Entry from U.S on valid PR card but unmet RO

[cheerup]

Hi everyone,

Please share your experiences on this matter. We are family of five, four are now applying for Canadian Citizenship and fifth one is finally moving from US to Canada who has a valid PR card but has not met RO. Is taking a flight from U.S is somewhat safer to be reported by CBP or by coming by road is better. I will be travelling with my wife who has applied for canadian Citizenship. Does that make my entry any safer. I know there is no certainty here but just wanted to get an idea

This is a permanent move and I am not leaving canada for few years.

Thanks

 

[rish888]

Coming into Canada with an unmet RO is always a risk.

The is no statistical information that can say whether land vs air is better. People who use land generally do so because they don't have a valid PR card.

On the other hand, between the airports in Vancouver, Toronto, and Montreal, Toronto has the lowest reported rate.

I would say let him/her take a flight to Toronto. They have automated processing that may give you better chances. (though nothing is guaranteed.)

Note that even in the worst case scenario, s/he will be allowed to enter Canada, but will need to appeal the report. (if it comes to that) Appeals can take a year to two years and during that time s/he remains a PR and can stay in Canada.

If s/he is detected, the officer will need to consider if there are any compelling reasons for the person's stay outside Canada. So if this exists be sure to mention it if it comes to the stage of detection and carry supporting documentation.

If the appeal is lost, s/he will need to leave Canada.

If s/he is still a minor, (under 22) another option can be for him/her to renounce his/her PR status and get sponsored by you again as a dependant.

Best of luck!

 

[cheerup]

Thank you!.

If she is reported, and you said earlier, I can sponsor her being Canadian Citizen. Would there be any issue her being reported and under that process already?

Thanks.

 

[Rob_TO]

Thank you!.

If she is reported, and you said earlier, I can sponsor her being Canadian Citizen. Would there be any issue her being reported and under that process already?

Thanks.

You can only begin process to sponsor someone for PR, if their previous PR status has been completely revoked/terminated. So the 2 processes can never happen at the same time.

So you can try your luck entering Canada. If not reported then stay for 2 years without leaving even once, to come back into compliance with RO and then apply to renew PR card.

Or if reported, just voluntarily renounce your status on the spot and afterwards apply to be sponsored for PR again.

Staying in Canada for 2 years without being able to leave for any reason may be difficult. You can always just voluntarily renounce PR status at any time and go through sponsorship process again. so you won't need to be worried about this.

 

[cheerup]

You can only begin process to sponsor someone for PR, if their previous PR status has been completely revoked/terminated. So the 2 processes can never happen at the same time.

So you can try your luck entering Canada. If not reported then stay for 2 years without leaving even once, to come back into compliance with RO and then apply to renew PR card.

Or if reported, just voluntarily renounce your status on the spot and afterwards apply to be sponsored for PR again.

Staying in Canada for 2 years without being able to leave for any reason may be difficult. You can always just voluntarily renounce PR status at any time and go through sponsorship process again. so you won't need to be worried about this.

 

[cheerup]

Thanks, Rob,

If I renounce PR at POE, is 6 months visit visa automatic, if everything else is normal/usual?.

Thanks.

 

[Buletruck]

6 months is never guaranteed. It's entirely up to the CBSA at entry how long you get. You can always apply to extend the visit after you enter.

 

[cheerup]

Thanks, Buletruck.

Problem is that I am almost close to getting Citizenship which in light of 10/2017 surge is taking longer. I am not yet a citizen.

The timeline is very important in tieing in both matters. One, her renouncing PR or appealing it. If she renounces it, she has to be in Canada for long enough until I get citizenship and then sponsor her. Second, If she gets a visit visa but could not get an extension, she is out of luck on both. It is so stressful to find out what is the safest course. I want to play safe.

Please advise if anything else comes in your mind.

Regards and thank you for your inputs.

 

[noscaf2014]

You don't have to wait to be a citizen to sponsor your dependent child. As a Permanent Resident, you can start the sponsorship application right away when you go back to Canada and she renounces her PR as long as you meet the RO. You will only have to stay in Canada for the whole period while the application is being processed. Make sure the following applies:

Your child or the child of your spouse or common-law partner can be considered a dependent child if that child meets the requirements below on the day we receive your complete application:

• They’re under 22 years old, and
• They don’t have a spouse or common-law partner

Children 22 years old or older qualify as dependants if they meet both of these requirements:

• They have depended on their parents for financial support since before the age of 22, and
• They are unable to financially support themselves because of a mental or physical condition

Dependants must continue to meet these requirements until they enter Canada.

​

Good Luck!

