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Can a PR be deemed illegal?

deadinside

Full Member
Mar 2, 2024
36
5
What happens if a person with expired PR card (not meeting RO) and holding a US passport enters into Canada via land border / airport? I assume that they will be let in due to their US passport, BUT -

Do they have to disclose that they are a PR holder? Are they still examined for their RO status? And if they don't disclose their PR, can they stay in Canada for 3 years and evnetually apply for Canadian citizenship?

Similarly, what happens if a US passport holder with an expired Canadian PR card (and not meeting RO) enters Canada via an unmanned border and then does not leave? Can they apply for Canadian citizenship?

This seems like a grey area.
 

scylla

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What happens if a person with expired PR card (not meeting RO) and holding a US passport enters into Canada via land border / airport? I assume that they will be let in due to their US passport, BUT -

Do they have to disclose that they are a PR holder? Are they still examined for their RO status? And if they don't disclose their PR, can they stay in Canada for 3 years and evnetually apply for Canadian citizenship?

Similarly, what happens if a US passport holder with an expired Canadian PR card (and not meeting RO) enters Canada via an unmanned border and then does not leave? Can they apply for Canadian citizenship?

This seems like a grey area.
It's not a grey area.

- They will be allowed into Canada regardless
- Computer systems will most likely recognize them as a PR
- They may or may not be questioned about failing to meet RO by CBSA
- They may or may not be reported by CBSA for failing to meet RO
- If they are not reported, they can certainly remain in Canada until they meet the citizenship residency requirements and then apply for citizenship
- If they are reported, they will need to appeal the loss of their PR status and make an H&C argument for retaining PR
 

deadinside

Full Member
Mar 2, 2024
36
5
It's not a grey area.

- They will be allowed into Canada regardless
- Computer systems will most likely recognize them as a PR
- They may or may not be questioned about failing to meet RO by CBSA
- They may or may not be reported by CBSA for failing to meet RO
- If they are not reported, they can certainly remain in Canada until they meet the citizenship residency requirements and then apply for citizenship
- If they are reported, they will need to appeal the loss of their PR status and make an H&C argument for retaining PR

What about the second scenario that I've outlined - Suppose a person with expired PR card (and not meeting RO) enters into Canada ILLEGALLY via the long unmanned US land border, what happens then? Is he deemed illegal? Or can he stay in Canada for 3 years and apply for citizenship? I would not be surprised if this is already happening, given how long the US/Canada Border is.
 

scylla

VIP Member
Jun 8, 2010
96,463
22,559
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
What about the second scenario that I've outlined - Suppose a person with expired PR card (and not meeting RO) enters into Canada ILLEGALLY via the long unmanned US land border, what happens then? Is he deemed illegal? Or can he stay in Canada for 3 years and apply for citizenship? I would not be surprised if this is already happening, given how long the US/Canada Border is.
Sorry, I missed the illegal entry part. They may have issues proving residency days since there will be no official record of their entry into Canada. I would foresee that potentially being a significant issue when they apply.
 

Ponga

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Oct 22, 2013
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What happens if a person with expired PR card (not meeting RO) and holding a US passport enters into Canada via land border / airport? I assume that they will be let in due to their US passport, BUT -

Do they have to disclose that they are a PR holder? Are they still examined for their RO status? And if they don't disclose their PR, can they stay in Canada for 3 years and evnetually apply for Canadian citizenship?

Similarly, what happens if a US passport holder with an expired Canadian PR card (and not meeting RO) enters Canada via an unmanned border and then does not leave? Can they apply for Canadian citizenship?

This seems like a grey area.
So...if `a person' that is a PR of Canada with an expired PR Card (the card expires; status does not, but can be revoked) sneaks into Canada...how would CBSA and, eventually IRCC know that they have returned? After 3 years they could apply for citizenship (maybe), but where is their proof that they entered Canada and on what day?

As mentioned a PR does NOT need a valid card to return to Canada at a PoE (legal land border crossing) and most U.S. citizens are able to fly [back] to Canada with just their U.S. passport. Why go down a rabbit hole that may backfire?
 

Copingwithlife

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Jul 29, 2018
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What about the second scenario that I've outlined - Suppose a person with expired PR card (and not meeting RO) enters into Canada ILLEGALLY via the long unmanned US land border, what happens then? Is he deemed illegal? Or can he stay in Canada for 3 years and apply for citizenship? I would not be surprised if this is already happening, given how long the US/Canada Border is.
Oh boy

And what happens if you’re caught ?

Why are you focusing on citizenship, if you can’t even meet your RO ?

You elected to stay in the United States on your H1-B
You can’t mention the economy or covid
 
Last edited:

deadinside

Full Member
Mar 2, 2024
36
5
Oh boy

And what happens if you’re caught ?

Why are you focusing on citizenship, if you can’t even meet your RO ?

You elected to stay in the United States on your H1-B
You can’t mention the economy or covid
What? I'm asking a question about a hypothetical situation and trying to better understand immigration laws and rules. Why are you assuming that I'm going to cross this border illegally? Turn down your rhetoric dude. You are not adding anything useful to this conversation.