likely). And if your relatives are calm and helpful in dealing with authorities, perhaps smooth thigns out. But these things are only guesses, and effect likely minor.

2) For ALL of these 'reasons', they can be mentioned and they will (must) be taken into account. Whether they give them much weight (consider them good or sufficient, separately or collectively) - impossible to say. Sure, you can mention covid - but that's going to be only a minor part (weight) in decision at this point (and likely insufficient on its own).

Anyone saying that something 'is not a reason' is just giving a personal opinion. Things are 'reasons', just not necessarily good or sufficient. (Except for your number five, which is a TERRIBLE reason)

3/4) Sure, but expect them to give little weight to such things. The biggest weight (negative) is going to be given to the fact that you've visited several times and not stayed at all.

Overall you should expect that one possibility is that you could be let in with a warning, but you'd only have expired cards, and may have difficulty with some things like health nsurance, renewing your cards (until 730 days in Canada), and basically no ability to travel outside country. That may not be realistic for many.

If written up for non-compliance you'd have right to appeal and can go into more detail on all above.

Some do get let in, some do appeal successfully. Some are not. No-one can really tell you which way it might go.

Thanks a lot. Really appreciate it.
I have one more question. I know it is good to have a long-term lease to show that we are willing to stay in Canada, but I found it sort of risky to rent an apartment before returning to Canada. My wife's relatives welcome us to live in their house for some time and we will look for a place to live during that period. Given this situation, will it be helpful if our relatives write an explanation letter for us to show our willingness to live in Canada long-term?

 

[canuck78]

Thanks a lot. Really appreciate it.
I have one more question. I know it is good to have a long-term lease to show that we are willing to stay in Canada, but I found it sort of risky to rent an apartment before returning to Canada. My wife's relatives welcome us to live in their house for some time and we will look for a place to live during that period. Given this situation, will it be helpful if our relatives write an explanation letter for us to show our willingness to live in Canada long-term?

No.

 

[canuck78]

What do you mean you have been paying taxes in Canada? Were you ever a resident of Canada? Have you spoken to CRA about your residency and tax residency status? Have your received money from the Canadian government? How much time have you spent in Canada?

 

[foodie69]

Given this situation, will it be helpful if our relatives write an explanation letter for us to show our willingness to live in Canada long-term?

I personally see this as useless. No one can guarantee anything. You show your willingness by actually staying in Canada and contribute to the country.

 

[uverworld]

What do you mean you have been paying taxes in Canada? Were you ever a resident of Canada? Have you spoken to CRA about your residency and tax residency status? Have your received money from the Canadian government? How much time have you spent in Canada?

I haven't received any money from the Canadian government. I reported my overseas income and investment income to the CRA and paid the required taxes to the CRA account. I previously asked others, and they said that besides the length of residence, connections with Canada should also be considered. So I still need to pay taxes to Canada as long as I have ties such as bank accounts or investments.

If it weren't for family illness, we would have always wanted to return to Canada to live, so we have kept Canadian bank accounts and some assets. I reported all income and paid the required taxes, which means I paid taxes to both Canada and my home country. I'm not sure if I paid more than I should have, but I want to make sure I don't owe anything.

 

[canuck78]

I haven't received any money from the Canadian government. I reported my overseas income and investment income to the CRA and paid the required taxes to the CRA account. I previously asked others, and they said that besides the length of residence, connections with Canada should also be considered. So I still need to pay taxes to Canada as long as I have ties such as bank accounts or investments.

If it weren't for family illness, we would have always wanted to return to Canada to live, so we have kept Canadian bank accounts and some assets. I reported all income and paid the required taxes, which means I paid taxes to both Canada and my home country. I'm not sure if I paid more than I should have, but I want to make sure I don't owe anything.

Did you call CRA for them to determine your tax residency status and report that you have never lived in the country on what seems like a permanent basis. Nobody can determine your tax residency status but CRA. You may have never been a resident of Canada. Did you declare a Canadian address on your taxes? Is this your personal address? There was no mention of ever having a home in Canada. How much time did you spend on each visit in Canada? You need to talk to CRA to clear up both your residency status and tax residency status. Also extremely weird to pay for mobile phone plans for years when you have spent minimal time in Canada. Provides no benefit just costs you money.