Entering Canada from USA - Outside Canada for 4.8 years

[mgm1456]

Hi, I landed as a PR (via Queenston Lewiston bridge) in Dec 2011, crossing the border from USA. At that time I was in H1-B Visa and had a good-paying job in America. So after I landed in Canada, I returned to USA on the same day and continued working in the US until now.
I received my US Green Card recently. But, I would like to move to Canada now. It has been approx 4.8 years since I first landed in Canada and I have never been to Canada since that first time. Since I stayed only 1 day in Canada, I didn't apply for the PR card or SIN.

My question is, can I re-enter Canada crossing the border from the US and will they report me right away because I do not meet the 2 out of 5 years stay? (or) Can I just enter Canada as I have US Green card? But, if I can enter using US Green card, then how can I apply for SIN or PR Card once I am inside Canada? Am I still eligible to apply for SIN? Also, to apply for a job in Canada, do I need SIN and a PR Card?

I read in the forum (thanks to Leon and others) that if I stay in Canada for 730 days continuously (without leaving Canada), I can renew my PR and they cannot refuse me at that time because they are supposed to only check if I was present in Canada 2 out of 5 immediately preceding years. But, the problem is I don't even have the PR card now and SIN Card because I never applied for it when I landed in Canada in Dec 2011.

I know all pathways are risky for me now, because if I tell the truth at the border and they report me, I have to go through immigration and appeal and the risk of my PR being revoked.

Please help me, what is the least risky path for me and how can I start looking for a job, apply for SIN, if I enter Canada using my US GC (if this option is even recommended as a less-risky option).

Please help. Thank you for everyone's time here who are trying to help others. Thanks a lot!!!!!

 

[Rob_TO]

You won't be able to get a SIN without a valid PR card (you can't use your COPR anymore). And you won't be able to get a valid PR card until you spend 2 years in Canada. And you can't work without a SIN.

So basically you'd need to stay in Canada 2 straight years without working, assuming you aren't reported at the border by CBSA. Note that even if you just try entering on your green card/passport, CBSA can determine your PR status if they really want to.

Assuming this is not a viable option for you, you may need to just renounce your PR status, stay in the US, and look to apply again from scratch if you qualify for any current PR streams.

 

[mgm1456]

You won't be able to get a SIN without a valid PR card (you can't use your COPR anymore). And you won't be able to get a valid PR card until you spend 2 years in Canada. And you can't work without a SIN.

So basically you'd need to stay in Canada 2 straight years without working, assuming you aren't reported at the border by CBSA. Note that even if you just try entering on your green card/passport, CBSA can determine your PR status if they really want to.

Assuming this is not a viable option for you, you may need to just renounce your PR status, stay in the US, and look to apply again from scratch if you qualify for any current PR streams.

I am not eligible under any current PR Streams. Looks like I have screwed it up. . Thank you anyways, for your prompt response. I appreciate it.

 

[steaky]

I am not eligible under any current PR Streams. Looks like I have screwed it up. . Thank you anyways, for your prompt response. I appreciate it.

No, you're not screwed yet. If I were you, I would continue live in the US until having the US passport.

 

[mgm1456]

No, you're not screwed yet. If I were you, I would continue live in the US until having the US passport.

Thanks. Would having a US passport later help Canadian PR in anyway (even if you are not eligible under any PR stream)?

 

[steaky]

Thanks. Would having a US passport later help Canadian PR in anyway (even if you are not eligible under any PR stream)?

No, but accompanying a Canadian spouse or common-law partner helps you maintain residency obligation.

 

[scylla]

Thanks. Would having a US passport later help Canadian PR in anyway (even if you are not eligible under any PR stream)?

No - there is no special immigration path for Americans. The immigration path is the same as it is for anyone else.

 

[mgm1456]

No - there is no special immigration path for Americans. The immigration path is the same as it is for anyone else.

Thank you steaky and skylla for your time.