Entering Canada from Naigara region with copy of COPR, expired PR card and subsequent implications!

[mswaraj]

Hi All,

PR card expired in April 2010, entering Canada in near future by land from Niagara Falls US-Canada border by taxi. Is walking and crossing over also allowed across borders at Niagara region? If yes, where? Suggest what is advisable taxi or walking a busy border?

What the chances of not being reported against by visa officer at border despite making best efforts with supporting documents( and copy of COPR + expired PR card) to prove our H&C reasoning / considerations in person? If we are not reported against as not meeting RO and we allowed in - we need to spend 730 days to complete the RO before we renew our expired PR in Canada.

#1. Can we get a full time job in Canada with expired PR? The potential employer will do a background check on my SIN and if they come to know that I've an expired PR - will they refuse employment?
#2. In that scenario, how do we work full time for these 2 years and earn our livelihood? Do we need to do contract jobs/odd jobs?
#3. How do we renew/or get new our Drivers License, OHIP card and create new bank account with expired PR for 2 years?
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#4. In case, we are reported against at Port of Entry, can we get new PR cards with one year validity until our H&C appeal is in progress for 24 to 30 months - based on current processing times.
# 5. What are the best affordable lawyer fees for the H&C appeal? in Toronto. Any suggested H&C lawyers who are specialist in Toronto area will be helpful.
#6. Can we apply for OHIP cards with one year valid PR cards? If so, after how many days we get the PR cards and OHIP cards( with what validity?) after( or before) making H&C appeal?
#7. Will the stay in Canada during H&C appeal period count for 730 days residency obligation as well? If no, then what is this 2 year or more period accounted for?
#8. Can we apply for Driver's License(with what validity?) with one year PR card? How soon can I get at least a G2 license?
#9. What happens if we lose the H&C appeal? Deported? When and how?
#10. Can we leave Canada during the H&C appeal period if there is a family emergency or bereavement in home country? What can we do to not jeopardise the appeal process and still visit home country for few weeks as a special case? Can we request immigration appeal division for this unavoidable situation?
#11. Can we avail Canada Child Tax Benefit, GST/HST Credit and OSAP loan during or without H&C appeal's timeline?

Seeking guidance from experts and members of this group that will help me in informed decision making. Thank you for your support!.

 

[mswaraj]

Awaiting immediate guidance and replies on my questions.Thank you for your swift replies.

 

[mswaraj]

Answers to any of the above questions is fine...Thank you for guidance!

 

[Buletruck]

Yes, you can cross by foot. Any border crossing will work. Expect to end up in secondary review if you enter with a COPR and a PR card that expired 8 years ago. You will need proof of your H&C claim with you.

1. Yes you can work, providing you have a SIN number. You will probably need to visit service Canada to have it reactivated. No, employers can’t do background checks.
2. See #1. You can work.
3. https://www.ontario.ca/page/acceptable-identity-documents. http://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/GetFileAttach/014-9998E-82~5/$File/9998-82E.pdf
   
4. Yes you can. Expect additional processing time of a few months
5. Try the forum sponsor
6. See #3
7. Time spent in Canada during an appeal does not count towards RO until the appeal is decided. If you win your appeal, you get the days, if you loose, you don’t.
8. See #3
9. You loose your status. You will be asked to leave Canada, probably within 60 days. If you don’t you risk being deported.
10. Not advisable to leave. It shows lack of commitment to Canada and limited ties to Canada that can work against you in an appeal. There is nothing however that says you need to remain in Canada. It’s entirely at your discretion.
11. Don’t know.

 

[Rob_TO]

You can work as long as you have a valid SIN. You can most likely also get OHIP and drivers license with only COPR as proof of PR status, though not entirely sure on specifics. This is all true regardless if waiting here 2 years, or you were reported and waiting for appeal.

If reported and waiting appeal, the time spent in Canada does not count to RO. If you lose your appeal, your PR status is terminated no matter if it took longer than 2 years waiting in Canada for the appeal date.

You can leave Canada during appeal waiting time with 1-year PR card you would get, although best to keep trips short.

If you lose appeal, PR status is terminated and you'll be asked to leave Canada.

 

[canuck78]

Anticipate that with likely a 10+ year absence from Canada you will have a tough time getting H&C.

