Expired PR trying to enter Canada via Land Border but with job offer

[Sricand]

Hello Helpful folks,

Got a question.. My PR expired in 2021. I was in Canada between 2018-2020. Couldn't renew as I had to move overseas. As of today, PR card expired since 3 years. I do not meet the minimum residency obligation. However, I am able to obtain a transfer to Canada from my current employer. So I will have a Canadian employment letter. Will I be able to enter land border with my expired PR card/ old COPR along with my employment letter and justify my entry? What can I expect from the border immigration folks? Any possibility of me to be denied entry? I paid taxes in Canada for 2018- 2021. I have all these records. Kindly advise.

 

[armoured]

Hello Helpful folks,

Got a question.. My PR expired in 2021. I was in Canada between 2018-2020. Couldn't renew as I had to move overseas. As of today, PR card expired since 3 years. I do not meet the minimum residency obligation. However, I am able to obtain a transfer to Canada from my current employer. So I will have a Canadian employment letter. Will I be able to enter land border with my expired PR card/ old COPR along with my employment letter and justify my entry? What can I expect from the border immigration folks? Any possibility of me to be denied entry? I paid taxes in Canada for 2018- 2021. I have all these records. Kindly advise.

You may want to post to and read posts and discussion on similar topics in the permanent resident obligation forum:
https://www.canadavisa.com/canada-immigration-discussion-board/forums/permanent-residency-obligations.11/

-You will be able to enter at a land border;
-You may get 'reported' using the 44(1) report process, which (unless won and appealed) results in loss of PR status;
-or you may get let in with no comment, with a warning, with a note to file, or similar.

If reported you can live and work while you appeal, which can take quite some time to be heard.

Will the fact that you have a job offer/transfer help? Maybe. Probably won't hurt. Officially what should matter is whether you have good reasons ('humanitarian and compassionate') explaining why you could not return.

BUT: I warn that if you are admitted without trouble (no report), you should usually not apply to renew PR card until you are in compliance with the residency obligation. Hence travelling - only re-entering via land borders.

And every single time you return, you will face the same risk (i.e. you should travel not at all or as little as possible). This may not be compatible with your employment and lifestyle (if you need to return often to home country). I'd also consider whether your employer is relying upon your status as a PR, and might not be happy if/when issues arise or they find out about your restrictions for travel.

Also you may face issues with health care coverage, details vary a bit by province, until you get a new PR card.

Good luck.

 

[Sricand]

Thanks for your reply. The only travel I expect is 2-4 day business trips to US cities once or twice a year max. For this, I can continue to take the land border as suggested. However, point taken that minimal or nil travel needs to happen. Shall try to see how this can be worked out. For health card, my intent is to be based in Ontario. Based on Service Ontario website, they mention that a PR card expired not more than 5 years can be used to get a Health Card..hope that is the case..

 

[scylla]

Thanks for your reply. The only travel I expect is 2-4 day business trips to US cities once or twice a year max. For this, I can continue to take the land border as suggested. However, point taken that minimal or nil travel needs to happen. Shall try to see how this can be worked out. For health card, my intent is to be based in Ontario. Based on Service Ontario website, they mention that a PR card expired not more than 5 years can be used to get a Health Card..hope that is the case..

Ideally you avoid crossing the border as much as possible until you meet RO. Each time you cross, this increases the chances you may be reported by CBSA.

 

[armoured]

Thanks for your reply. The only travel I expect is 2-4 day business trips to US cities once or twice a year max. For this, I can continue to take the land border as suggested. However, point taken that minimal or nil travel needs to happen.

@scylla made the basic point, each interaction is a risk while you're out of compliance.

That said: crossing at a land border when (at that point) you will already be 'settled' and residing in Canada / employed in Canada and only having left for a short work trip - that may mitigate the risks, at least partially. And based on some anecdotes from other PRs, that is a scenario where they tend to be more lenient. Still not zero risk however.

 

[canuck78]

Thanks for your reply. The only travel I expect is 2-4 day business trips to US cities once or twice a year max. For this, I can continue to take the land border as suggested. However, point taken that minimal or nil travel needs to happen. Shall try to see how this can be worked out. For health card, my intent is to be based in Ontario. Based on Service Ontario website, they mention that a PR card expired not more than 5 years can be used to get a Health Card..hope that is the case..

You typically have to prove that you have remained living in Ontario during those 5 years so yes getting OHIP may prove difficult.