Offered job in Canada. PR Card expired, RO not met. Planning to enter via US border.

[cian_mathew]

Hi all,
As the title suggests, I (Indian passport) was issued PR in January 2018, where I landed and left within a week and I am in possession of expired PR card. I could not move due to various reasons including COVID, and moving to South Africa to marry my SA girlfriend (now wife) in Feb 2022. I have tried several times to apply for jobs in CA over the years and also had interviews (email proofs available) but was not successful.
Last year (October 2023) my wife independently applied for her PR and got it and now we both want to move to CA. To this end, I did apply for a job and got an offer last week. We are now planning to enter via the US border and will have family (wife's uncle and family) living in Canada (citizens) come to the US to pick us up and drive back to CA.
I have a permanent SIN number. I fully understand that I have not met my obligation. However, want to understand from people in this group what I should be expecting? And will I be admitted to CA showing that we fully intend to live and meet all our obligations in CA hereafter? Anything I can do to prepare? Thanks.

 

[scylla]

Hi all,
As the title suggests, I (Indian passport) was issued PR in January 2018, where I landed and left within a week and I am in possession of expired PR card. I could not move due to various reasons including COVID, and moving to South Africa to marry my SA girlfriend (now wife) in Feb 2022. I have tried several times to apply for jobs in CA over the years and also had interviews (email proofs available) but was not successful.
Last year (October 2023) my wife independently applied for her PR and got it and now we both want to move to CA. To this end, I did apply for a job and got an offer last week. We are now planning to enter via the US border and will have family (wife's uncle and family) living in Canada (citizens) come to the US to pick us up and drive back to CA.
I have a permanent SIN number. I fully understand that I have not met my obligation. However, want to understand from people in this group what I should be expecting? And will I be admitted to CA showing that we fully intend to live and meet all our obligations in CA hereafter? Anything I can do to prepare? Thanks.

You will be admitted to Canada but it's possible you may be reported for failing to meet the residency obligation.

It may be difficult for you to obtain a driver's license and provincial health care coverage during your first two years in Canada.

 

[cian_mathew]

You will be admitted to Canada but it's possible you may be reported for failing to meet the residency obligation.

It may be difficult for you to obtain a driver's license and provincial health care coverage during your first two years in Canada.

Thanks.
1.Do you know what can be done if they do report me?
2.Wouldn't the wife's PR and job offer be enough to convince them that I do intend to stay and meet my obligation going forward?

 

[scylla]

Thanks.
1.Do you know what can be done if they do report me?
2.Wouldn't the wife's PR and job offer be enough to convince them that I do intend to stay and meet my obligation going forward?

1. You will be allowed to enter Canada but would need to go through an appeal process to argue why you should be allowed to keep your PR status.
2. It's not as much about your intentions going forward but more about why you failed to meet the residency obligation. What you are generally trying to show is what H&C circumstances prevented you from returning to Canada earlier to meet the residency obligation. An example might be a circumstance such as a critically I'll parent and you are an only child and the only one available to support. Having said that, your wife's employment situation and yours should help. Worst case if you lose your status, your wife can always sponsor you.

 

[canuck78]

Hi all,
As the title suggests, I (Indian passport) was issued PR in January 2018, where I landed and left within a week and I am in possession of expired PR card. I could not move due to various reasons including COVID, and moving to South Africa to marry my SA girlfriend (now wife) in Feb 2022. I have tried several times to apply for jobs in CA over the years and also had interviews (email proofs available) but was not successful.
Last year (October 2023) my wife independently applied for her PR and got it and now we both want to move to CA. To this end, I did apply for a job and got an offer last week. We are now planning to enter via the US border and will have family (wife's uncle and family) living in Canada (citizens) come to the US to pick us up and drive back to CA.
I have a permanent SIN number. I fully understand that I have not met my obligation. However, want to understand from people in this group what I should be expecting? And will I be admitted to CA showing that we fully intend to live and meet all our obligations in CA hereafter? Anything I can do to prepare? Thanks.

Buy private healthcare to at least cover emergencies while you wait to qualify for provincial health insurance which could take 2+ years. Any private health insurance through your employer will likely not be valid until you qualify for provincial healthcare.

 

[cian_mathew]

1. You will be allowed to enter Canada but would need to go through an appeal process to argue why you should be allowed to keep your PR status.
2. It's not as much about your intentions going forward but more about why you failed to meet the residency obligation. What you are generally trying to show is what H&C circumstances prevented you from returning to Canada earlier to meet the residency obligation. An example might be a circumstance such as a critically I'll parent and you are an only child and the only one available to support. Having said that, your wife's employment situation and yours should help. Worst case if you lose your status, your wife can always sponsor you.

Thanks so much.
Do you know if it comes it it, how the appeal process will work? In terms of timelines and process? Will I be able to work while waiting on appeal process, etc.?

 

[cian_mathew]

Buy private healthcare to at least cover emergencies while you wait to qualify for provincial health insurance which could take 2+ years. Any private health insurance through your employer will likely not be valid until you qualify for provincial healthcare.

Thanks. Will surely look into this.

 

[Ponga]

Thanks so much.
Do you know if it comes it it, how the appeal process will work? In terms of timelines and process? Will I be able to work while waiting on appeal process, etc.?

