Need Advice: Complicated PR case

[crusader911]

You are a legal resident of Canada, even if you are reported and the right to enter and appeal remains the same. As long as you have a SIN number, you can work. As I said, obtaining healthcare might be a struggle. Keep in mind that if you do make it in without being reported, remaining for 2 years, regardless of circumstances would be key.
Worst case, you can try entering and if reported you can actually start the process to renounce at the border. It would have no implications on future applications.

I wouldn't have an issue to stay in Canada for 2 years. Healthcare is not that important to me, I get seasonal allergies and some heartburn here and there. But if an emergency prevails, would I have no healthcare at all? I know without healthcare, it would be really expensive and I would just have to keep on paying my whole life if something like that happens. Fingers crossed and nothing would happen but still, better safe than sorry. Also, if that's what it takes to be a PR again, I am ready!!

 

[devnill]

Thank you @canuck78 and @devnill. Both of your answers are really helpful to me. I am pretty much clear about what I would have to face when I enter Canada via a private vehicle on road. However, what do you mean by limbo? Would I not be able to work? Would I be a legal citizen or an illegal one. Shouldn't it be better to just revoke my PR card now and then give IELTS and apply for express entry? I know there's always a risk of being rejected but doesn't that feel like a faster option to get a valid PR card? And I don't know what will happen to me if I get reported, would I be blacklisted and never get a PR card ever?

I apologize for asking such minute details, however, my life depends on it. My US visa is expiring this December (i.e. 2020) in 6 months. I cannot go back to my country right now as my conditions there won't allow me. I have to support my family and work in Canada. That's why I want options. You guys are the expert and you can definitely suggest a better route. I emailed a few lawyers but their fees are really expensive and I cannot afford it. I really appreciate all of your help here, helping me in these tough times.

If you have enough points for Express Entry then that is for sure the best way to go. But they haven't issued any ITAs to people living outside Canada since the pandemic started and there's no way to know if/when this may change. But this would enable you to start fresh.

If you decide to go to the border you will either be reported or not. If the agent decides to write a report then you will be issued a departure order. This departure order can be appealed (and then I think appeal can also be appealed). A lawyer for any appeal would be a good idea. If the departure order is upheld then you will be given 30 days to leave Canada. So long as you leave within this period, you can apply for PR again. But I believe none of the time spent in Canada while under this order will count towards Citizenship or PR residency obligation.

If you are not reported, then as mentioned you need to meet the RO again, which means spending two years in Canada and not leaving but also having no interaction with IRCC whatsoever. Under both circumstances you can work but getting healthcare and a drivers license may not be possible. Healthcare is expensive without any cover.

 

[Buletruck]

My research is from the Canadian Government Website and from all these forums. I have been reading up experiences of what people say. If I use the border router, there is no coming back for me. I have to stay in Canada. I just need a confirmation that the border agent will not turn me back or not grant me an entry to Canada. If that happens, I live in Florida and I would invest all these time and money in moving my home and it would be wasted. Again, that is a risk I am willing to take if the chances of me getting an entry in Canada is more than 60%. What do you say? You seem like an experienced person. Also, if for some miracle, I get an entry to Canada, what would be the process if I get reported? Do I hire a lawyer there? What if they reject my appeal and they kick me out of the country? That would be devastating.

Unless there is serious criminality issues, they can’t deny you entry once they establish you are a PR. If you are reported, you will have 30 days to submit an appeal. You can start this yourself, but a lawyer would be an asset. If the appeal fails, there is judicial review after that. You do need a lawyer for that process. If that fails, yes, you loose you status and have to leave Canada. The whole process can take several(4-5) years. If you are reported, time spent in Canada does not count for RO until the appeal process has run its course.

 

[crusader911]

If you have enough points for Express Entry then that is for sure the best way to go. But they haven't issued any ITAs to people living outside Canada since the pandemic started and there's no way to know if/when this may change. But this would enable you to start fresh.

If you decide to go to the border you will either be reported or not. If the agent decides to write a report then you will be issued a departure order. This departure order can be appealed (and then I think appeal can also be appealed). A lawyer for any appeal would be a good idea. If the departure order is upheld then you will be given 30 days to leave Canada. So long as you leave within this period, you can apply for PR again. But I believe none of the time spent in Canada while under this order will count towards Citizenship or PR residency obligation.

If you are not reported, then as mentioned you need to meet the RO again, which means spending two years in Canada and not leaving but also having no interaction with IRCC whatsoever. Under both circumstances you can work but getting healthcare and a drivers license may not be possible. Healthcare is expensive without any cover.

I still haven't given IELTS, but I think I will score a decent score there. I calculated my points in their calculator and they say I am eligible to apply (assuming I will get enough points in IELTS). I have a Master's Degree in Computer Science from the US, I also have 2 years of full-time work experience in the US. I am 26 years old and I speak fluent English. I am single (never married). I don't know if these characteristics are good or not.

 

[crusader911]

Unless there is serious criminality issues, they can’t deny you entry once they establish you are a PR. If you are reported, you will have 30 days to submit an appeal. You can start this yourself, but a lawyer would be an asset. If the appeal fails, there is judicial review after that. You do need a lawyer for that process. If that fails, yes, you loose you status and have to leave Canada. The whole process can take several(4-5) years. If you are reported, time spent in Canada does not count for RO until the appeal process has run its course.

