No PR but have my Record of Landing IMM1000

[rvilla]

Hello everyone,

I have been reading a lot of cases that are similar to mine, so I wanted to share mine and see any advice you can give me.

I arrived in Canada in 1992 as PR, an uncle sponsored us, I was a minor when I arrived (11 years old), the sponsorship was for 5 years but the economic situation was really hard back then for my uncle and for my dad, two and a half years after, my dad decided to come back, so we had to come back.

When I was old enough to go back I did not have the money to travel or settle, and my uncle moved to the US, so eventually time passed by and I started saving and I would like to try to settle, I understand it's been a long time but I loved my time there and would love to try and come back.

I do have an US visa so I can enter the border in a private vehicle.

From what I've read H&C grounds would be a long shot, but I know I have to tell the truth as to why I could not come back and my intetions to stay this time if allowed.

My question is:
1. Would it help to cross the border with a family member who is a Canadian Citizen? Or you recommend I arrive by foot by myself?
2. Since I have my record of landing (IMM 1000), can the Immigration officer still deny me entry? Let's say he reports me, do I have the right to enter just to wait for the appealing process?
3. Any tips on how I could explain the Immigration officer my case about why I could not come back? I really didn't want to live off the state or arrive without any money to support me once I could, and to be honest I really thought my PR was already expired, but from what I've read an Immigration officer has to determine that status, and now I have the US visa I could at least try to enter by land border.
4. Any experience about the success of crossing the border without many issues?
5. I'm planning on crossing the Rainbow Bridge border, any tips about the chances of passing there?, since it's a really busy border maybe I have a better chance.

I would really appreciate your help, I'm planning to go to Buffalo in July and cross the border in Rainbow bridge.

Thank you guys

 

[Leon]

Re: Tips for Crossing Border in July with Old Record of Landing

If you are not visa exempt to Canada, you will have to introduce yourself as a PR with your old record of landing and it is fairly likely that they will report you for not meeting the residency requirements. If they do, you can appeal this and they will let you stay in Canada while they process your appeal which can take a year or two. You can apply for a PR card based on having been reported but they will only give you one that is valid for one year at a time.

Your chances of winning an appeal I think are fairly low. You would have had a good chance 10 years ago as you were a young adult and you might have said you were returning first chance after reaching the age of majority but now you are over 30, I don't think your chances are very good any more.

If they don't report you but let you enter anyway, you would have the option to stay for 2 years without applying for anything from immigration and thereby bring your PR status back in good standing.

If you were visa exempt, it would be easier because you could enter as a visitor without disclosing that you are a PR.

 

[rvilla]

Thank you for your response Leon.

I think that if they report me as long as they let me enter to Canada I can have a chance to be in the appeal process and eventually prepare for whatever Immigration decides.

In case I don't get reported I would definitely stay the required amount of time as I intend to settle to have the PR status in good standing

I'm not from a visa exempt country, and not until last year I had my US visa approved, going through the US was probable the best chance to enter Canada without being reported.

Do you think entering with a Canadian citizen who is my relative could help a little?

 

[Leon]

It might help to have your relative there as emotional support. I don't know if it will influence the immigration officer though. I would just suggest telling the truth. You were removed from Canada as a minor and you did not try to return because you thought you had lost your PR. Then see what happens.

If you get reported but use your appeal time to work and make connections, if you end up losing your appeal, your employer can possibly try to get you back on a work permit and you may have the possibility of applying for PR again.

 

[Msafiri]

1. Showing up at any land border crossing with a Form IMM1000 as your only basis for admission as a PR especially one that is 22 years old will see you sent to Secondary Inspection. To get a pass on the RO you need to find a CBSA agent that doesn't care, doesn't know what they are doing or has decided to give you the mother nay the grandmother of all breaks. Just be upfront with the CBSA agent about your situation - they do this for a living and can smell any bravo sierra you bring forth and they do tend to appreciate honesty.

2. Leon detailed the appeal process - the most important thing is to appeal within 30 days if they do report you so the removal order you get issued doesn't become a deportation order.

3. Some PRs wisely use the appeal time to upgrade their work and/or educational credentials which they then re-use to re-apply for PR. Other's think they have a free pass on getting a visitors visa and use their limited validity PR Cards to travel back and forth only to find the courts even less sympathetic to their plight - this will be a target for PR appeal reforms at some point in time.

4. In reference to your other thread the CBSA agent can't deny you admission into Canada as there has not been a final determination as to your PR loss. You are a PR until loss as per either you not appealing, loss of any final appeal before the IAD or FC as the case may be (inadmissibility grounds). Other than inadmissibility PR loss occurs by voluntary relinquishment, being deceased or when you become a citizen.

 

[rvilla]

Thank you guys for all your help! I appreciate it.

I intend of telling the truth, the uncle that sponsored us told us we didn't have it anymore, but later on researching and asking I saw that at least I had to go and find out by myself, since at least you have to try to enter and see what happens. I plan to be honest and tell them my situation, I do work in IT and I've been thinking doing a course and do some networking from here, maybe I won't get hired applying from abroad, but if I keep those contacts once in Canada they might give me an opportunity.

Thanks again for all the advice, it's a relief to be more informed, I cannot go back in time but at least now I know the process I can go through and prepare.

 

[Daad]

Hello everyone,

I have been reading a lot of cases that are similar to mine, so I wanted to share mine and see any advice you can give me.

I arrived in Canada in 1992 as PR, an uncle sponsored us, I was a minor when I arrived (11 years old), the sponsorship was for 5 years but the economic situation was really hard back then for my uncle and for my dad, two and a half years after, my dad decided to come back, so we had to come back.

When I was old enough to go back I did not have the money to travel or settle, and my uncle moved to the US, so eventually time passed by and I started saving and I would like to try to settle, I understand it's been a long time but I loved my time there and would love to try and come back.

I do have an US visa so I can enter the border in a private vehicle.

From what I've read H&C grounds would be a long shot, but I know I have to tell the truth as to why I could not come back and my intetions to stay this time if allowed.

My question is:
1. Would it help to cross the border with a family member who is a Canadian Citizen? Or you recommend I arrive by foot by myself?
2. Since I have my record of landing (IMM 1000), can the Immigration officer still deny me entry? Let's say he reports me, do I have the right to enter just to wait for the appealing process?
3. Any tips on how I could explain the Immigration officer my case about why I could not come back? I really didn't want to live off the state or arrive without any money to support me once I could, and to be honest I really thought my PR was already expired, but from what I've read an Immigration officer has to determine that status, and now I have the US visa I could at least try to enter by land border.
4. Any experience about the success of crossing the border without many issues?
5. I'm planning on crossing the Rainbow Bridge border, any tips about the chances of passing there?, since it's a really busy border maybe I have a better chance.

I would really appreciate your help, I'm planning to go to Buffalo in July and cross the border in Rainbow bridge.

Thank you guys

hello dear. Can i know what have happened in your case until now? Have you entered canada and got your pr back? I have the same case so i need to know the procedure you got through.

 

[canuck78]

hello dear. Can i know what have happened in your case until now? Have you entered canada and got your pr back? I have the same case so i need to know the procedure you got through.

Do you even have a SIN? If you don’t have one and somehow don’t get reported you can’t work.