PR-Child-Residency Violation-Want to Go Back Soon

[USCAN1111]

Hoping to find some help as to what I should do. I cannot seem to make up my mind.

My brief history:

Asian national.

became PR when I was 10. (7 years ago)

Parents didn't stay in Canada and we left.

Currently staying in Buffalo, NY, USA. My parents work here under H1B.

Want to go to Canada for uni. ( I hope to get into McGill -- Canadian Harvard-- while I doubt I will get into actual Harvard. Plus the cost is ridiculously cheap. Seems Quebec has some provision for PR's who never lived in Canada to pay Quebec fees. This means I can get a degree for 4k/year tuition.)

I have taken some initiative and have done some research for myself. This is what I understand as of now, please correct me if I have missed anything:

Bad News: I am most definitely in residency violation. I have no days in Canada in the past 5 years.

Good News: I am still a PR, expired card does not equate to lost PR status. (I have read it's something like citizenship vs passport?)

Better News: As I was a kid (technically still am until July 2018) Canadian immigration is understanding and I have a good chance not to be punished for my violation. (As I understand, punished means loosing PR status altogether.)

So given the current scenario I most definitely want to go to Canada as a PR. Having a top-ranked passport at 21 is something I would like very much. (I don't want to go back to my country of citizenship. I have lived abroad all my life and unfortunately can't piggy back off my parents' immigration status any longer. Please excuse the irony in my previous sentence considering the reason I have PR in the first place is because of my parents.)

Probably worth pointing out that my parents have given up on Canada. They don't plan on going back and will probably just renounce their PR and take a visit visa if they ever want to go on holiday.

Forgive me for such a long post. I was so exited to figure out I am still a PR and have some stuff I need to get out my system.

So, contingent upon uni acceptance, I plan to move to Canada June/July 2018. From what I gather, there are 2 ways I can do this:

A: Go with my best friend (American) to Montreal by car as we both plan on going to the same uni. She will get her study permit at the border crossing.

Benefits: No planning needed from my side, I can just get in the car and go. Canada is only about 30 mins (on a good day at least) from my house.

Negatives: I gather there is a good chance I will be pulled into Secondary inspection and our wait at the border will be a little longer than what my friend is used to. However, as she needs to get a study permit too I'm hoping I can sort out whatever I need to sort out with the immigration officer in round about the same time it takes my friend to get her study permit.

B: Apply for a "PRTD." What I understand is that this is a one time visa to enter Canada, no questions asked. The application says I should explain my "Humanitarian reasons." So if I do it this way I guess I will write that I left as a kid etc and I want to go back to Canada.

Benefits: No need to explain stuff at the border, no hassle to my friend needing to wait for me while I sort stuff out with immigration at the border. We can still go together by car and benefit from what I guess will be a quicker and more pleasant crossing experience.

Negatives: The application fee. This is not the most serious consideration, but I can still think of way better ways to spend $50. Another issue is that I will need to wait for a while to get the document, and from what I have read around this forum lot of people are waiting a long time to get their document. I don't want to be in a situation where I can't travel on time.

Quick Note:

When I actually go back I will be a little shy of 18 proper. I want to go a little before university starts to get settled in and get to know the place a bit better. This shouldn't be an issue right?

Thank you to all of you who take the time to answer my query.

 

[scylla]

I'm sorry - I didn't read your whole post (too long and I have a short attention span today). How old are you now or how old will you be when you want to return? That's all that matters. If you're going to be 19 or younger, just apply for a PRTD (PR Travel Document) and claim H&C saying you were removed from Canada as a minor. You should have no issues being approved.

 

[USCAN1111]

I'm sorry - I didn't read your whole post (too long and I have a short attention span today). How old are you now or how old will you be when you want to return? That's all that matters. If you're going to be 19 or younger, just apply for a PRTD (PR Travel Document) and claim H&C saying you were removed from Canada as a minor. You should have no issues being approved.

@scylla Don't blame you.

17 now. Moving Summer 2018. Will still be 17.(shy of 18 by about a month.) I live in Buffalo and will be going to Canada with my friend who is driving us to Montreal. Want to know if I should just show up at the border or get a PRTD first.