Oh wow, 4-5 years is a long time. And it won't even count as my RO. So the next 5 years of my life depends on whether the officer reports me or not. That's crazy. I am thinking of applying for PRTD as soon as the VAC in the states opens up and obviously it will be rejected. Then, I can start from scratch and can try the express entry. What do you say? I can't be in Canada for 4-5 years without going back to my country (atleast for 20 days max). I need to see my family and some of my friends are getting married. But I can stay in Canada for 2 years straight, not more than that without taking a small vacation.

 

[Buletruck]

Oh wow, 4-5 years is a long time. And it won't even count as my RO. So the next 5 years of my life depends on whether the officer reports me or not. That's crazy. I am thinking of applying for PRTD as soon as the VAC in the states opens up and obviously it will be rejected. Then, I can start from scratch and can try the express entry. What do you say? I can't be in Canada for 4-5 years without going back to my country (atleast for 20 days max). I need to see my family and some of my friends are getting married. But I can stay in Canada for 2 years straight, not more than that without taking a small vacation.

It’s your decision. The 4-5 years is only if you are reported and run through the entire appeals process. Again, drive up to the border and try. If you are reported, you will have 30 days to make arrangements or appeal. You can withdraw your appeal anytime you choose to and leave. Just going through the options and drawbacks.

And if you are going to apply for a PRTD why not just renounce your PR now.

 

[crusader911]

It’s your decision. The 4-5 years is only if you are reported and run through the entire appeals process. Again, drive up to the border and try. If you are reported, you will have 30 days to make arrangements or appeal. You can withdraw your appeal anytime you choose to and leave. Just going through the options and drawbacks.

Oh, That makes sense. I thought that if I am reported, my 4-5 years would be gone. But if I can withdraw my appeal, I basically revoke my PR, right?

If that's the case, I can do that and can apply for Express entry as soon as I cancel the appeal?

Also, what are the chances that the officer will report? Are there any deciding factors? Do they always report? Have you had a case where the officer didn't report?

 

[RocketCity]

Oh, That makes sense. I thought that if I am reported, my 4-5 years would be gone. But if I can withdraw my appeal, I basically revoke my PR, right?

If that's the case, I can do that and can apply for Express entry as soon as I cancel the appeal?

Also, what are the chances that the officer will report? Are there any deciding factors? Do they always report? Have you had a case where the officer didn't report?

Out of curiosity, say you're working those 4-5 years and then get denied. Can you use those 4-5 years of work experience as Canadian Work Experience to add points to your Express Entry profile?

 

[canuck78]

Out of curiosity, say you're working those 4-5 years and then get denied. Can you use those 4-5 years of work experience as Canadian Work Experience to add points to your Express Entry profile?

No those 4-5 years will not count as Canadian experience.

 

[canuck78]

Oh, That makes sense. I thought that if I am reported, my 4-5 years would be gone. But if I can withdraw my appeal, I basically revoke my PR, right?

If that's the case, I can do that and can apply for Express entry as soon as I cancel the appeal?

Also, what are the chances that the officer will report? Are there any deciding factors? Do they always report? Have you had a case where the officer didn't report?

You don’t actually have H&C reasons. The biggest ones are a serious family interest that prevented you from meeting your RO. Things like hospital records, proof that there is no other family in the home country to care for the sick family members, doctors notes, etc. Minors who were “removed against their will” and are returning to Canada show that they are returning as soon as possible. Most show their age and often show they are registered at school.

 

[crusader911]

You don’t actually have H&C reasons. The biggest ones are a serious family interest that prevented you from meeting your RO. Things like hospital records, proof that there is no other family in the home country to care for the sick family members, doctors notes, etc. Minors who were “removed against their will” and are returning to Canada show that they are returning as soon as possible. Most show their age and often show they are registered at school.

I got it. So basically, I am not getting my PRTD approved. I just want to apply it, so that if I get rejected, I can apply via Express entry as soon as possible. I cannot go with the private vehicle route as 1) I do not have any place to live in Canada 2) I am financially weak right now and if I appeal, I would rather hire a lawyer. Rather than that, I can apply via Express Entry (which is a long process and will take almost 1 year) but it's safe. What do you say?

 

[canuck78]

I got it. So basically, I am not getting my PRTD approved. I just want to apply it, so that if I get rejected, I can apply via Express entry as soon as possible. I cannot go with the private vehicle route as 1) I do not have any place to live in Canada 2) I am financially weak right now and if I appeal, I would rather hire a lawyer. Rather than that, I can apply via Express Entry (which is a long process and will take almost 1 year) but it's safe. What do you say?

Nobody can guarantee whether you will be reported or not. Think even you can agree that there have not been any H&C reasons why you could not have moved to Canada much earlier. You moved to the US instead. In my opinion there is no point in applying for PRTD for H&C reasons. It usually takes numerous months to hear back and with covid it could take much longer. If you want to renounce your PR just renounce your PR and apply for express entry. What is your current CRS score? You will be admitted into Canada if you come via land border. You will have to quarantine for 14 days and not sure how much hiring is going on at the moment. Things are opening up. Coming to Canada if you reported comes with uncertainty. You just need to be prepared for this.