Crossing the border with expired PR card

[Wait4life]

No US customs could refuse to let you into the US for misrepresentation because you are not intending to be a US student.

What you mean NO? I am enrolled in US university and I have everything why would they don’t let me enter?

For Canada, same I am enrolled in classes in Canadian university and paid my domestic fee for one semester. I can show these proofs at PoE including my H&C reason. In addition, I can prove that I intend to live in canada from
Now on.

 

[canuck78]

What you mean NO? I am enrolled in US university and I have everything why would they don’t let me enter?

For Canada, same I am enrolled in classes in Canadian university and paid my domestic fee for one semester. I can show these proofs at PoE including my H&C reason. In addition, I can prove that I intend to live in canada from
Now on.

They could ask you if you've paid your fees, etc.You are misleading customs things can go wrong.

 

[canuck78]

I also believe you also applied for a prtd so that's another issue that can come back and be a problem for you.

 

[Buletruck]

I am enrolled in US university and I have everything why would they don’t let me enter?

There is the possibility the CBP officer doesn’t believe you are a genuine student and refuses you entry. But again, that’s all luck of the draw.
As far as H&C, IMO your current PR renewal will be the biggest drawback. You have, in essence, misrepresented yourself on the renewal form, and that’s a whole different kettle of fish from H&C that “may” come back to bite you down the road.
As for “proof” you’ll remain in Canada from now on, I doubt there is any such tangible proof anyone could ever present that is that solid. You could provide all the proof in the world and jump on a plane the day after you get a PR card and not return for years. And IRCC and CBSA know that. Unfortunately, I’m sure that’s been tried many times before, unsuccessfully.

 

[Wait4life]

I also believe you also applied for a prtd so that's another issue that can come back and be a problem for you.

Nope. Why I need to appy for PRTD if I can cross border?

 

[Wait4life]

There is the possibility the CBP officer doesn’t believe you are a genuine student and refuses you entry. But again, that’s all luck of the draw.
As far as H&C, IMO your current PR renewal will be the biggest drawback. You have, in essence, misrepresented yourself on the renewal form, and that’s a whole different kettle of fish from H&C that “may” come back to bite you down the road.
As for “proof” you’ll remain in Canada from now on, I doubt there is any such tangible proof anyone could ever present that is that solid. You could provide all the proof in the world and jump on a plane the day after you get a PR card and not return for years. And IRCC and CBSA know that. Unfortunately, I’m sure that’s been tried many times before, unsuccessfully.

As far as I know, by law they can’t deny my entry to Canada. They can issue me a removal order and ask me to appeal. Still they let me enterz. Nothing more than that, If I am not wrong.
If by any luck they let me cross the border without a report. The first thing I am going to do is withdrawing my pr renewal application and simply live for 2 years and get my pr easy.

 

[Buletruck]

As far as I know, by law they can’t deny my entry to Canada.

You would be right. As long as you can get to a POE, you’ll be allowed into Canada. Whether the report you or not, is again luck of the draw.
As far as withdrawing your application, that’s entirely up to IRCC if they will or not. It would depend on where it is in processing. Given you applied in January, I suspect withdrawal won’t be possible now.
Again, innovative approach and it would be interested in how it works for you.

 

[Wait4life]

You would be right. As long as you can get to a POE, you’ll be allowed into Canada. Whether the report you or not, is again luck of the draw.
As far as withdrawing your application, that’s entirely up to IRCC if they will or not. It would depend on where it is in processing. Given you applied in January, I suspect withdrawal won’t be possible now.
Again, innovative approach and it would be interested in how it works for you.

I have seen people withdrawing pr renewal application easily after receiving RO questionnaire.

My school in Canada will be for two years. Hope they get convince about my future plan to settle in Canada. My brother is already citizen of Canada.

 

[canuck78]

I have seen people withdrawing pr renewal application easily after receiving RO questionnaire.

My school in Canada will be for two years. Hope they get convince about my future plan to settle in Canada. My brother is already citizen of Canada.

Unfortunately CIC doesn't really care about your course length or having family members in Canada. You'll have to see what happens. Nothing you can do about it now.

 

[Wait4life]

Unfortunately CIC doesn't really care about your course length or having family members in Canada. You'll have to see what happens. Nothing you can do about it now.

Yeah! I hope for best. Can i deny to sign on any document at PoE and ask them that I need to contact my lawer before signing anywhere?

