Lost PR Card outside Canada; Not met residency obligation for PRTD

[luluhunt]

Hi all, i went on a trip recently and I lost my PR Card. I'm currently outside Canada and have been living away for 3 years now. I realize the next step is to apply for PRTD, but I'm afraid to apply for one as I have not met the residency obligation of 730 days / 5 years. Even if my card still expires in 2024, I still won't be able to meet the 730 days by then. I now have two courses of action:

* Apply for Canada PRTD under Humanity and Compassionate Grounds (I was still in University when I received my PR Status and once I graduated, COVID hit)
* Enter Canada through US-Canada land border as I've heard they accept CoPR there. I've heard from multiple people they've been allowed to enter, but what are the chances that my RO will be investigated in the land border?

Hope I may receive guidance on which step I should take next. I'd really like to keep my PR status as it was always in the plan to move there next year. Thank you in advance.

 

[armoured]

* Enter Canada through US-Canada land border as I've heard they accept CoPR there. I've heard from multiple people they've been allowed to enter, but what are the chances that my RO will be investigated in the land border?

There are multiple threads on this here. While you have to decide, returning through USA (if you can) is preferable - less chance of report / outright refusal/formal declaration of you being inadmissible (subject to appeal, but even appeal chances better if you are in Canada).

You will be admitted this way. Chances are better, as above - although no-one can quantify that. And you can remain/get established if you should get reported.

 

[Ponga]

I agree. Option two seems the best choice, IMHO.

 

[sdeepakrathod007]

Hi..This is on the same condition as mine.. I had PR landed in Jan 2017 and returned back o my home country after 5 days,, I had planned to mve back but couldnt ..Then covid hit and i could not enter back.. PR card got expired in Feb 2022 ..i couldnt meet my Residency obligations as well...Will crossing the land border will be sucessful in my case...

 

[dpenabill]

Hi..This is on the same condition as mine.. I had PR landed in Jan 2017 and returned back o my home country after 5 days,, I had planned to mve back but couldnt ..Then covid hit and i could not enter back.. PR card got expired in Feb 2022 ..i couldnt meet my Residency obligations as well...Will crossing the land border will be sucessful in my case...

If you present a passport and expired PR card (or otherwise your identity and PR status are sufficiently established by border officials) you will be entitled to enter Canada.

Since you are clearly in breach of the Residency Obligation, upon arrival at the Port-of-Entry the proper procedure will be to examine you in Secondary, prepare a 44(1) Report for Inadmissibility due to breach of RO, and refer that to another officer to review. The reviewing officer will consider H&C factors and decide whether to issue a Removal Order, or to allow you to keep PR status based on H&C reasons. If a Removal Order is issued you will still be allowed to enter Canada and have 30 days to make an appeal.

As a practical matter, some PRs in breach are waived through the PoE without being subject to a RO examination and there is no Inadmissibility Report. Near impossible to forecast the odds, but if you were last IN Canada more than five years ago, the risk of being subject to RO compliance questioning and Reported is probably high . . . noting, for example, if you left Canada in January 2017 and did not return here for three years after that, you were already in breach of the RO before any travel restrictions were implemented due to Covid.

 

[Copingwithlife]

Hi..This is on the same condition as mine.. I had PR landed in Jan 2017 and returned back o my home country after 5 days,, I had planned to mve back but couldnt ..Then covid hit and i could not enter back.. PR card got expired in Feb 2022 ..i couldnt meet my Residency obligations as well...Will crossing the land border will be sucessful in my case...

No one knows