 

[mswaraj]

Thank you all for valuable inputs. Can you please suggest a economical immigration lawyer to represent our H&C appeal in Toronto?
Forum sponsor suggested Bellissimmo Law Group - i want to your inputs on other immigration lawyers and their fees for comparison. Also, based on some of your experiences dealing with H&C appeals(personally or clients or friends) any guidance will be very helpful.

 

[Buletruck]

Appeals are an absolute last chance for anyone who needs them. IRCC is, generally, pretty careful in making the determination and pursuing revocation. They seem to avoid proceeding unless they are certain they have solid grounds. I’ve read somewhere (and I can’t find the details at the moment) that the chances of a successful appeal is about 10%. Not great.
You can research more of the finding from the IRB here:

https://www.canlii.org/en/ca/irb/

 

[Rob_TO]

Thank you all for valuable inputs. Can you please suggest a economical immigration lawyer to represent our H&C appeal in Toronto?
Forum sponsor suggested Bellissimmo Law Group - i want to your inputs on other immigration lawyers and their fees for comparison. Also, based on some of your experiences dealing with H&C appeals(personally or clients or friends) any guidance will be very helpful.

Not knowing any details on your H&C reasons, it's impossible to give any advice.

With lawyers remember you usually get what you pay for. If you are shopping around based just on cost, some lawyers are cheap for a reason.

 

[mswaraj]

In terms of H&C docs to be shown at the border, I would like to show docs and tell CBSA officer how my mother suffered since 2004( after my father's demise), which compelled us to go back to our home country in 2008 after staying in Canada for 2 years and 8 months post landing with myself, spouse and son in 2005. Until recently, my mother has stabilized(doctor's statement) and she can stay with my sister(her in-laws passed away recently) who can get good care of my mother now. Also, my son who is 15 years would be joining grade 11 in Canada and potentially if he is allowed to study further...if our H&C appeal is successful(24 to 30 months timeline). Do we stand any chance in the 10% successful appeals?

Since I will have only 30 days to appeal after being reported at the border, I am trying to seek help on best possible immigration lawyers in Toronto who can best represent our case within stipulated time window. Once I get inside Canada, I have very little time for H&C appeal.Hence, my request for pointers on immigration lawyers specializing in H&C appeals will be helpful. Thank you.

 

[Rob_TO]

In terms of H&C docs to be shown at the border, I would like to show docs and tell CBSA officer how my mother suffered since 2004( after my father's demise), which compelled us to go back to our home country in 2008 after staying in Canada for 2 years and 8 months post landing with myself, spouse and son in 2005. Until recently, my mother has stabilized(doctor's statement) and she can stay with my sister(her in-laws passed away recently) who can get good care of my mother now. Also, my son who is 15 years would be joining grade 11 in Canada and potentially if he is allowed to study further...if our H&C appeal is successful(24 to 30 months timeline). Do we stand any chance in the 10% successful appeals?.

If you have medical records, hospital receipts, doctor/specialist diagnoses and recommendations, etc etc covering the entire 10 years absence from Canada, then it may be possible for a successful appeal or to convince CBSA/Minister's Delegate at the border that your H&C claim is valid. The fact your sister was living in home country would be a negative factor, since there were options for her to care for your mom instead of you.

Nobody here can give you actual chances or odds, since H&C cases are unpredictable. During time waiting for an appeal you should remain in Canada and have your family integrate into society (work, school, community, etc) as much as possible, since this can be a consideration for when appeal date arrives.

 

[canuck78]

Would suggest you consult with a lawyer before uprooting your whole life. A lawyer will be able to give you an opinion on whether you have any chance of H&C.

 

[mswaraj]

Will the CBSA officer at border or during the H&C appeal have any consideration for my son's studies' adverse impact upon an potential unfavorable decision at the end of ~2 years?

 

[Rob_TO]

Will the CBSA officer at border or during the H&C appeal have any consideration for my son's studies' adverse impact upon an potential unfavorable decision at the end of ~2 years?

They will consider everything. Whether they put much weight into it or decide it warrants H&C approval, is entirely at their discretion.

 

[canuck78]

Given you returned after a very long absence from Canada and put your son in the position regarding his studies I wouldn't count on you getting a lot of sympathy. H&C is very hard to get after such a long absence. Nobody can tell you what your odds are but they are not great.