Expired PR Card

[puma]

A friend of mine wants to know if she can travel back to Canada through a land border with an expired PR card (expired a few months back). What are her chances of being let in?She owns a Condo Unit in Canada which is for her personal use.

 

[Msafiri]

Sorry no one can give you a percentage chance just depends which CBSA agent you find at the border, what you tell them and if they decide to believe you and dig deeper or let it slide. However based on anecotdal feedback on the forum your odds are better at a land border than they are at an airport. The condo ownership would be a relevant consideration in an appeal if she got reported but its not on its own enough to save her PR else every PR would purchase a property as an insurance for their PR.

 

[Leon]

They have to let her in but they might give her trouble about not renewing her card and if they suspect that she doesn't meet the residency requirements, they may report her on entry and give her 30 days to appeal.

 

[puma]

Thanks to both of you. My friend does not meet residency requirements.

Can you please explain:

1.How the 'appeal' process works
2.How long (approximately)it takes before a decision is made?
3.If her appeal is denied how long does she have to leave Canada?
4.If her age(she is 65) will be in her favour?

 

[puma]

Can a senior member please give me answers to queries in my previous post ?
Thank you in advance.

 

[Leon]

1. She only has to appeal if she is reported. She will then have 30 days to show evidence of Humane and Compassionate ground for why she could not meet the residency requirements. If she fails, she would lose her PR and be asked to leave.
2. I don't know.
3. If she gets a Departure Order, see http://www.cic.gc.ca/english/information/inadmissibility/arc.asp she would have 30 days to leave.
4. I do not see why her age would be in her favour.

 

[puma]

Thank you very much.

 

[Msafiri]

Thanks to both of you. My friend does not meet residency requirements.

Can you please explain:

1.How the 'appeal' process works
2.How long (approximately)it takes before a decision is made?
3.If her appeal is denied how long does she have to leave Canada?
4.If her age(she is 65) will be in her favour?

To add to Leon's post:

1. You have 30 days to appeal the report. If you don't you get a departure order.

2. The appeal is listed for a hearing before the Immigration and Refugee Board.

3. Listing currently anywhere from 12 - 18 months.

4. At the hearing you present your H&C reasons for the absence. CIC counsel will ask you questions. You should have a lawyer if you can afford one.

5. If IRB rule in your favour you keep your PR. If they rule against you then you can appeal to the Federal Court (FC) on a point of law e.g. IRB disregarded substantive evidence or there was bias by the Board member. You need the FC's permission to bring an appeal before them.

6. FC decision is technically the end but you can try to go the Federal Court of Appeal - by then its really no dice!

 

[puma]

Thank you so much for your detailed reply. It would be nice if they just let her in with a lecture and don't report her.

 

[puma]

Hi again, Is it enough if my friend shows the border officer her passport, expired PR Card &the record of landing document? Also, please

give an idea as to the questions she'll likely be asked on her arrival and the answers she must provide?

Thank you.

 

[winni-peg]

PR Card Expired

Hello all,
I applied for renewal PR card back in 09/2012, and leave Canada after that, now I got message that I have to pick-up my card. My question is:
1] Can I pick up my card from USA's Canadian embassy closest to me?
2] I meet residency requirement -OR should I just cross border by road with my expired PR card?
Please... I need your help and soon. All replies are appreciated.
Thanks much,

 

[Leon]

Re: PR Card Expired

Hello all,
I applied for renewal PR card back in 09/2012, and leave Canada after that, now I got message that I have to pick-up my card. My question is:
1] Can I pick up my card from USA's Canadian embassy closest to me?
2] I meet residency requirement -OR should I just cross border by road with my expired PR card?
Please... I need your help and soon. All replies are appreciated.
Thanks much,

Immigration will not send your PR card to an embassy for your convenience. You will have to return to Canada to pick it up.

If you are visa exempt, return to Canada on the strength of your passport. When you arrive at immigration, show your expired PR card and the letter to pick up your new PR card.

If you are not visa exempt, you can enter by land in a private or rented car or on foot, again, showing your expired PR card and letter to pick up the new one or if you want to fly in, you could apply for a PR travel document at an embassy near you.

 

[puma]

What questions can my friend expect regarding her expired PR Card at the US-Canada land border and how best can she answer them in order not to be reported?

 

[Leon]

If she does meet the residency requirements, she should say that she does but that she could not renew her PR card because she was outside Canada.

If she doesn't meet the residency requirements but has mitigating circumstances, like taking care of a sick relative, she should say that.

 

[puma]

Thank you.