RO not met, wanting to return to Canada and stay for good

[nicklove128]

Hi everyone, my old PR card expired in 2013 and I received my new PR card in 2016. I have been outside of Canada for almost 4 year for study reasons.

I plan to move back to Canada next year after I graduate from university. Which of the 2 ways below is better for me to enter the country without being reported?

1. I enter with my new passport (with new passport NO.) since I'm from a visa exempt country. But what are the chances that they find out that I am a PR and that I didn't meet the RO?

2. I enter with my PR card and tell them the truth. My mom and my brother have got their citizenship, and I do want to settle down in Canada for good. Are those reasons good enough for me not to be reported or win the appeal if I was?

Or do you have any better solutions? Anyone was in the same situation before? Thank you for your help and suggestions.

 

[scylla]

You can certainly try entering with your new passport. Note that you won't be able to fly into Canada. You will need to travel to the US and then enter Canada using a US/Canada land border using a private vehicle.

Those who are visa exempt now require an eTA to enter Canada by plane. You don't qualify for one since you are technically still a PR.

 

[Rob_TO]

Hi everyone, my old PR card expired in 2013 and I received my new PR card in 2016. I have been outside of Canada for almost 4 year for study reasons.

I plan to move back to Canada next year after I graduate from university. Which of the 2 ways below is better for me to enter the country without being reported?

1. I enter with my new passport (with new passport NO.) since I'm from a visa exempt country. But what are the chances that they find out that I am a PR and that I didn't meet the RO?

2. I enter with my PR card and tell them the truth. My mom and my brother have got their citizenship, and I do want to settle down in Canada for good. Are those reasons good enough for me not to be reported or win the appeal if I was?

Or do you have any better solutions? Anyone was in the same situation before? Thank you for your help and suggestions.

As long as you have a valid PR card on hand, you can fly to Canada.

When you present yourself to CBSA you must not lie about your PR status. If they ask you questions about your status and how long you've been outside Canada, you must answer honestly.

Nobody can say what your chances are of being reported, as it depends on the CBSA officer you encounter.

Typically studying outside Canada or having family who are citizens are NOT valid H&C reasons to not meet the RO. Studying outside Canada is a personal choice you're making instead of studying in Canada as a PR. However each case is unique and at discretion of CBSA/IRCC, so bring with you any evidence of what you think may be H&C reasons (like studying) for not meeting RO just in case.

If you're reported, odds would not be good to win an appeal but again there are too many factors here to say for sure.

 

[nicklove128]

You can certainly try entering with your new passport. Note that you won't be able to fly into Canada. You will need to travel to the US and then enter Canada using a US/Canada land border using a private vehicle.

Those who are visa exempt now require an eTA to enter Canada by plane. You don't qualify for one since you are technically still a PR.

Thank you for your answer. If I enter Canada using a US/Canada land border, I plan to ask my brother to come pick me up. But will they find out that I'm a PR by checking my passport?

 

[nicklove128]

As long as you have a valid PR card on hand, you can fly to Canada.

When you present yourself to CBSA you must not lie about your PR status. If they ask you questions about your status and how long you've been outside Canada, you must answer honestly.

Nobody can say what your chances are of being reported, as it depends on the CBSA officer you encounter.

Typically studying outside Canada or having family who are citizens are NOT valid H&C reasons to not meet the RO. Studying outside Canada is a personal choice you're making instead of studying in Canada as a PR. However each case is unique and at discretion of CBSA/IRCC, so bring with you any evidence of what you think may be H&C reasons (like studying) for not meeting RO just in case.

If you're reported, odds would not be good to win an appeal but again there are too many factors here to say for sure.

Thank you for your reply. The truth is I didn't know how the RO is measured. I thought I just need to be physically in Canada 2 years out of 5 according to the validation of my PR card (I got my new PR card in 2016, I thought as long as I stay in Canada for 2 years from 2016 to 2021, I will be fine). When I found that it has nothing to do with the validation of my PR card, but my PR status, it was already too late. I'm not sure if explaining this mistake can convince the officers not to report me.

I do want to stay in Canada since my family is settled there. To have a better chance of not being reported, do you think I should enter Canada by plane using my PR card or by car from US/ CANADA border using my passport (visa exempt).

Thank you!