Expired PR !

[voicetel]

Dear Leon,

You said..

"You have a better chance at the border, worse with a travel document. If you apply for a travel document, immigration must make a determination of if your reasons for staying outside Canada fall under Humane and Compassionate grounds. If they don't, you simply lose your PR. If you try at the border from the US, it is possible that an immigration officer will let you through, maybe after giving you a lecture. If that happens, you just have to stay for 2 years and then your PR is in good standing again. If the immigration officer reports you for not meeting the requirements, you would be in the same situation as if you had applied for a travel document, that is, you would have to appeal for your PR and immigration will look into why you did not meet the residency requirements."


- If I apply for a travel document as H&C grounds (with good reasons) should it be better than try at the border? Cause if an immigration officer report me, can I ask for H&C grounds yet? Or I would go straight to the appeal ? Would not it be worse that I had trying to get directly trying to go unnoticed ? as a punishment ?

 

[Leon]

Dear Leon,

You said..

"You have a better chance at the border, worse with a travel document. If you apply for a travel document, immigration must make a determination of if your reasons for staying outside Canada fall under Humane and Compassionate grounds. If they don't, you simply lose your PR. If you try at the border from the US, it is possible that an immigration officer will let you through, maybe after giving you a lecture. If that happens, you just have to stay for 2 years and then your PR is in good standing again. If the immigration officer reports you for not meeting the requirements, you would be in the same situation as if you had applied for a travel document, that is, you would have to appeal for your PR and immigration will look into why you did not meet the residency requirements."


- If I apply for a travel document as H&C grounds (with good reasons) should it be better than try at the border? Cause if an immigration officer report me, can I ask for H&C grounds yet? Or I would go straight to the appeal ? Would not it be worse that I had trying to get directly trying to go unnoticed ? as a punishment ?

You would not be punished if you try to enter at the border. You would have the added option of maybe getting lucky with an immigration officer who lets you enter without reporting you. If you don't have that luck, you still have the possibility to appeal using H&C grounds and you can live and work in Canada as a PR during the appeal processing which may take 1-2 years.

If you apply for a travel document, your case will be decided without you coming to Canada. You would not have the added chance of an immigration officer making the decision not to report you. Applying for a travel document requires you to list your absences and they will have to make the determination right away if your H&C grounds are good or not.

However, basically it is up to you what you want to do. Good luck.