Entering Vancouver When RO Not Met

[Amelia P]

Hello Everyone

My husband and I became 'landed' PR's in Sept 2009 through Vancouver, and after 10 days we returned to our (visa exempt) home country to settle our affairs. Before we left Vancouver, we arranged for our PR cards and SIN cards to be forwarded. Part of settling up at home involved selling our business. However, the economic collapse seriously affected our business and it was near impossible to off-load. To make matters worse, we had legal obligations to customers on contracts - it's not like we could just "up and leave."

As we neared the 3 year mark in 2012, we decided that one of us should "keep the dream alive" and fulfill our PR obligation, while the other one stayed behind to try and sell the business. My husband stayed, while I came to Vancouver. I arrived in Aug 2012 and have not left at any time.

My husband is now very close to a sale on the business. I called CIC and spoke with a very nice and helpful officer and explained our situation, as outlined above. He basically confirmed the advice on this forum. That my hubby is still a PR and that he should enter before his card expires, but not leave Canada nor apply to renew his PR card (which expires in Nov 14) until he has fulfilled 2 years residence. I questioned whether that was "ok" because he hadn't fulfilled his time thus far, and should we instead wait until my time is fulfilled (this Aug) and I apply to sponsor my spouse? The officer's answer was unequivocally "NO!" He explained that there are "grey areas" when RO is not met, and upon hearing our situation, he advised that my husband should try and enter.

Upon the CIC officer's advice, and reading the advice and experiences on this forum, we have decided to proceed. So now I have questions on how my hubby should enter Canada.

My husband has been over twice to visit me for Christmas and NY. On both occasions, he came in as a visitor (didn't show is PR card) because he was on return flights back to our home country and we thought that would be easier.

When he enters this time (on his valid PR card)...

1) Should he go through the machine with his PR card?
2) Enter through the visitors lane? (ideally don't want to do this because he's staying)
3) What will the machine confirm about his PR card?

Any advice would be greatly appreciated...

 

[Alurra71]

Hello Everyone

My husband and I became 'landed' PR's in Sept 2009 through Vancouver, and after 10 days we returned to our (visa exempt) home country to settle our affairs. Before we left Vancouver, we arranged for our PR cards and SIN cards to be forwarded. Part of settling up at home involved selling our business. However, the economic collapse seriously affected our business and it was near impossible to off-load. To make matters worse, we had legal obligations to customers on contracts - it's not like we could just "up and leave."

As we neared the 3 year mark in 2012, we decided that one of us should "keep the dream alive" and fulfill our PR obligation, while the other one stayed behind to try and sell the business. My husband stayed, while I came to Vancouver. I arrived in Aug 2012 and have not left at any time.

My husband is now very close to a sale on the business. I called CIC and spoke with a very nice and helpful officer and explained our situation, as outlined above. He basically confirmed the advice on this forum. That my hubby is still a PR and that he should enter before his card expires, but not leave Canada nor apply to renew his PR card (which expires in Nov 14) until he has fulfilled 2 years residence. I questioned whether that was "ok" because he hadn't fulfilled his time thus far, and should we instead wait until my time is fulfilled (this Aug) and I apply to sponsor my spouse? The officer's answer was unequivocally "NO!" He explained that there are "grey areas" when RO is not met, and upon hearing our situation, he advised that my husband should try and enter.

Upon the CIC officer's advice, and reading the advice and experiences on this forum, we have decided to proceed. So now I have questions on how my hubby should enter Canada.

My husband has been over twice to visit me for Christmas and NY. On both occasions, he came in as a visitor (didn't show is PR card) because he was on return flights back to our home country and we thought that would be easier.

When he enters this time (on his valid PR card)...

1) Should he go through the machine with his PR card?
2) Enter through the visitors lane? (ideally don't want to do this because he's staying)
3) What will the machine confirm about his PR card?

Any advice would be greatly appreciated...

If your hubby's passport is visa exempt and he is able to return to Canada without showing his PR card, he should certainly go this route. Anything you can do to mitigate the possibility of him being reported for failing to meet the RO. Once he is inside Canada, like yourself, he should not apply to renew his PR card of anything of that nature until he has completed his RO properly.

I think if he uses his PR card to enter, he will likely be questioned about his RO, perhaps reported and all the other 'crap' that goes along with that. Then you would need to reapply and pay all the fees and start all over again to sponsor him again. If it were me, I would just enter as a visitor and not mention my status as a PR unless specifically asked by a CBSA agent.

Good luck.

 

[Amelia P]

Thanks very much for your response Allura71, appreciate your input! (Yes hubby's passport is visa exempt)

 

[sanchil]

Hi Amelia,

Do NOT enter a visitor's lane with a PR. That will raise more questions from the customs and the borders officers. This happened to me and I was asked questions and my details were noted by the officers.

Either enter a visitors with your VISA exempt document or enter the residents lane with a PR. Usually you will not be asked too many questions unless they check your entry and exit details on your passport ( Need more clarification on this ...)

I'm not an expert on VISA and PR matters ... but merely sharing my experience. Experts on this forum may clarify my experience better. It is a small but very important detail.

How does a PR status person enter Canada after being away for a long time?

 

[Alurra71]

Hi Amelia,

Do NOT enter a visitor's lane with a PR. That will raise more questions from the customs and the borders officers. This happened to me and I was asked questions and my details were noted by the officers.

Either enter a visitors with your VISA exempt document or enter the residents lane with a PR. Usually you will not be asked too many questions unless they check your entry and exit details on your passport ( Need more clarification on this ...)

I'm not an expert on VISA and PR matters ... but merely sharing my experience. Experts on this forum may clarify my experience better. It is a small but very important detail.

How does a PR status person enter Canada after being away for a long time?

You raise a valid point for a person without a visa exempt passport, Sanchil, however, in this particular case, the OP's husband has an Australian passport, which is visa exempt, therefore he can enter as a visitor without mentioning that he is a PR unless prompted to do so. I think in your case, you are not a visa exempt traveler and therefore your misjudgement about which line to enter is what caused you to have the problems you did have upon entering Canada.

 

[Amelia P]

Cheers for sharing your experience sanchil. Allura is correct, my hubby's passport is visa exempt, so we're just trying to figure out the best way to enter. If he comes through visitors lane he wont show his pr card. I guess Im just nervous because he has the card and whether their computer will show that...

however, on his past two visits, they never mentioned his pr, they just processed him as a visitor....

 

[Amelia P]

I wonder why they never brought up his pr status on his prior two visits? Does that come up on their computer when they scan his passport?

 

[amanjeet]

plz share ur experience what happened at vancouver airport as i m in same situation

 

[Leon]

If he has been successful entering without showing his PR card, I feel it would be best that he entered that way again.

The worst case scenario would be that immigration realizes that he is a PR who doesn't meet the RO. They could report him but they can not confiscate his PR card or deny him entry. They must allow him to enter, he can appeal and stay in Canada for the 1-2 years it takes to process the appeal. If he loses his PR, you can sponsor him again.

If he doesn't get reported, he would be able to stay in Canada for 2 years, meet the RO again and then apply to renew his PR card. Living in Canada without a valid PR card can cause some problems but as long as he has taken care of his drivers license and health care before his PR card expires, he should be ok for everything else.

 

[smsanlazaro]

plz share ur experience what happened at vancouver airport as i m in same situation

This is our experience at Vancouver airport: We submitted our passports and PR cards to the immigration officer. He asked what country did we come from, while he was checking our PR cards and verifying our passports. That's all, we 're in. This was only recently. I'm sharing this since we got similar situations. Perhaps as long as your PR card is not expired, they will consider.