Katya_81 said:
Hi all,
I have a question about exprired PR and re-entry to Canada by private vehicle from US.
Facts:
- Landed in 2011, March 22.
- Applied for Canadian citizenship in May, 2014 ( as soon as had 1096 days)
- Stayed in Canada until September 1st, 2014 and moved to US (Green Card)
- PR expired in May 16, 2016.
In September 2016, we are planning to move back to Canada, to stay there and renew our PR cards.
Our concern is that we have exprired PR cards and active Green Card (US)
Question:
- Will the Canadian border officer allow us to enter Canada, as we spent more than 2 years out of Canada?
- Is there a chance that the officer makes report and we will not be able to renew our PR cards?
- Does US green card makes it harder to renew PR card?
Thanks
I am not an expert and cannot offer personal advice; but I can offer some observations:
If you present passport plus the expired PR card at PoE, this should
entitle you to entry into Canada.
There is a chance you will be waived into Canada without further questions.
However, yes, the PoE officer may have questions related to compliance with the PR Residency Obligation and refer you to Secondary for a more extensive examination. Given the length of your absence, probably a good idea to have some documentation
in your hands if you are referred to Secondary (thus, have close to hand, easy to carry, in the car, so you can pick up the folder or such with what documents you to show to support your statements about when you were in Canada).
Documents to show: CRA documents from the time you lived in Canada, including Notices of Assessment and T-4s and such. Documents which show where you were living when in Canada. Any other documents which show presence or activity in Canada, enough to show that you have been present in Canada for two plus years within the preceding five years. Your verbal responses may be sufficient without showing documentation, but showing documentation may make the difference between being waived into Canada and having to deal with a more formal inquiry or even being reported for not meeting the PR Residency Obligation. You would still be allowed to enter Canada even if the PoE officers conclude you have not met the PR RO and issue a Report and Departure Order; you would just need to appeal the Departure Order on time and be prepared to actually prove the dates you were in Canada to show compliance with the PR RO.
The Green Card has no formal or direct effect on your status in Canada. However, since it indicates the holder of the GC is settled or intending to settle permanently in the U.S., obviously it conflicts with the objective underlying PR status in Canada, so it can influence how probing or suspicious CBSA or IRCC officials might be when assessing things like compliance with the PR RO. There have been reports by some PRs of verbal confrontations with PoE officials, but again there is nothing about having a GC which directly affects PR status in Canada. So whatever is said, remain calm and polite and be truthful in all answers to questions asked.
There are more reports of difficulties going the other way, into the U.S., more probing challenges posed by the U.S. border authorities for GC holders who are also PRs. Last I recall, the U.S. system still had an
intent requirement with which retaining PR status can be considered to conflict.
Two years absence obviously increases the risk of elevated scrutiny, both at the PoE and when you apply for the new PR card. You might anticipate a longer than usual time line for the PR card applications due to this. But ultimately if you can prove you were in Canada for two plus years within the preceding five years, as of the date you return to Canada, and as of the date you apply for the new PR card, and as of the date you have any other formal interaction with CBSA or IRCC (formerly CIC), that will suffice to show compliance with the PR RO, and thus allow you to retain PR status.
Obviously, information submitted in the citizenship application can be considered when an officer is examining or assessing your case. The outcome of that application may affect whether there are more or less probing inquiries regarding your compliance with the PR RO, which should be obvious.