 

[Bs65]

Yeah! I hope for best. Can i deny to sign on any document at PoE and ask them that I need to contact my lawer before signing anywhere?

If CBSA decide at the border that you have not met your residency obligation nothing you can do about it as what will happen will just happen. If for example you imply you want to contact your lawyer then in effect you are confirming to them that there is an issue with your residency .

The fact that your PR card renewal has exceeded the processing time could well mean your residency is being subject to further review so any damage already done there even if you could withdraw it. Any misrepresentation you may have made on that application could as others have said come back on you whether you get into the country or not

Do you have a SIN which you will need to be able to work, if not then believe this might be a challenge until back in status.

Your plan whilst interesting has a few areas on the way where you could easily trip up starting with entry to the US even if you have a study visa, if it all works then fine , although as said by previous posters any misrepresentation on the PR card renewal could still come back on you.

 

[Wait4life]

If CBSA decide at the border that you have not met your residency obligation nothing you can do about it as what will happen will just happen. If for example you imply you want to contact your lawyer then in effect you are confirming to them that there is an issue with your residency .

The fact that your PR card renewal has exceeded the processing time could well mean your residency is being subject to further review so any damage already done there even if you could withdraw it. Any misrepresentation you may have made on that application could as others have said come back on you whether you get into the country or not

Even though you have paid a domestic fee in Canada do you have a plan to demonstrate to the college your PR status if challenged? Do you have a SIN which you will need to be able to work, if not then believe this might be a challenge until back in status.

I have already challenged my school, when they charged me international fee and I simply won it. PR card is basically to travel in and out of country. Expired card doesn’t allow my school to charge me with international fee. I simply sent them my landing document and they reduced my fee to domestic. I already have my health card and SIN.
I have not provided any misleading information on my renewal application. I wonder why didn’t they contacted me yet regarding application, by now they could have sent me something but nothing yet.

 

[Bs65]

I have already challenged my school, when they charged me international fee and I simply won it. PR card is basically to travel in and out of country. Expired card doesn’t allow my school to charge me with international fee. I simply sent them my landing document and they reduced my fee to domestic. I already have my health card and SIN.
I have not provided any misleading information on my renewal application. I wonder why didn’t they contacted me yet regarding application, by now they could have sent me something but nothing yet.

Fine but on the PR renewal you would then I assume have declared honestly your history in q19/20/21 so is now on record in the system somewhere you have not met the residency obligation. Cannot answer why you have not heard anything unless you gave a Canadian address to get over fact that PR cards cannot be renewed from outside Canada anyway so correspondance may have been sent there.

Ultimately if your plan works then fine all anyone can do here is speculate what may or may not happen which is why assume you posted on a forum anyway to get some validation.

Final point with CBSA always only answer questions asked honestly do not volunteer information. With an expired card it is more than likely you could be asked when you were last in Canada so be prepared with an honest answer

Good luck anyway and if it works come back on here and tell everybody

 

[Buletruck]

Can i deny to sign on any document at PoE and ask them that I need to contact my lawer before signing anywhere?

Not sure what you would accomplish by refusing to sign anything. Not signing the document doesn’t mean the infraction didn’t occur, nor does it mean you are admitting guilt. It’s simply an acknowledgement you recieved the report. And Interesting thing about CBSA and the POE, given the essentially limitless powers they have to perform their duties, is that unless you are “detained”, they do not have to allow you access to legal council.

• if a foreign national is being examined and the examination does not go beyond what is required to establish admissibility, the person is not entitled to legal counsel;

That doesn’t mean they won’t allow council, but determining RO is considered part of the examination to establish admissibility. Refusing to sign would probably just end up in a situation where you may end up detained for more that just a RO violation and need legal council for something much more serious. Once it has been established you are a PR, you have the right to enter Canada, but it’s not a free pass. Until CBSA is satisfied that you meet admissibility requirements (and RO is one of those things), they don’t have to let you in.

I have not provided any misleading information on my renewal application.

How did you answer question 12 on the form? If you haven’t been back to Canada in 8 years, you couldn’t have a residential address (the place where you live). That is misrepresentation of fact.

 

[Bs65]

Just to add on CBSA powers they of course have the right to not only search any luggage but also any devices such as phones, iPads, laptops and if they feel really power crazy social media and email. Sounds extreme but is allowed in their remit even without a lawyer. Probably won’t happen to the OP but a bit of scaremongering never did any harm.