P.s. everyone else here is a more concise version of my post.

 

[canuck78]

You need to do a lot more research. First of all your friend needs to apply for a student visa you can't just show up and get one at the border. I will let scylla answer and see if there is anything else I want to add since I read the whole post.

 

[scylla]

You need to do a lot more research. First of all your friend needs to apply for a student visa you can't just show up and get one at the border. I will let scylla answer and see if there is anything else I want to add since I read the whole post.

American citizens can actually apply for study permits at the border. They don't have to apply in advance like other passport holders.

 

[canuck78]

Oh thanks for correcting me. Also don't think McGill is really considered the Havard of Canada. It might have been around 20 years ago but that was mostly because it was the only Canadian university that Americans knew about and the campus has old buildings.

 

[scylla]

@scylla Don't blame you.

17 now. Moving Summer 2018. Will still be 17.(shy of 18 by about a month.) I live in Buffalo and will be going to Canada with my friend who is driving us to Montreal. Want to know if I should just show up at the border or get a PRTD first.

P.s. everyone else here is a more concise version of my post.

Get the PRTD under H&C. It's a no brainer. Then you can apply for a new PR card as soon as you are in Canada and you'll have no issues getting a new PR card and being classified as a domestic student by your school.

Otherwise you're risking being reported at the border for failing to meet the residency obligation which means you'll have to appear at a hearing. Of course you'll almost certainly win that hearing but then your PR card will be delayed and you might have problems getting the school to recognize you as a domestic student (they won't take your word for it - they'll want to see a valid PR card most likely). Or you'll be able to enter Canada without being reported, but then will have to apply to renew your PR card under H&C which will take longer. And you now have problems starting school again.

Get the PRTD under H&C. Come to Canada a few months early and apply to renew your PR card and ensure you can have a new card before your classes begin. That's the best route.

 

[canuck78]

Yes as scylla has explained these are not issues you can sort out at the border. You actually don't want them to report you at the border for not meeting the residency requirement. Best to get PRTD in advance. This will take some time.

 

[USCAN1111]

Oh thanks for correcting me. Also don't think McGill is really considered the Havard of Canada. It might have been around 20 years ago but that was mostly because it was the only Canadian university that Americans knew about and the campus has old buildings.

@canuck78 I've also applied to UToronto, UBC, UAlberta. Any recommendations?

Tbh in my country of citizenship no one knows about McGill. Everything there is either US Ivys or Oxford/Cambridge in the UK.

But for some reason here in the U.S. Americans seem to love McGill and I have heard really good things about it. The idea of living in a quasi European area also seems really appealing as I spent a large chunk of my life living in western Europe. The 4k tuition most certainly doesn't hurt either. (At other unis I'm looking at around 7k. Not too big of a difference tho)

 

[scylla]

Oh thanks for correcting me. Also don't think McGill is really considered the Havard of Canada. It might have been around 20 years ago but that was mostly because it was the only Canadian university that Americans knew about and the campus has old buildings.

McGill is a good school but I wouldn't put in on par with the University of Toronto or Waterloo. Also, unless someone speaks fluent French, it's not a great choice for part time jobs or immigration.

 

[canuck78]

Depends on what you are studying. McGill is a good school but wouldn't say the best in Canada although they have some strong departments.

 

[USCAN1111]

Depends on what you are studying. McGill is a good school but wouldn't say the best in Canada although they have some strong departments.

Looking at something along the lines of Political Science/IR.

 

[scylla]

Looking at something along the lines of Political Science/IR.

I would go with U of T then. They have an entire school of global affairs funded by the Munk family.

https://munkschool.utoronto.ca/

 

[canuck78]

Would say U of T (Munk School) but McGill would also be good. You're going to have to do graduate work no matter what. Would probably skip Alberta and findinghousing in Vancouver is ridiculous so I would probably discourage living in Vancouver because of that.

 

[USCAN1111]

@canuck78 @scylla Thanks for the help on both the immigration and education front. I'm still waiting on acceptances but will surely look at UToronto. From a quality of life perspective I hear Montreal is better with their cheap beer, food, and a bit of that French joie de vivre. Guess my primary purpose is to get a good education tho so will consider UToronto if they take me.