 

[cheerup]

You don't have to wait to be a citizen to sponsor your dependent child. As a Permanent Resident, you can start the sponsorship application right away when you go back to Canada and she renounces her PR as long as you meet the RO. You will only have to stay in Canada for the whole period while the application is being processed. Make sure the following applies:

Your child or the child of your spouse or common-law partner can be considered a dependent child if that child meets the requirements below on the day we receive your complete application:

• They’re under 22 years old, and
• They don’t have a spouse or common-law partner

Children 22 years old or older qualify as dependants if they meet both of these requirements:

• They have depended on their parents for financial support since before the age of 22, and
• They are unable to financially support themselves because of a mental or physical condition

Dependants must continue to meet these requirements until they enter Canada.

​

Good Luck!

 

[Abul K]

As long as the PR card is valid you can move in and out of Canada. I am still half a year away from meeting my RO and I have traveled in and out of Canada by air without any problems. The problem will arise once the PR card has expired and you are outside Canada. If your PR card expires while living in Canada, it will not pose a problem unless you want to travel. So whoever is travelling into Canada should travel with their VALID PR card and stay till you meet the RO (730 days) and apply for a renewal.

 

[dpenabill]

As long as the PR card is valid you can move in and out of Canada. I am still half a year away from meeting my RO and I have traveled in and out of Canada by air without any problems. The problem will arise once the PR card has expired and you are outside Canada. If your PR card expires while living in Canada, it will not pose a problem unless you want to travel. So whoever is travelling into Canada should travel with their VALID PR card and stay till you meet the RO (730 days) and apply for a renewal.

I mostly agree with this but there is one clarification which warrants attention, regarding the effect a valid PR card has.

A valid PR card means the PR can board a flight to Canada.

In contrast, it is having PR status which determines the right (a statutory right, which is often referred to as a "privilege") which allows the PR to actually enter Canada.

Being able to enter Canada is one thing. Potentially being reported as inadmissible, due to a breach of the PR Residency Obligation, is a separate thing. A PR in possession of a valid PR card but who is not in compliance with the PR RO is at risk for being reported upon arrival at a POE. A valid PR card does NOT necessarily mean the PR will be allowed into Canada without being reported.

There is, of course, a bigger risk of a PR RO compliance examination, and being reported, for the PR who does not have a valid PR card when he or she arrives at the POE.

The PR carrying and presenting a valid PR card has good odds of being waived into Canada even if the PR is in breach of the PR RO. But this PR, nonetheless, could be asked questions about compliance and if not in compliance with the PR RO, then reported. Having a valid PR card does not immunize a PR from being reported.

Your anecdotal experience merely illustrates that it can indeed be easier to enter Canada without being reported for a PR with a valid PR card, despite being in breach of the PR RO. It does not mean it will usually work that way, let alone is likely to work that way. PRs with a history of recently coming and going are more likely to get a pass. But the longer the most recent absence, the greater the risk of a PR RO compliance examination and, if in breach, being reported. And again, this can happen even if the PR has a valid PR card.


For the OP's scenario:

Traveling with an immediate family member who is well-settled in Canada may improve the odds of being allowed into Canada without being reported. No guarantee, and actually far from it. But it could make the difference.

 

[cheerup]

I mostly agree with this but there is one clarification which warrants attention, regarding the effect a valid PR card has.

A valid PR card means the PR can board a flight to Canada.

In contrast, it is having PR status which determines the right (a statutory right, which is often referred to as a "privilege") which allows the PR to actually enter Canada.

Being able to enter Canada is one thing. Potentially being reported as inadmissible, due to a breach of the PR Residency Obligation, is a separate thing. A PR in possession of a valid PR card but who is not in compliance with the PR RO is at risk for being reported upon arrival at a POE. A valid PR card does NOT necessarily mean the PR will be allowed into Canada without being reported.

There is, of course, a bigger risk of a PR RO compliance examination, and being reported, for the PR who does not have a valid PR card when he or she arrives at the POE.

The PR carrying and presenting a valid PR card has good odds of being waived into Canada even if the PR is in breach of the PR RO. But this PR, nonetheless, could be asked questions about compliance and if not in compliance with the PR RO, then reported. Having a valid PR card does not immunize a PR from being reported.

Your anecdotal experience merely illustrates that it can indeed be easier to enter Canada without being reported for a PR with a valid PR card, despite being in breach of the PR RO. It does not mean it will usually work that way, let alone is likely to work that way. PRs with a history of recently coming and going are more likely to get a pass. But the longer the most recent absence, the greater the risk of a PR RO compliance examination and, if in breach, being reported. And again, this can happen even if the PR has a valid PR card.


For the OP's scenario:

Traveling with an immediate family member who is well-settled in Canada may improve the odds of being allowed into Canada without being reported. No guarantee, and actually far from it. But it could make the difference.

 

[cheerup]

It took me less than one minute at the POE to enter without any problems. The guy was joking around. He asked me when did i leave last time. I told him the truth.

Thanks all.

 

[canuck78]

It took me less than one minute at the POE to enter without any problems. The guy was joking around. He asked me when did i leave last time. I told him the truth.

Thanks all.

You got lucky! Unfortunately not everyone does. I do think travelling with you wife helped.