Urgent Help for travel outside canada

[sharmausct]

Hello All,

My wife's mother is very sick and she needs to travel India. However, she is will not be meeting RO if she leaves and re-enter.

Her time line:
PR landing: Jan 15 2015
Completion of 730 days in last five years: 1 May 2020
PR card Expiry: 21 Feb

If she travel out and return back to Canada before Feb 21, then what are the chances of her reported at airport? Can this medical reason help her no reported at airport? But the thing is she is already not meeting RO by 2 months which was not because of this medical reason.


I have heard that it is possible to enter via US on land without a PR card and chances of reported for RO are less. Is it true?

 

[canuck_in_uk]

Hello All,

My wife's mother is very sick and she needs to travel India. However, she is will not be meeting RO if she leaves and re-enter.

Her time line:
PR landing: Jan 15 2015
Completion of 730 days in last five years: 1 May 2020
PR card Expiry: 21 Feb

If she travel out and return back to Canada before Feb 21, then what are the chances of her reported at airport? Can this medical reason help her no reported at airport? But the thing is she is already not meeting RO by 2 months which was not because of this medical reason.


I have heard that it is possible to enter via US on land without a PR card and chances of reported for RO are less. Is it true?

No one can give you chances. Her mother's illness is not an explanation for failing to meet the RO. Her risk to take.

 

[Besram]

The risk is impossible to quantify, as @canuck_in_uk mentioned. Some further considerations:

• Travellers may face additional scrutiny at the border when their PR card is close to expiry - there are quite a few appeal cases where people got reported in this scenario
• It is fair to assume that the risk of being asked additional questions goes up if the traveller does not have a valid PR card. It also means travelling via the US on non-commercial transport is the only option to get back in. A PRTD will almost certainly be refused without a strong H&C case.
  
• Since your wife does not meet the RO currently, she must have previously entered Canada while in breach. If she was previously given a warning because of this, she may have been flagged for secondary in any case
• Whether or not H&C reasons will be accepted will depend on a) the reasons for this trip (which likely qualifies) but also b) on the reasons for not meeting the RO prior to taking the currently planned trip.
  
• Definitely worthwhile taking any documents that can assist with arguing H&C if she decides to take the trip
  
• Her breach is not substantial (depends on when she returns, of course), so that is a positive consideration and might lead to more leniency at the border. That said, there are cases where people got reported for fewer days of non-compliance.
  
• If she gets reported, the chances of winning an appeal with a smaller breach are generally better than with a massive breach, all else being equal. But they are still not great - most people lose their appeal.

 

[steaky]

Why your mother-in-law cannot be treated in Canadian hospital? Are hospital in India better? If she can be treated here, she wouldn't need to worry about not meeting RO.

 

[canuck78]

Why your mother-in-law cannot be treated in Canadian hospital? Are hospital in India better? If she can be treated here, she wouldn't need to worry about not meeting RO.

she isn’t Canadian and does live here so wouldn’t fly to Canada to pay for medical care she may not be able to afford. Would add and put strain on our own medical system. After international patients are stabilized they are told to pursue treatment at home since Canadian patients are in need of the bed.

 

[armoured]

My wife's mother is very sick and she needs to travel India. However, she is will not be meeting RO if she leaves and re-enter.

I think there is confusion here about who you are referring to as the PR not meeting RO.

Is your wife the PR and she needs to travel to India (to assist her mother or whatever it is)? Or is your wife's mother the PR who is sick?

It may also help to provide some background information - if it's your wife who is the PR, does she factually reside in Canada? How much of the recent years ahve been in Canada?

 

[sharmausct]

My wife is pr and she is in Canada at the moment. She has completed around 670 days in last five years. She will complete 730 days in last five years on may 1 2020.

I have mentioned these in my first post..her time line is

Her time line:
PR landing: Jan 15 2015
Completion of 730 days in last five years: 1 May 2020
PR card Expiry: 21 Feb

 

[armoured]

My wife is pr and she is in Canada at the moment. She has completed around 670 days in last five years. She will complete 730 days in last five years on may 1 2020.

