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Expired Residence Card

yeyehoo86

Newbie
Dec 2, 2017
6
0
I am from visa exempt country. I left Canada 5 years ago and I would like to go back. In the meantime I have a new passport with no indication of my links with Canada. Can I just take a flight and enter as a tourist and remain there for two years and request for my card to be renewed? Or shall I try to pass by the USA ?
 

scylla

VIP Member
Jun 8, 2010
93,843
21,034
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Even though you have a visa exempt passport, you would still need to obtain an eTA to fly to Canada directly. When you apply for the eTA, they will figure out you're a PR and refuse the eTA (PRs don't qualify for eTAs).

Yes - you can fly to the US and re-enter Canada by land using a private vehicle. Note that if you are reported at the border for failing to meet the residency requirement, you'll be required to appear at a hearing to argue why you should be allowed to keep your PR status and should expect to lose your status unless you have strong H&C reasons for failing to have done so.
 

yeyehoo86

Newbie
Dec 2, 2017
6
0
Thanks very much for the clarifications. I do believe I have a strong h&C reasons as I have two nationalities and the country I am from was hit by a civil war that started right when my PR expired, I was back home and my great grand mother who was to ill to be displaced slowly died from several health issues and I have several documents that could prove it. That being said I still have questions, can they figure out I am a PR if I enter Canada by road? and if I managed to enter without being reported can I just remain in the country for two years and apply for a PR card without justifying myself?
 

scylla

VIP Member
Jun 8, 2010
93,843
21,034
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes - they can find out you're a PR if you travel by road. And if you are flat out asked, you of course should never lie.

Yes - if you manage to enter without being reported, then once you have lived in Canada for two years straight, you can apply to renew your PR card.

Your grandmother could be a strong H&C reason if you can prove her illness and there are no other family members living in the country.
 

yeyehoo86

Newbie
Dec 2, 2017
6
0
Thank you very much for the reply! It all makes sense, now. I just would like to know where I can download the documents I need to prove my H&C reasons to immigration.
 

scylla

VIP Member
Jun 8, 2010
93,843
21,034
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I'm not sure what you mean by download.

You need to collect medical records / hospitalization records / doctor letters to prove your grandmother's condition and also evidence that she has no other family in her home country.
 

yeyehoo86

Newbie
Dec 2, 2017
6
0
I thought their was a list of documents I should have with me to prove my case and that I could download that list from an official website. Thank you very much.
 

scylla

VIP Member
Jun 8, 2010
93,843
21,034
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
No - there's nothing like that.
 

yeyehoo86

Newbie
Dec 2, 2017
6
0
So if I understand correctly all I need to do is to apply for a renewal and expose my case with those documents and that will be enough for them to start processing my request.
 

scylla

VIP Member
Jun 8, 2010
93,843
21,034
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
So if I understand correctly all I need to do is to apply for a renewal and expose my case with those documents and that will be enough for them to start processing my request.
It's not that simple. Just having the documents doesn't mean that CIC will accept your H&C argument. If they don't feel this adequately explains the fact you have failed to meet the residency requirement, your PR status will be revoked. It's still very risky.
 

yeyehoo86

Newbie
Dec 2, 2017
6
0
I clearly understand that they might reject my documents or even ask for more, my comment was just focused on the process I need to follow to introduce my request. But either way I think I'll just wait two years before applying for a renewal of my resident card, unless I am reported.