Dilemma in entering Canada

[choson86]

Hi Leon or... anyone else that helps in this post!

I've been reading through many of the posts and feel you guys are so much help.

Well here goes my story and your excellent advice would be greatly appreciated.



I have renewed my PR Card 2009 September so my five years lasts until 2014 September. I'm currently working abroad but I'm wishing to return to Canada permanently in 2014, about 3~4 months before the expiration date. Of course, I don't meet the permanent residency requirement but I wish to return to Canada pursuing an MBA there.

So my question is,

1) Should I enter showing my PR Card and risk getting my permanent residence taken away or should I apply for a student visa and enter Canada?

The question lies with the fact that, tuition costs will be lower as a permanent resident but I don't know whether I'll even be able to enter Canada in the first place. What if they say I don't meet the requirements and I have to leave the country?? Then I won't even be able to pursue the MBA program in Canada and lose my residence. If I enter in with a student visa, will I be able to sustain my permanent residence? Because I heard that as long as I get in, I could stay for 2 full years and renew it afterwards.

My second question is,

2) Say I enter Canada by coming in from the U.S. What are my chances of entering? Should I look like a visitor visiting Canada for a couple of days or should I show my PR Card and go in?

Basically, should I show the border customs my PR card or should I act like a traveler to get in?



I know that it's illegal and not so sincere to try to get into Canada without fulfilling the requirements. But I really have my own personal reasons... I've lived in Canada for 3 years before I left the country but I now want to go back and live in Canada for good. Well any answers would be greatly appreciated and I will further on my question as it gets answered.


Thanks in advance.

 

[Leon]

You will not be granted a student visa because you are a PR.

My advice is try to enter Canada with your PR card and if the immigration officers ask you if you meet the requirements, tell the truth but tell them why you could not meet the requirements. If you had to take care of old parents / grandparents, you had family problems, you were studying or you had other good reasons for being gone, they may go easy on you and let you enter without reporting you. If they do, you can stay for 2 years and you are good again. If they report you, you will still be able to enter but you would have to appeal for your PR.

 

[choson86]

Thanks for your reply Leon!

So if I have a PR... they don't give me a student visa... OK


One of the interesting facts that I've learned is that if I cross the border by land... which is from the US

I heard that they don't ask for your PR card necessarily...

So isn't it safer to just enter Canada like a visitor? Since my country doesn't require a visa to get into Canada, I might as well act like a

visitor and enter... What do you think of that?



I'm trying to find a way to enter Canada with minimum risk since... say if I do get accepted to an MBA and enter Canada... what happens

then if they question my residency obligation and tell me to appeal in court within 30 days? I won't be able to attend the school which I

applied for nor will I be sustain my residency...



Well... thanks!

Any thoughts will be welcome!

 

[farid-]

OK if you are planning to enter no worries they can let you in even if you enter 3-4 months before expiry date.
Leon is absolutely right will not give you either student/visitor visa as you are already pr. which i believe you don't need anyways to enter in Canada. rather when you apply for student they can figure out that your residency is in doubt can issue a residency questionnaire as well in worst case scenario.

best way for you is to come 2-3 months before expiry you have to listen to the lecture they will of course give you at the airport once you are in of course being a pr tuition fee will be low you can work whatever as i am working since last one year even bought a house that too on an expired pr card.
complete 730 days once you are here then apply for renewal of pr or even citizenship after 3 yrs.

best of luck

 

[choson86]

Thank you for the reply Farid!!!!

Sorry, one more question.

So basically if I have 2~3 months left before expiration they will let me in. Correct?

Then is there an advantage of getting into Canada by land (Private Car from U.S.) or should I just take the airplane if there is no difference?



Thanks.

 

[choson86]

Oh one more thing.... I've already renewed my PR card once.

Do I still have the 2 years in 5 years requirement even after I renewed my PR card once already?

Thanks.

