Walking across US border without PR Card

[Denster]

We got our PR in 2017 and did our landing then as well. I couldn't stay in Canada for too long due to my mother's serious health condition (and I never got my PR Card due to an issue with my Photo). However, my wife has been in Canada since 2019. I also purchased a house last year in Canada, along with my wife.

I travelled to Canada from US last year by using PRTD which I got on humanitarian grounds, since I haven't been able to fulfill residency obligation. During my stay in Canada, I took part in various job interviews and also applied for PR Card. However, I had to travel to US and India last month due to urgent business requirements and to also urgently wrap up my business assets here. Now, I have a secured job offer from a Canadian business with a joining date in 1st week of April'22 (roughly 6 weeks from now).

So what are my options given that I have to be Canada by 1st week of April? First opinion would be that my PR Card comes by Mar'22 and my wife can then hand it over to me. But given current processing times, that seems unlikely. Second option is PRTD. But PRTD took more than 6 months to come last year, so I think that option is ruled out. Third option is that I cross over via US border which I know will be complicated as well since the border official will ask me about my residency obligation.

I guess the best option would be to try the border route and I will carry all supporting documents with me. And for additional backup, I will ask my wife also to reach border in case it goes into a discussion.

I don't think the border officer should turn me back, given the following facts:

1) IRCC granted me PRTD last year valid till Apr-22, though I have used it once since. But it effectively means that IRCC has revalidated my PR status.
2) I have a house in Canada with a mortgage in my name
3) My wife is there
4) I had legitimate reasons to be away from Canada due to my mum being bed ridden for multiple months
5) I have a job offer in hand

 

[armoured]

I don't think the border officer should turn me back, given the following facts:

1) IRCC granted me PRTD last year valid till Apr-22, though I have used it once since. But it effectively means that IRCC has revalidated my PR status.
2) I have a house in Canada with a mortgage in my name
3) My wife is there
4) I had legitimate reasons to be away from Canada due to my mum being bed ridden for multiple months
5) I have a job offer in hand

The officer will not turn you back - the question is whether you will be reported for non-compliance or just waved through, possibly with a warning.

Regardless, my view is that your safest bet is to return as you suggest through USA and calmly, concisely explain. If you get reported you will still be able to work and your chances of winning an appeal better within Canada, working, and with spouse than outside as well as the reasons you left.

About the only comment of substance I have is that still, the sooner you return, the better - both for phsyical presence and to coincide with your narrative that you had to leave on urgent basis and really did/are trying to return as soon as feasible.

 

[Denster]

The officer will not turn you back - the question is whether you will be reported for non-compliance or just waved through, possibly with a warning.

Regardless, my view is that your safest bet is to return as you suggest through USA and calmly, concisely explain. If you get reported you will still be able to work and your chances of winning an appeal better within Canada, working, and with spouse than outside as well as the reasons you left.

About the only comment of substance I have is that still, the sooner you return, the better - both for phsyical presence and to coincide with your narrative that you had to leave on urgent basis and really did/are trying to return as soon as feasible.

Thanks! Yes, what you said makes complete sense.

 

[canuck78]

Thanks! Yes, what you said makes complete sense.

You really should plan on remaining inCanada for 2 years when you return. The more time you come and go not meeting your RO the less flexible IRCC and CBSA becomes.

 

[Denster]

You really should plan on remaining inCanada for 2 years when you return. The more time you come and go not meeting your RO the less flexible IRCC and CBSA becomes.

Yes, completely understand. We as a family are fully committed to Canada. It's just that with elderly and sick parents and so much business and other assets in other parts of the world, coupled with the pandemic, it was difficult for me to be in Canada these past few years.

I hope that IRCC and CBSA sees the fact that I've bought a house in Canada, secured a job in Canada and transferred 1000s of dollars to Canada in past few weeks. And also that my wife has been living and working in Canada for almost 3 years now. And with all of my assets and obligations outside Canada wrapped up now, I see no reason to leave Canada once in.

 

[canuck78]

Yes, completely understand. We as a family are fully committed to Canada. It's just that with elderly and sick parents and so much business and other assets in other parts of the world, coupled with the pandemic, it was difficult for me to be in Canada these past few years.

I hope that IRCC and CBSA sees the fact that I've bought a house in Canada, secured a job in Canada and transferred 1000s of dollars to Canada in past few weeks. And also that my wife has been living and working in Canada for almost 3 years now. And with all of my assets and obligations outside Canada wrapped up now, I see no reason to leave Canada once in.

Assume you have also filing taxes on your international income if your spouse is in Canada and you bought a home in Canada since you would be considered a tax resident in Canada during that time. Nothing can replace being in Canada. Given that you landed in 2017 it’s tough to keep using wrapping up business as a reason after 5 years.

 

[Denster]

Assume you have also filing taxes on your international income if your spouse is in Canada and you bought a home in Canada since you would be considered a tax resident in Canada during that time. Nothing can replace being in Canada. Given that you landed in 2017 it’s tough to keep using wrapping up business as a reason after 5 years.

Yes, I completely understand.
As mentioned, it was not just wrapping up business. My elderly suffered from a medical condition and was bed ridden for months. There was no way I could possibly leave her in that condition at that time. I have medical records of her surgery and hospitalization. And then, add Covid-19 restrictions which lasted for almost a year. But yes, since past 6-8 months, the delay has been primarily due to business wrap up and sell off of assets.

With all of my financial assets, house, wife and job now in Canada, I am completely committed to staying in Canada for next several years and I just hope that CBSA allows me through the border.