Can I cross US-Canada border with an expired PR Card?

[fancity]

Hi,

I live in UAE and the validity of my PR Card expired in Nov 2008. I have not met the residency requirement (i.e. I have not stayed in Canada for 730 days during the last 5 years – I have just stayed in Canada for two weeks in 2003) and hence can't apply for PR card renewal nor PRTD (Permanent Resident Travel Document)

I am unlikely to be successful if I relinquish my expired PR Card and reapply for Permanent Residency. I am an accountant by profession and I understand that I no longer qualify under the current 29 occupations for Federal Skilled Worker. Under this circumstance, I wish to revalidate my PR Card, if possible.

From one of the websites, I read that "Individuals, who can get to a Canadian Port of Entry, other than by commercial carrier, do not require a Travel Document or Canadian Permanent Resident Card." i.e. If I obtain a visit visa to USA, can I cross the US-Canada border in a private car with my expired PR card? Once I come to Canada, can I apply for my PR Card renewal? Please advise.

Thanks,

 

[mtlguy]

I think you have misunderstood the requirements.

If you are a PR of Canada, you need to show your PR card if using a commercial mode of transport. If you are driving across the border from US in your own car or a rented car, you do not have to show your PR card..but they will still need to see a student visa, work visa, business visa or the COPR attached to your passport if you claim to be PR. This means that one can make use of the above clause only if they are a PR of Canada and have been maintaining the PR status.

As far as your case is concerned, I personally do not think that you will be able to enter Canada as a PR or invoke your PR status.

Are you considering a short stay in Canada or is your move permanent?

If I were you, I would apply for the appropriate TRV if it is a short stay.

If you would like to try your luck call the CBSA (the specific border you plan on crossing) and explain your case. Let them know why you were unable to move to Canada then and why you would like to move to Canada now. If they tell you that they might let you in, get the name and ID of the officer and who knows you might get lucky.

Good luck!

 

[fancity]

Thanks - what you said makes sense.
I wish to move to Canada permanently by 2015.

 

[Leon]

If you show up at the border with an expired PR card, they might let you in but they might ask you how long you have been outside Canada and if you tell them, it is likely that they will start procedures to revoke your PR status as you have not met the residency requirements. You will have the chance to appeal their decision but no guarantee of success. If you do get into Canada with your expired PR card without a problem and if you stay in Canada for the next 730 days, you can apply for your PR card renewal and your PR status will be good again. If you apply for a PR card renewal before you reach the 730 days, you raise the problem again that you have actually lost your PR status due to residency requirements and so they may decide to revoke your PR status because of that.

 

[mtlguy]

If you plan on moving to Canada by 2015, what is the primary reason for your Canadian visit in 2010? I do not understand your motive. Do you just plan on trying to maintain your PR status until 2015 so that you can move in 2015?

Thanks - what you said makes sense.
I wish to move to Canada permanently by 2015.

 

[fancity]

Since I didn't fulfil the residency requirement, I was planning to relinquish my PR card and reapply for PR. I am an accountant and I learn that my profession is no longer in the "Federal Skilled Worker" list and the chance of success on repplication is rather bleak. I do not plan a visit to Canada in 2010. I was just exploring the possibilities (even if remote) of validating the expired PR Card when I wish to move in 2015.

 

[Leon]

If you show up with a PR card expired for 5 years in 2015, they will not even have to ask, they will know that you do not meet the residency requirements so it's unlikely that they will let you keep your PR.

There are other ways to get PR again though. If you can get a job offer, you have the possibility to apply under skilled worker or under a PNP. In 5 years, accountants could be back on the list too.