6 Months less to fulfill PR obligation - Ways to enter Canada via USA

[kn2172]

Hi Friends,

Query 1) We are a family of 3. Currently, we planning to move permanently to Canada with our valid PR Cards.
We actually wanted to move, but my uncle & his wife were on death bed till January.
After this, Corona stepped in.

Options on mind :

1) via Air: India to Toronto as soon as flights resume.
2) via Air (via the USA) using a B1 visa instead of PR cards.
3) via train from the USA using PR cards
4) via trains from the USA using B1 Visa
5) via road from the USA using PR cards
6) via road from the USA using B1 Visa

- Please suggest which option # has the least risk of being reported.
- Please suggest what happens when you enter Canada using US B1 visa at Canadian POE, will they ask me about my PR card or PR status.
My priority was to via least risky option i.e. B1 visa & stay in there for more than 2 years and get PR renewed.

Query 2) If we are reported and we file a IAD appeal , can I travel out of Canada and come back for few days ?

Please help. Thanks

 

[Bs65]

Your B1 US visa is of course zero interest to CBSA at the land border only your PR card or COPR. Unless I missed some loophole You cannot enter Canada with just a US B1 visa which is obviously for entering the US so your PR status will be required.

If you have failed the residency obligation then doesnt really make that much difference whether air or land you could be reported at either nobody could predict the odds and you could be asked about your RO at either or maybe not. Having a valid PR card could be a positive depending when expires but regardless as a PR you are entitled to enter the country.

Flights by the way from many countries may not start in earnest until June plus the US may have some restrictions in place for foreign national travel for a while in addition to any US/Canada border restrictions which have just been extended another 30 days and if read correctly require anyone crossing the border to have not been outside the US at least in the previous 14 days prior to entering Canada

https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection/latest-travel-health-advice.html#_Canada-U.S._border_restrictions_1

Note not that improves the odds but as you would expect others have reported CBSA are more focused on COVID at the moment than on catching out people who have failed the RO. Of course this being a public forum people can say anything .

 

[canuck78]

Would add that having an ill aunt or uncle is not really a reason not to relocate to Canada unless they have no children or other family that can help them for the past 3 years. H&C reasons usually involve the illness of a parent with no other children or family available to help them with their medical needs.

Given the coronavirus you will need to be prepared for the chance of longterm unemployment so it is really not the ideal time to move to Canada. Make sure you have the savings to sustain your family for 6+ months if you move. There will also be more scrutiny at the POEs due to covid. Are you sure you are able to get a flight at the moment?

 

[kn2172]

Thank you @canuck78 for the information.

Just wanted to confirm the fact that a person holding a US B1 visa can enter Mexico & Canada without a Mexican or Canadian visa. It's like a visitor visa for Canada and US as well. Even if I wasn't a PR , I could enter Canada as a normal visitor.

So I was checking if some has done so , i.e. a person having both ( B1 visa and PR card ) has entered Canada on B1 visa instead of showing up his PR card. In this case also was he asked about his PR ?

 

[Bs65]

Thank you @canuck78 for the information.

Just wanted to confirm the fact that a person holding a US B1 visa can enter Mexico & Canada without a Mexican or Canadian visa. It's like a visitor visa for Canada and US as well. Even if I wasn't a PR , I could enter Canada as a normal visitor.

So I was checking if some has done so , i.e. a person having both ( B1 visa and PR card ) has entered Canada on B1 visa instead of showing up his PR card. In this case also was he asked about his PR ?

So where is the official Canadian Government link that shows that a US B1 business visitor visa alone allows someone to enter Canada , this simply cannot be factual ?

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1020&top=16

If you have a US B1 visa and are a PR of Canada then it is the latter that allows you to enter Canada without your PR card in hand given CBSA would see you are a PR in the system, name DOB for example in passport, the US B1 visa is for the US only and of no interest to CBSA other than if they want to refuse entry that you could be reurned to the US..

So to sum up just showing a US B1 visa to CBSA on its own will not gain entry to Canada, only if a PR or having either a visa exempt passport or a TRV or a Canadian passport.

 

[Besram]

Thank you @canuck78 for the information.

Just wanted to confirm the fact that a person holding a US B1 visa can enter Mexico & Canada without a Mexican or Canadian visa. It's like a visitor visa for Canada and US as well. Even if I wasn't a PR , I could enter Canada as a normal visitor.

So I was checking if some has done so , i.e. a person having both ( B1 visa and PR card ) has entered Canada on B1 visa instead of showing up his PR card. In this case also was he asked about his PR ?

Even if a US visa allowed you to enter Canada as some sort of visitor (which I highly doubt), it won't be of much use to you. CBSA will be able to see that you are a permanent resident based on your passport data and other personal identifiers.

Trying to enter Canada pretending you aren't a PR when in fact you are is a sure way to provoke the ire of border officers and will almost certainly lead to a closer investigation of your status and admissibility.

 

[scylla]

Thank you @canuck78 for the information.

Just wanted to confirm the fact that a person holding a US B1 visa can enter Mexico & Canada without a Mexican or Canadian visa. It's like a visitor visa for Canada and US as well. Even if I wasn't a PR , I could enter Canada as a normal visitor.

So I was checking if some has done so , i.e. a person having both ( B1 visa and PR card ) has entered Canada on B1 visa instead of showing up his PR card. In this case also was he asked about his PR ?

A US B1 does not allow someone to enter Canada as a tourist. You will need to show your PR card.

Canada and the U.S. are two completely separate countries. A B1 is not recognized as a tourist visa for Canada. Not sure who told you this but it is 100% wrong.

 

[kn2172]

Thank You so much for everything, most of the things are clear now.

Now the questions remain:

1) While entering with PR cards which are 6 months short of PR obligation, which is the best way to enter Canada.

- Directly to Canada by Air ( Toronto or Vancouver )?

- Via train from the USA?
( I heard that PR card is not scanned at the train station and just checked whether it's valid or not, is this true? Has anyone experienced going by train ? )
( which will be the best entry point to enter Canada ? )

- Via road from the USA?
(which will the best route to take ?)

Please advise, thanks.

 

[Bs65]

Look the reality is that if you have a valid PR card or not you as a PR are entitled to enter Canada. Whether you get reported or not is upto the CBSA officer you encounter at the border which ever way you try to enter Canada. Having a valid card at least makes things easier than others who do not or have to apply for a PRTD with failed RO so you potentially have better odds of not being reported, nobody can say.

There is no easy option whether Air, road or even train you still need to pass through immigration so you just have to decide which one works for you keeping in mind the current restrictions by the way crossing by land from the US where with current restrictions you need to have been in the US for at least 14 days before you try to enter Canada and then 14 days mandatory isolation as well once in Canada.

Note the 14 day in US rule is not clear other than states applies to foreign nationals which obviously a PR still could be categorised as so sort of contradicts that citizens/PRs are allowed to enter without a restriction. So subject to interpretation whether applies or not, but for sure 14 day quarantine is mandatory.

Anyone can come on here and say they had no issues with either Air or land but that only will be for them at the time , everyone is different so you need make a choice and go with it if PR is so important to you, or just keep deliberating as the months of failing RO accumulate,

https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/travel-restrictions-exemptions.html

https://www.amtrak.com/crossing-the-us-canadian-border