Could pass to Canada by US border without PR or PRTD? Help me please!!

[rufoven]

hello everybody, excuse me if I don't write very well, I hope you could understand, my wife is spanish, she does not have the PR card, we have made landing in may 2013, and went back after a week, I am in Canada from May but I was here for 4 moth last year , and since she haven't been in Canada for more than 730 days there is a risk that PRTD be not aproved, so she could pass to Canada by US border walking just with her spanish passport and her COPR? thank you very much, please I apreciatee answers because is urgent, we have a little girl in the same situation!! Thanks!!

 

[scylla]

Yes - you can do that.

She cannot take public transportation (e.g. bus) to cross the border. She will either need to cross the border on foot or in a private vehicle.

 

[rufoven]

thank you!! she will arrive by Plattsbourg airport, I think that is sill in US, I am right?? thank you again

 

[Leon]

thank you!! she will arrive by Plattsbourg airport, I think that is sill in US, I am right?? thank you again

Yes, that is still in the US. You can then drive in your private car or a rental car to pick her up there or she can rent a car there and drive it to Canada.

 

[mf4361]

Another trick, if you pull this off, is bus to the nearest border town, walk through the custom as pedestrian into Canada.

 

[Rob_TO]

hello everybody, excuse me if I don't write very well, I hope you could understand, my wife is spanish, she does not have the PR card, we have made landing in may 2013, and went back after a week, I am in Canada from May but I was here for 4 moth last year , and since she haven't been in Canada for more than 730 days there is a risk that PRTD be not aproved, so she could pass to Canada by US border walking just with her spanish passport and her COPR? thank you very much, please I apreciatee answers because is urgent, we have a little girl in the same situation!! Thanks!!

Note that even if crossing into Canada at a land border, since she doesn't meet RO there is a chance CBSA will report her which will begin process to revoke her PR status. If this happens, you can choose to appeal based on any H&C reasons she may have (could take a couple years for appeal), or just let her status get revoked and you can sponsor her for PR again as long as you're in compliance with RO.

 

[mf4361]

Not present in Canada for the last 2 years is not considered as not meeting Residency obligation.

Present in Canada for less than 2 years in 5 years MAY consider so (not automatic failing either)

Since you've made landing 3 years ago, you are still within the timeframe and you have total right to enter Canada.

 

[Ponga]

Not present in Canada for the last 2 years is not considered as not meeting Residency obligation.

Present in Canada for less than 2 years in 5 years MAY consider so (not automatic failing either)

Since you've made landing 3 years ago, you are still within the timeframe and you have total right to enter Canada.

Even a PR that hasn't been in Canada for longer than 3 years, still has the right to enter Canada. If they have failed to meet the RO, and they are reported (and lose their PR), they must then leave Canada, but until that happens, they are allowed to enter.

 

[Rob_TO]

Not present in Canada for the last 2 years is not considered as not meeting Residency obligation.

Present in Canada for less than 2 years in 5 years MAY consider so (not automatic failing either)

Since you've made landing 3 years ago, you are still within the timeframe and you have total right to enter Canada.

No she is not within the timeframe. She has been outside Canada now 3 years + 1 month, so is currently in violation of the residency obligation.

As I stated, she may be reported for not meeting the RO upon entry, but will still be allowed to enter as a PR until she decides if she wants to appeal or not.