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entering canada with expired pr card (not met residency requirements)

dannysingh

Newbie
Nov 8, 2013
6
0
Hi, so basically i have an expired pr card. However, want to enter canada to live .. but have not met all the residency requirements. As when we I got PR my dad became diabetic and my house wouldn't sell.. But have entered canada multiple times on a 6month visitor visa since the expiry of my pr card. And the border officers have let me through before no questions asked. What i need help with is that if i enter again on a 6month visitor visa as my pr card has expired and i just stay in canada and work as i have my sin card and driver license.. until i have met residency requirements to apply for a renewal of my pr card?
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
You can do this. You simply enter Canada and after you have entered, you can work because you have a SIN and you have your expired PR card and I suppose you also have your landing papers. Keep proof of when you arrived and after 2 years, you can apply to renew your PR card as you will meet the residency requirements again.

You may have a problem getting a health card because they may ask for a PR card or ask why you don't have a valid PR card. You can tell them what you like because it is not mandatory for PR's living in Canada to have a valid card but they may still give you trouble. Same with renewing drivers license. It is possible that they will ask about the PR card.
 

dannysingh

Newbie
Nov 8, 2013
6
0
Leon said:
You can do this. You simply enter Canada and after you have entered, you can work because you have a SIN and you have your expired PR card and I suppose you also have your landing papers. Keep proof of when you arrived and after 2 years, you can apply to renew your PR card as you will meet the residency requirements again.

You may have a problem getting a health card because they may ask for a PR card or ask why you don't have a valid PR card. You can tell them what you like because it is not mandatory for PR's living in Canada to have a valid card but they may still give you trouble. Same with renewing drivers license. It is possible that they will ask about the PR card.
If i enter Canada on a 6month visitor visa to stay and meet my residency requirements..I have my sin card, landing documents and canadian driver license. Wont the canadian border officials come looking for me after 6months?
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
How did you obtain a Visitor Visa if you are a Permanent Resident still? The two are mutually exclusive.
Are you entering on a visa that you obtained before you landed as a PR?
 

dannysingh

Newbie
Nov 8, 2013
6
0
zardoz said:
How did you obtain a Visitor Visa if you are a Permanent Resident still? The two are mutually exclusive.
Are you entering on a visa that you obtained before you landed as a PR?
They questioned me about it the first time around.. after that the times i flew in to canada the border security didn't and just issued me a 6month visitor visa. Im going to enter on the visa they stamp in my passport for 6months after i got my PR card.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Are you a visa-exempt national then? What nationality passport are you entering on?
 

dannysingh

Newbie
Nov 8, 2013
6
0
zardoz said:
Are you a visa-exempt national then? What nationality passport are you entering on?
Im guessing its a visa its a stamp thats says "canadian border agency" with the date i entered in the middle
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
dannysingh said:
I have a british passport.
All is now clear. However, you are still on dangerous ground, as every time you enter, you risk an A44(1) report.
 

dannysingh

Newbie
Nov 8, 2013
6
0
zardoz said:
All is now clear. However, you are still on dangerous ground, as every time you enter, you risk an A44(1) report.
Thank you for your help!. I just needed to know that after i enter and stay 6months that after that they wont be looking for me. As i will be working and trying to stay the 720 days.
 

scylla

VIP Member
Jun 8, 2010
95,904
22,151
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
dannysingh said:
i will be working and trying to stay the 720 days.
730 days is what you need (not 720).
 

PROSnCONS

Newbie
Nov 15, 2013
5
1
Hi expert advisors;
I have a PR as (FSW) and did the landing last year with my family, and we flew back to where we work (It is hard to sacrifice everything all of the sudden as you know). how long is it ok to stay outside canada and What is the impact on our PRs and re-entry to canada if we exceeded this period?
what is acceptable to tell the immigration officer why are we stayed long outside canada?

Kindly advice!
 