I have mentioned these in my first post..her time line is

Thank you, now more clear. I don't have much to add to posts above, she may face serious challenges if she chooses to leave.

 

[steaky]

she isn’t Canadian and does live here so wouldn’t fly to Canada to pay for medical care she may not be able to afford. Would add and put strain on our own medical system. After international patients are stabilized they are told to pursue treatment at home since Canadian patients are in need of the bed.

I thought she was the PR who is sick in Canada but due to reasons had to return to India for treatment. OP's first post isn't clear as the other poster said earlier.

 

[rish_ind]

@sharmausct ,

one point to note: if you are calculating exactly 730 days and she leaves immediately after that(i.e. May), she might meeting RO while leaving but not when returning due to rolling 5 yrs RO.

Others can comments if my comments make sense or wrong!
Thanks

 

[spirit.varun]

I have heard that it is possible to enter via US on land without a PR card and chances of reported for RO are less. Is it true?

Absolute BS, US/Canada share arrival/departure records, super fool proof system.

Now, why would CBSA allow you in w/o PR ?, if you don't have PR at the moment, they would reject you, and when you turn back into US, you have to give the reason why you were refused entry (as you just went to CA), you can't lie here, CBP will check the records and can make a call if the uploaded data is delayed),. and they will automatically get the data from CBSA who moments before you didn't permit into Canada.

Seriously, stop posting idiocracies/ fallacies !!

 

[canuck_in_uk]

Absolute BS, US/Canada share arrival/departure records, super fool proof system.

Now, why would CBSA allow you in w/o PR ?, if you don't have PR at the moment, they would reject you, and when you turn back into US, you have to give the reason why you were refused entry (as you just went to CA), you can't lie here, CBP will check the records and can make a call if the uploaded data is delayed),. and they will automatically get the data from CBSA who moments before you didn't permit into Canada.

Seriously, stop posting idiocracies/ fallacies !!

I would suggest you stop posting until you actually learn what you are talking about.

OP's spouse is still a PR and has the right of entry, which means that she will be granted entry to Canada regardless of whether she meets the RO or not.

 

[spirit.varun]

I would suggest you stop posting until you actually learn what you are talking about.

OP's spouse is still a PR and has the right of entry, which means that she will be granted entry to Canada regardless of whether she meets the RO or not.

Right back at ya !,
OP is asking to enter w/o PR card in Canada, so my response was to that and that including border crossings mis-conceptions!

OP's extracted post:

Hello All,
...
I have heard that it is possible to enter via US on land without a PR card and chances of reported for RO are less. Is it true?

 

[Bs65]

Just to clarify here that a PR card is not the only option to establish ID and whether a PR or not when returning via a land border by private vehicle for example or also assume on foot..

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=064&top=10

https://www.cbsa-asfc.gc.ca/travel-voyage/td-dv-eng.html

Once someone is a PR they are always a PR until their PR status is either revoked or renounced.

Even if someone turns up at the border and it is discovered they have failed the RO and they are reported they have the right to appeal from within Canada. Only the report is a CBSA border action, the revoke process is not an immediate on the spot border action ,that follows a process.

As for odds of not being reported having failed the RO by trying to enter without a PR card but with one of the alternative ID options although anything on this forum is only speculation given every situation is different I would speculate an individual is more likely to be investigated/reported in that scenario. There is no way for anyone to predict given best case nothing at all may happen, there are no statistics one way or the other.

Obviously if someone is no longer a PR should their PR status already have been revoked or renounced then they would not be allowed into Canada without a TRV or a visa exempt passport but that is not the discussion point here from the OP given the OPs wife is still a PR regardless of the RO status..

Finally nobody disputes that CBSA/CBP share border information and other intelligence

 

[canuck_in_uk]

Right back at ya !,
OP is asking to enter w/o PR card in Canada, so my response was to that and that including border crossings mis-conceptions!

OP's extracted post:

And your response is still wrong. It is 100% possible to enter Canada as a PR without a PR card, as shown in the links in the above post.