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Expired PR - RO req not fulfilled - US citizen

sachinkc

Newbie
May 2, 2017
1
0
I had got my Canadian PR card in May 2006. I was working and living in US and still am. Now became a US citizen. I never got to go to Canada since I got my PR card which expired in 2011. I had always wanted to come back but lack of work opportunities for me in Canada always kept me from doing that.

I realized that probably Canada was a better place for me. Is it possible for me to get a valid PR card again so I can live in Canada and hopefully become a citizen too at some point. If so, can someone guide me?
 

ttrajan

Champion Member
Oct 14, 2013
2,236
49
Category........
AINP
Job Offer........
Yes
LANDED..........
15-08-2012
You need to stay 2 out of last 5 years to retain your PR status.
 

Tubsmagee

Hero Member
Jul 2, 2016
438
131
sachinkc said:
I had got my Canadian PR card in May 2006. I was working and living in US and still am. Now became a US citizen. ,I never got to go to Canada since I got my PR card which expired in 2011. I had always wanted to come back but lack of work opportunities for me in Canada always kept me from doing that.

I realized that probably Canada was a better place for me. Is it possible for me to get a valid PR card again so I can live in Canada and hopefully become a citizen too at some point. If so, can someone guide me?
Why do you think Canada is a better place for you? Anyway, if you can get across the border without being flagged, and then manage without official Canadian ID for two years without leaving, you might be able to get back into compliance.
 

spousalsponsee

Hero Member
Apr 21, 2017
573
170
In order to retain PR of Canada, you must spend two years out of every five in Canada. You have spent zero out of the last eleven.

You are nowhere close to meeting the Residency Obligation. Your options are:
1) Attempt to cross the border. If you are allowed in without your breach being detected, your PR is extant, and you should remain in Canada for at least two years, and then renew your card.
2) Attempt to cross the border. If your breach is detected, your PR will be removed (technically this isn't certain, you can appeal, go to court, but you would need very convincing reasons, and wanting to live in the USA for a decade isn't one of them). If you want to live in Canada again, you would need to wait until your PR had been removed from you, and then apply again, through an economic or family stream.
3) Voluntarily surrender your PR, and then apply again, through an economic or family stream. If you qualify, this would be faster than (2), as you would not need to wait for IRCC to strip you of your status.
 

HamiltonApplicant

Hero Member
Apr 3, 2017
488
122
Hamilton
Visa Office......
Munich, Germany
App. Filed.......
Jan 2007
Med's Request
Dec 2009
Med's Done....
Jan 2010
Passport Req..
Apr 2010
VISA ISSUED...
May 2010
LANDED..........
25-11-2010
As a US citizen, even in the most adverse case at the immigration, you will be allowed to enter Canada. So move in, establish a base and take the appropriate action toward realizing your PR
 

spousalsponsee

Hero Member
Apr 21, 2017
573
170
HamiltonApplicant said:
As a US citizen, even in the most adverse case at the immigration, you will be allowed to enter Canada. So move in, establish a base and take the appropriate action toward realizing your PR
You are advising something which is irrelevant to the question.

As a US citizen, they are very likely to be allowed entry into Canada (although 'the most adverse case' is being banned from Canada, which happens to US citizens like anyone else). As a PR, they have the legal right of entry into Canada (so cannot receive that most adverse case). However, if the border officer reports them for not meeting their PR Residency Obligation (which is highly likely, for spending 0/11 years in Canada, with a 2/5 requirement), then a chain will likely be begun and eventually their PR will be lost.

They can guarantee their entry by pointing out they are a PR (and therefore have a legal right), but that will also guarantee the breach is detected. If they attempt to enter whilst trying to hide it (which is NOT a good idea), they may be refused entry like any other US citizen attempting to just move to Canada would be.
 

HamiltonApplicant

Hero Member
Apr 3, 2017
488
122
Hamilton
Visa Office......
Munich, Germany
App. Filed.......
Jan 2007
Med's Request
Dec 2009
Med's Done....
Jan 2010
Passport Req..
Apr 2010
VISA ISSUED...
May 2010
LANDED..........
25-11-2010
spousalsponsee said:
You are advising something which is irrelevant to the question.

As a US citizen, they are very likely to be allowed entry into Canada (although 'the most adverse case' is being banned from Canada, which happens to US citizens like anyone else). As a PR, they have the legal right of entry into Canada (so cannot receive that most adverse case). However, if the border officer reports them for not meeting their PR Residency Obligation (which is highly likely, for spending 0/11 years in Canada, with a 2/5 requirement), then a chain will likely be begun and eventually their PR will be lost.

They can guarantee their entry by pointing out they are a PR (and therefore have a legal right), but that will also guarantee the breach is detected. If they attempt to enter whilst trying to hide it (which is NOT a good idea), they may be refused entry like any other US citizen attempting to just move to Canada would be.
As a US citizen, sachinkc can enter Canada, and work here under NAFTA treaty provisions. If I can believe some messages in this forum, detection of breach is not guaranteed. Besides, sachinkc can also invoke humanitarian reasons!

Everyone, including the person who raised the question, knows the RO are not met and retention of PR is a long shot, but it is not a cut and dried case of PR revocation as you are suggesting either!
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
HamiltonApplicant said:
As a US citizen, sachinkc can enter Canada, and work here under NAFTA treaty provisions.
NAFTA doesn't work that way. A US citizen attempting to work for a Canadian employer under NAFTA needs to have a job offer in hand, show the job qualifies under NAFTA, and also that they have education/work experience that matches the job requirements.At the POE you can get a NAFTA work permit on the spot from CBSA if you meet all the qualifications.

An American can't simply walk into Canada and state they intend to work here under NAFTA in general. If no NAFTA work permit is approved at the border, one must enter as a visitor only and comply by visitor rules.

Of course this does not apply to PRs. A PR attempting to apply for NAFTA work permit will most likely just end up with their PR status being discovered and being reported for not meeting RO.

If I can believe some messages in this forum, detection of breach is not guaranteed.
Right, it's not guaranteed. It depends on the specific CBSA officer you happen to get, and what kind of questions you're asked.

Even if entering without being reported, it could then be difficult to live in Canada 2 straight years with no valid PR card, and not leaving for 2 years for any reason due to risk of being reported on next re-entry.

Hopefully they have a SIN already to re-activate. If no SIN was obtained when they first became PR, it will be impossible to get a new one now and staying here 2 years without being legally able to work will be next to impossible.

Besides, sachinkc can also invoke humanitarian reasons!
With no time spent in Canada for past 11 years, I highly doubt any H&C reasons apply here. If RO is discovered, I would predict PR status will eventually be revoked.