JGK

Star Member
Jul 16, 2010
175
5
124
Vegreville, AB
Category........
Visa Office......
Buffalo (File Moved to Detroit July 2011)
NOC Code......
0212
Job Offer........
Pre-Assessed..
App. Filed.......
10-09-2010
Doc's Request.
N/A
Nomination.....
31-05-2010
AOR Received.
N/A
IELTS Request
N/A
File Transfer...
N/A
Med's Request
01-03-2011
Med's Done....
22-03-2011
Interview........
Not required
Passport Req..
13-09-2011
VISA ISSUED...
26-09-2011
LANDED..........
12-10-2011
dannysingh said:
Hi, so basically i have an expired pr card. However, want to enter canada to live .. but have not met all the residency requirements. As when we I got PR my dad became diabetic and my house wouldn't sell.. But have entered canada multiple times on a 6month visitor visa since the expiry of my pr card. And the border officers have let me through before no questions asked. What i need help with is that if i enter again on a 6month visitor visa as my pr card has expired and i just stay in canada and work as i have my sin card and driver license.. until i have met residency requirements to apply for a renewal of my pr card?
If you did not meet the residency requirements for the 5 years your PR was active (or in over the last 5 year period), you are no longer a PR of Canada. If you start working then try and get your PR reinstated, immigration will probably reject the request and you'll have leave Canada to go through the process of PR application again.

You may be able to get work, but your SIN could probably be flagged due to the inactivity and they may be on your case before you get close to a request for reinstatement.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
PROSnCONS said:
Hi expert advisors;
I have a PR as (FSW) and did the landing last year with my family, and we flew back to where we work (It is hard to sacrifice everything all of the sudden as you know). how long is it ok to stay outside canada and What is the impact on our PRs and re-entry to canada if we exceeded this period?
what is acceptable to tell the immigration officer why are we stayed long outside canada?

Kindly advice!
If you remain outside Canada for so long that you don't or can't meet the residency obligation requirements, you risk losing your PR status by being reported. The documents supplied with your COPR Document will give you the information regarding residency.
Unless you have a very good reason to not meet the requirements, and work is not a good reason, it really doesn't matter what you tell them. You can still be reported.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
PROSnCONS said:
Hi expert advisors;
I have a PR as (FSW) and did the landing last year with my family, and we flew back to where we work (It is hard to sacrifice everything all of the sudden as you know). how long is it ok to stay outside canada and What is the impact on our PRs and re-entry to canada if we exceeded this period?
what is acceptable to tell the immigration officer why are we stayed long outside canada?
You have up to 3 years (1095 days) that you can stay outside Canada in any 5 year period. If you utilize the full 3 years in one go, you would have to stay for a full 2 years after that to make up.

If you stay outside Canada longer than 3 years, you may be reported for not meeting the RO (residency obligation) as you enter. If that happens, you would have to appeal for your PR. If you had mitigating reasons like taking care of a dying family member and can prove it, they would most likely let you keep your PR but if your reason was that you did not want to move because you had a good job in another country, they would not consider that a good reason.

If you get in without being reported, you could let your PR card expire and stay for a full 2 years to bring your PR status back in good standing. In this case, you would have to stay under the radar so you can not have any more children at this time because you would not be able to sponsor them without immigration realizing that you do not meet the RO which would most likely result in an investigation and possible loss of your PR.

If you stay outside Canada so long that your PR card has expired but you are visa exempt, you could try to go back to Canada on your visa exempt passport and see if you get in without being reported. If you are not visa exempt, you would have to apply for a travel document which they will not give you without a good reason for having been away or you could try to enter from the US in which case you would have to enter in a private or rented car as no carrier would take a person to Canada who is not visa exempt, doesn't have a visa, a valid PR card or travel document. You would then have to deal with immigration on entry showing your expired card and hope they don't report you.

If you did get into Canada without being reported but with an expired card, you would face other challenges trying to live in Canada for 2 years. There is no law that says you must have a PR card to stay in Canada but various establishments have started to ask for it anyway in order to provide you services so you may have problems getting health care and a drivers license for example.

To avoid problems in the future, just make sure you don't exceed the 3 years. There is also no guarantee that immigration will not change the rules about being able to stay for 2 years to get your PR status back in good standing if you didn't get caught so you shouldn't count on it staying that way.

A SIN will be made inactive if you didn't use it for 5 years and you would have to go to Service Canada and get it re-activated.