Entry to Canada by Land

[jzaidanin]

[flash=200,200]http://Dear all,
Can a family with an expired PR enter Canada by land and settle down for well? Although they did not meet the residency obligations, will they be permitted to enter Canada with a Canadian friend in his own car? If so, what would happen next. Please share your experience in the matter, if any. I would also appreciate it if you can recommend any reasons the family can use to defend their case and what documents can they present to also help.
Many Thanks[/flash]

 

[scylla]

Yes - they will be allowed to enter Canada by land in a friend's car (private vehicle). When they enter Canada, they may be reported for failing to meet the residency requirement. If they are NOT reported, all they need to do is remain in Canada for 2 years without leaving - and then apply to renew their PR card once they meet the residency requirement again. If they are reported, they will have to appear at a hearing to argue why they should be allowed to keep their status even though they have failed to meet the residency requirement. CIC does not accept working or studying outside of Canada as reasons for failing to meet the residency requirement. To succeed at the hearing - they would have to prove that there was some emergency / very serious situation that kept them outside of Canada (e.g. a serious personal illness, the serious illness of a close relative where they were the only person available to take care of that individual). They will need to provide evidence (e.g. doctors notes, hospitalization records) to back up any statements they make. If they are not successful at the hearing, their PR status will be revoked and they will be ordered to leave Canada.

 

[jzaidanin]

Thank you very much Scylla for the information. appreciated

 

[Shubhrak]

Hi Scylla,

I am going to try and cross Rainbow Bridge with my expired PR Card. Some concerns:

1. My card expired in 2013. I stayed in Canada barely a month. Has the card been "too long expired?" and the duration of stay too short for them to let me enter?

2. A shuttle takes you from Buffalo Airport to Niagara Falls Parkway. From there, I believe you can walk across the bridge. I will not be carrying much luggage; just a suitcase, since I plan to buy everything afresh. Is that acceptable, or is there some rule that says you must cross only by private vehicle?

3. At the crossing, should I say that I am planning to stay on in Canada for the next 2 years since I am now free of my responsibilities and constraints back in India?

Many thanks.

 

[zardoz]

Hi Scylla,

I am going to try and cross Rainbow Bridge with my expired PR Card. Some concerns:

1. My card expired in 2013. I stayed in Canada barely a month. Has the card been "too long expired?" and the duration of stay too short for them to let me enter?

2. A shuttle takes you from Buffalo Airport to Niagara Falls Parkway. From there, I believe you can walk across the bridge. I will not be carrying much luggage; just a suitcase, since I plan to buy everything afresh. Is that acceptable, or is there some rule that says you must cross only by private vehicle?

3. At the crossing, should I say that I am planning to stay on in Canada for the next 2 years since I am now free of my responsibilities and constraints back in India?

Many thanks.

1) They have to allow you to enter once it is established that you are a PR, however there is a good chance of being reported for breach of the residency obligation requirements.
2) Walking is ok.
3) Your future intentions are irrelevant. You may still be reported.

 

[16EVB]

Hello , ... i have a question , perhaps someone can help me please
Is it better or more sucessfull entering Canada by land from US ( private vehicle )
with an expired PR card and not meet RO ? For a visa exempt person ?
or is it the same chance when flying directly to Canada ?

 

[scylla]

Hello , ... i have a question , perhaps someone can help me please
Is it better or more sucessfull entering Canada by land from US ( private vehicle )
with an expired PR card and not meet RO ? For a visa exempt person ?
or is it the same chance when flying directly to Canada ?

Impossible to say. There are no statistics for this available. You'll just have to pick one.

 

[dpenabill]

Hello , ... i have a question , perhaps someone can help me please
Is it better or more sucessfull entering Canada by land from US ( private vehicle )
with an expired PR card and not meet RO ? For a visa exempt person ?
or is it the same chance when flying directly to Canada ?

Agree with observation by Scylla.

Additionally: many other factors will have significant influence in how it goes. Even if we had statistical information, that would not illuminate what the odds are for any particular individual since, again, other factors will have a big impact.

Biggest factors: extent of breach; date of last entry into Canada; duration of last absence; overall history; and relevant H&C factors.

 

[16EVB]

O.K thank you for your answers
from what i have heared it is not required to show the PR card by crossing the border by land,
only a valid passport and a copy of landing record or drivers license ,
is that true ?

 

[dpenabill]

O.K thank you for your answers
from what i have heared it is not required to show the PR card by crossing the border by land,
only a valid passport and a copy of landing record or drivers license ,
is that true ?

Overall: a PR seeking entry into Canada at a POE (does not matter if it is a land crossing or airport POE) must establish identity and status, albeit proof of identity usually suffices to also show status. Best, however, to also present at least landing documents in addition to a valid passport. Alternatively, other identification may facilitate the border officer's confirmation of identity and status (thus reducing the extent to which the border officers need to probe and confirm identity and status).


Longer explanation:

Technically the PR card is the best proof of PR status, and for purposes of an examination at the POE this includes an expired PR card as well.

Examination for entry into Canada at the POE is generally the same at a land crossing as it is in the airport, even though the mechanics are a bit different. Both are governed by the same statutes, regulations, rules, policies, and practices, recognizing however that certain Travel Documents for U.S. and Canadian citizens will suffice at a land crossing that will not suffice for boarding a flight destined for Canada.

In the absence of a PR card, technically there are two elements: identity and status, the traveler seeking entry being required to establish his/her identity and his/her status in Canada. Practically, however, proof of identity usually suffices to establish status, since the proof of identity will allow the CBSA officers to identify the individual's status in their system. The border officers can ask for additional identification documents. Presentation of landing documents helps to establish status. A Canadian drivers license would be a good identity document to present, and would also indicate established residency in Canada (and thus the more recently issued, the better . . . relative to whether there are questions about compliance with the PR Residency Obligation and relative to how that examination goes).

Obviously, the failure to present a valid PR card increases the likelihood of questions about compliance with the PR RO. This will not lead to being denied entry, but the PR who seeks entry who is discerned to be in breach of the PR RO is at risk for being reported and issued a Removal Order (this would not be enforceable at that time, so the PR gets to enter Canada and has time to make an appeal).