 

[scylla]

Oh one more thing.... I've already renewed my PR card once.

Do I still have the 2 years in 5 years requirement even after I renewed my PR card once already?

Thanks.

Yes - the 2 out of every 5 year rule applies as long as you are a PR (not matter how many times you renew your PR card).

 

[farid-]

Ya no issues doesn't mater can take a flight n ya tht 2yr. Rule,is same for either new or renewal

 

[choson86]

Thanks a lot guyz.

So in what circumstances do people enter Canada by a private car? Is it when your PR card has expired?

Since my PR card will have about 3~4 months period before expiration. Does that mean I might as well just take the plane?

I'm just trying to look for the safest way to enter without the customs telling me to appeal in court within 30 days of entry...

 

[Leon]

Some people say that the land border is better but if you still have a valid PR card, you do not have to enter in a private car, you can also take a bus or a train.

Entering in a private car is what must be done if someone is not visa exempt and their PR card is already expired and they do not meet the residency requirements. The only other option would be to apply for a PR travel document at a Canadian embassy but if they do not have any H&C reasons for having been outside Canada, they will not get it. In that case, they have a better chance not applying for a travel document but arriving at the land border and taking their chances there.

 

[choson86]

Seriously Leon, you're the best. I wasn't expecting an answer this late at night!

Sorry for continuously repeating myself... I'll give you the facts.

- from a visa exempt country
- have 3~4 months prior to PR card expiration
- permanent residency requirement not met

From these facts, is it best to travel by plane, bus (or train), or a private car?

Thanks!

 

[Leon]

If you believe the people who say that the land border is better, you should enter in a bus or a car. Otherwise, it doesn't really matter. It is possible that you will not get hassled at all and it is also possible that they will give you a hard time. If they give you a hard time, it is probably better to be polite and apologetic than to be defiant. You can say that you had good reasons for being away and that you will clear that up with immigration when you apply to renew your PR card. The immigration officers can not expect you to prove that on the spot so they will probably let you through without reporting. Of course they do not know that you do not plan to renew until 2 years from now when you meet the requirements again.

 

[Infimm]

It is possible to cross US-Canada border without PR card (in case you don't make it here by the time the card expire). but with confirmation of permanent residence. I have done it myself. They will ask you at the border standard questions, like where you live and what you do, how long were you outside of the country and what you did in the US or whether you are coming from some other country via US.
Also, I read somewhere that people, who had problems with residence but had passports of Canada's visa exempt country, were advised by some immigration lawyers to come into the country as a visitor only, staying in the country for 3 years without leave (you still have the right to do it as you are PR until the status is canceled), and apply for a new pr card or citizenship without any worries, as CIC is interested in the period of the last 3 years whether a PR resided in country and what he did during that time.

 

[Leon]

They ask for your info for the past 5 years and you should have spent at least 2 years in Canada during that time so if you get in and stay 2 years, you can apply to renew your PR card.

 

[choson86]

It is possible to cross US-Canada border without PR card (in case you don't make it here by the time the card expire). but with confirmation of permanent residence. I have done it myself. They will ask you at the border standard questions, like where you live and what you do, how long were you outside of the country and what you did in the US or whether you are coming from some other country via US.
Also, I read somewhere that people, who had problems with residence but had passports of Canada's visa exempt country, were advised by some immigration lawyers to come into the country as a visitor only, staying in the country for 3 years without leave (you still have the right to do it as you are PR until the status is canceled), and apply for a new pr card or citizenship without any worries, as CIC is interested in the period of the last 3 years whether a PR resided in country and what he did during that time.

Hi Infimm,

What do you mean by coming in as a "visitor?" My Korean passport indicates that I have a PR passport which means I have permanent residency of another country (Canada, USA, Austrailia, etc). Do you mean that once I arrive in Canada and enter through customs, that I should tell the officer that even though I have am a PR, I'm just visiting Canada and act like I'm visiting Canada?

Thanks!