Can I enter Canada through the US with an Expired PR Card

[Shubhrak]

Hi, I've been reading advice here on entering Canada through the US by land in a private vehicle.

I have an Indian passport. My PR Card expired in 2013. Will they let me into Canada if I cross the Niagara bridge? Or would they too want to see some sort of travel document for entry into Canada?

If I can get entry, I intend to live in Canada for the next 2 to 3 years so that my PR status is valid again. I am willing to forego the health benefits during this time, and won't be driving a car.

But considering I'd be flying in all the way from Delhi, India, I do not want to be turned away at the crossing point between US and Canada.

Getting a visitor visa to the US should not be a problem for me, since I lived and worked there for 4 years and have never violated any visa conditions anywhere on the planet.

Do advise! I have compelling reasons to want to leave India and start a new chapter of my life in Canada.

Many thanks in advance.

 

[Leon]

You will be allowed to enter Canada with an expired PR card but they will ask you how long you were outside Canada and for what reason and if they find that you don't meet the PR residency obligation (RO) of 730 days in the past 5 years, they can report you.

If they report you, they will still let you enter and you will have 30 days in order to make an appeal. Winning your appeal would be based on the reasons you didn't meet the RO. You will remain a PR and be allowed to stay in Canada during your appeal processing which can take 1-2 years. If you win your appeal, you remain a PR, if you lose, you lose your PR and they will ask you to leave.

If you don't get reported, you have to stay for 2 years straight in order to meet the RO and put your PR status back in good standing. Only after that can you apply to renew your PR card.

You might be able to get health care without a valid PR card. You would have to apply and see what happens. If you stay in Ontario, you should be able to get a drivers license there without a PR card too.

 

[Shubhrak]

Leon: Even if I can enter Canada with an expired PR Card, they won't let me cross Immigration here in Delhi if I don't have a valid visa/PR Card. So I would have to get a visitor visa to Canada. Now that's where the problem is: the visa officers in Delhi will check my record and know that I have a PR card. Won't they ask me to first surrender my PR? Is it possible that they will still give me the visa? And if they give it, will I be allowed entry into Canada once I reach Toronto airport Immigration? Thanks so much for your help.

 

[scylla]

Leon: Even if I can enter Canada with an expired PR Card, they won't let me cross Immigration here in Delhi if I don't have a valid visa/PR Card. So I would have to get a visitor visa to Canada. Now that's where the problem is: the visa officers in Delhi will check my record and know that I have a PR card. Won't they ask me to first surrender my PR? Is it possible that they will still give me the visa? And if they give it, will I be allowed entry into Canada once I reach Toronto airport Immigration? Thanks so much for your help.

Yes - the visa officers in Delhi will know you have PR and will refuse the visitor visa unless you first surrender your PR status in Canada. It will be impossible for you to obtain a visitor visa to Canada as long as you still have PR status in Canada.

 

[Shubhrak]

That is what I thought, Scylla. So I will apply for a TD as you had suggested. Will also put in an appeal to consider letting me retain my PR status. I think that is the only option left. Thanks

 

[scylla]

That is what I thought, Scylla. So I will apply for a TD as you had suggested. Will also put in an appeal to consider letting me retain my PR status. I think that is the only option left. Thanks

I don't think that's the only option.

Why would immigration in Delhi expect to see a valid Canadian PR card or Canadian visitor visa if you are visiting the US? I don't understand this and don't think this is correct.

 

[Shubhrak]

Scylla and Leon, since this is crucial to me, let me ask you again: The border crossing personnel manning the crossing between US and Canada at Niagara cannot turn me back? They can only question and report me to the Immigration authorities in Canada, during which time I can live in Canada?

If that is the case, I can simply apply for a US visa and cross over to Canada. Since I intend to stay there for 2 years, I will be able to restore my PR status. Is it possible? Hoping you will say YES because this is something I can totally do. I have a whistle clean record of my stay in the US, where I worked on an H1B for 4 years. Thank you both so much. You are very kind.

 

[scylla]

If that is the case, I can simply apply for a US visa and cross over to Canada. Since I intend to stay there for 2 years, I will be able to restore my PR status. Is it possible? Hoping you will say YES because this is something I can totally do. I have a whistle clean record of my stay in the US, where I worked on an H1B for 4 years. Thank you both so much. You are very kind.

Leon already answered this question. See his response above.

You will be allowed to enter Canada but you may or may not be able to keep your PR status.

 

[Shubhrak]

Sounds like the best way to get back into Canada, then. The PR status part of it will just have to be left to chance. I am willing to take that risk. However, since I'd need to stay on in Canada for 2 continuous years or until I am told to leave, will I not be violating the US Visitor visa given to me? Usually, the B1/B2 visa is given only for 6 months, even if it a multi entry one.

 

[scylla]

Sounds like the best way to get back into Canada, then. The PR status part of it will just have to be left to chance. I am willing to take that risk. However, since I'd need to stay on in Canada for 2 continuous years or until I am told to leave, will I not be violating the US Visitor visa given to me? Usually, the B1/B2 visa is given only for 6 months, even if it a multi entry one.

Your question doesn't make sense. You will be leaving the US when you enter Canada. They are two different countries.

 

[Shubhrak]

Ok, so there would be no violation of the US visa either. Sorry, I just want to err on the side of caution. I'm going to start making my plans now and give this a shot. Thanks for your patience.