It would begin with the CBSA officer writing a 44(1) report for breaching the residency Obligation that is the [only] requirement, really, to maintain PR status. PR Cards expires, but status never does. It can, obviously be revoked for non-compliance.

The officer would then need a Minister's Delegate (sometimes just a second officer) to validate the report, at which point `The horse is out of the barn'. You would be allowed to remain in Canada to appeal (and work) because unless/until your PR status is officially revoked (would take a fair amount of time, I suspect) you can enjoy all of the benefits of being a PR...because you would still BE a PR during the process.

 

[cian_mathew]

It would begin with the CBSA officer writing a 44(1) report for breaching the residency Obligation that is the [only] requirement, really, to maintain PR status. PR Cards expires, but status never does. It can, obviously be revoked for non-compliance.

The officer would then need a Minister's Delegate (sometimes just a second officer) to validate the report, at which point `The horse is out of the barn'. You would be allowed to remain in Canada to appeal (and work) because unless/until your PR status is officially revoked (would take a fair amount of time, I suspect) you can enjoy all of the benefits of being a PR...because you would still BE a PR during the process.

Thanks so much.
Just to understand fully, there is also a chance that they might just let me through without any problem, correct?

 

[Ponga]

Thanks so much.
Just to understand fully, there is also a chance that they might just let me through without any problem, correct?

Absolutely! There have been posts from many here that had no issues whatsoever. Just be prepared to answer questions.

With an expired card, it is probably more likely than not that you will be sent to Secondary Inspection, but...you won't know until you cross.

 

[armoured]

Absolutely! There have been posts from many here that had no issues whatsoever. Just be prepared to answer questions.

With an expired card, it is probably more likely than not that you will be sent to Secondary Inspection, but...you won't know until you cross.

Apart from the health care and driver's license and some other minor issues, the biggest issue you MIGHT face is when you wish/need to travel again.

Bluntly, it sounds like you're used to being able to travel at will, and without a valid PR card, you might have issues on every subsequent entry until you are back in compliance with the RO.

I don't have an easy answer. Renouncing your Canadian PR and re-applying would leave you unable to work in Canada for some time, unless you could get a closed work permit (eg 'sponsored' by your employer). But it would be otherwise extremely 'clean' after that first period. That might be preferable to tangling on an ongoing basis.

I don't have an easy answer. You might try returning and once in Canada, speak to an immigration lawyer and see what they suggest. Once in Canada, you probably would have many options beyond those mentioned; BUT they might overall be less convenient than starting over 'clean.'

LIkelihood is that no-one can decide but you, but a professional might be able to advise on options with more realistic timelines and issues you'd face.

 

[cian_mathew]

Absolutely! There have been posts from many here that had no issues whatsoever. Just be prepared to answer questions.

With an expired card, it is probably more likely than not that you will be sent to Secondary Inspection, but...you won't know until you cross.

Thanks.

 

[cian_mathew]

Apart from the health care and driver's license and some other minor issues, the biggest issue you MIGHT face is when you wish/need to travel again.

Bluntly, it sounds like you're used to being able to travel at will, and without a valid PR card, you might have issues on every subsequent entry until you are back in compliance with the RO.

I don't have an easy answer. Renouncing your Canadian PR and re-applying would leave you unable to work in Canada for some time, unless you could get a closed work permit (eg 'sponsored' by your employer). But it would be otherwise extremely 'clean' after that first period. That might be preferable to tangling on an ongoing basis.

I don't have an easy answer. You might try returning and once in Canada, speak to an immigration lawyer and see what they suggest. Once in Canada, you probably would have many options beyond those mentioned; BUT they might overall be less convenient than starting over 'clean.'

LIkelihood is that no-one can decide but you, but a professional might be able to advise on options with more realistic timelines and issues you'd face.

Thanks.

 

[JJS]

Hi all,
As the title suggests, I (Indian passport) was issued PR in January 2018, where I landed and left within a week and I am in possession of expired PR card. I could not move due to various reasons including COVID, and moving to South Africa to marry my SA girlfriend (now wife) in Feb 2022. I have tried several times to apply for jobs in CA over the years and also had interviews (email proofs available) but was not successful.
Last year (October 2023) my wife independently applied for her PR and got it and now we both want to move to CA. To this end, I did apply for a job and got an offer last week. We are now planning to enter via the US border and will have family (wife's uncle and family) living in Canada (citizens) come to the US to pick us up and drive back to CA.
I have a permanent SIN number. I fully understand that I have not met my obligation. However, want to understand from people in this group what I should be expecting? And will I be admitted to CA showing that we fully intend to live and meet all our obligations in CA hereafter? Anything I can do to prepare? Thanks.

Had this happen to someone from our community this last week. They were reported at the Niagara border and found to be not meeting RO. So they either let you voluntarily give up PR or they revoke it. It does not happen immediately though. However, once your PR is relinquished, you can apply again based on your spouse's PR status.

 

[cian_mathew]

Had this happen to someone from our community this last week. They were reported at the Niagara border and found to be not meeting RO. So they either let you voluntarily give up PR or they revoke it. It does not happen immediately though. However, once your PR is relinquished, you can apply again based on your spouse's PR status.

Thanks. Were they traveling alone? Or with Canadian citizen/PR spouse? Were they let through? What did they say to the potential employer? Thanks.