Enter Canada on expired PR card and no PRTD

[mihirji]

I and my wife had PR cards for Canada valid from 2012 to Dec, 2017. During this time we couldn't relocate to Canada from US due to various reasons but the main being my wife's father's sickness and eventual death. My father-in-law had to undergo treatment for Stage IV Lung Cancer and eventually passed away in Sep 2016. Treatment started in mid 2012. This was quite a stressful time for the entire family and we had to support his treatment financially as well. Hence, relocating, changing jobs was not an option we could even think of during that time. He was residing and getting treated in India and my wife and I were supporting him financially through our earnings in US. Hence, we couldn't meet the RO during the 5 year period.

However, we still wish to relocate to Canada and settle in Vancouver. I am planning to enter Canada via road from Seattle in Aug and apply for PR card renewal on H&C grounds. However, in order to enter Canada what documents would I need apart from expired PR cards for us. We plan to visit for a few days and research communities, schools and housing while being there, apart from a family trip to Whistler, BC for a couple of days. Can someone help in knowing challenges to enter Canada.

Last thing, we did travel to Canada in July 2017 (6 months prior to PR card expiry) for 4-5 days to check out Calgary but not sure if the officer would have initiated PR revocation then. Is there a way to confirm? We were not told of any revocation. Thanks in advance for any help or pointers.

 

[vensak]

You do understand that you do not have a H&C case there.
Yes it is said that you had a loss in your family, however here are the major points:
1. Your father in law was treated in India
2. You were working in USA.
3. He did die in September 2016 and you were working happily another 1 1/2 year (most likely hoping to get a Green card)

So what was stopping you to work from Canada (apart of the fact of potentially lower salaries)?

That one will be a rather simple case with a refusal at the end.
So your only chance is to return without being reported.

 

[mihirji]

Thanks for your candid response. This gives good idea of what am stacked against. So if I try to enter Canada via road, would I be allowed or will I be allowed to enter and have 30 days for appealing?

It took the family 3 months after Sep of 2016 recover from the loss and come back to US. We did start planning the relocation after that and made a visit in July 2016 to explore Calgary but ran out of time before the PR cards expired to actually make the move. Anyway we didn't feel Calgary was right for us and think Vancouver is a better suited for our family.

 

[canuck78]

Yes you will be allowed in and given the right to appeal. Given your low chances of success you will have to determine whether a potentially temporary relocation is worth it. Financial reasons are not usually a reason why H&C would be approved. Also it has taken 1.5 years for you to relocate after the death which doesn't show any urgency on your part.