PR card Expired in FEB 2011 - LEON NEED YOUR FEED BACK

[kknl]

Hi Leon,

I didn't maintain my status and My PR card expied in FEB 2011.
I got an job offer from one of the BIG5 consulting firm based at Toronto,Canada.They filed LMO and it got approved.
I spoke to Attorney what is the best way to save my PR ,he told me that he will prepare a document and carry with that
and travel by road,at the border visa officer may consider and let me inside or he may not allow then attorney told me to apply work permit thru approved LMO.

I am not sure whether they allow me to go and If I apply for Travel document along with Offer letter under H&C I am not sure how much time it will take.The company wants me to come at the earliest.

I am in confused stage,whether I need to try to enter with My Expired PR card or apply workpernit with approved LMO.

Is there a way to reactivate my old PR card.

Thanks
kknl

 

[Leon]

Are you visa exempt to enter Canada, if yes, you can arrive with your landing papers and expired PR card and see what they say. If they ask you if you meet the residency requirements and you say no, you get to enter Canada but they could decide to report you for not meeting them in which case you would have to appeal to keep your PR within 30 days. If they don't report you, you can enter Canada, stay for a full 2 years without leaving, apply for a new PR card and you are good.

If you are not visa exempt, you need to apply for a travel document. At that point, the embassy will decide if you keep your PR or not. If not, you have the option of applying for a work permit.

 

[kknl]

Hi Leon,

Thanks for the response.I don't come under exempt visa category.Do I need to apply Travel document along with my approved LMO which I got it for 4 years.

Or Should I go with my expired PR card by road and show the documents along with approved LMO.Will they allow me
to enter.

Do you have any reference of any attorney who can deal this kind of situation.I am sure I need a help from any firm.

Can you please give your valid feed back on this.

kknl

 

[Alabaman]

I think the best thing is to go with what your lawyer said - go by road with your expired PR card as soon as soon as possible. If you are denied entry thena apply for a work permit. You might be lucky at the border.

 

[kknl]

Hi,

Thanks for the message.when I checked CIC rules in the site,they mentioned very clearly that they will not allow with expired card.

Do you know any cases travelled with PR expired card of non US citizens.

thanks
kknl

 

[Leon]

Thanks for the message.when I checked CIC rules in the site,they mentioned very clearly that they will not allow with expired card.

Do you know any cases travelled with PR expired card of non US citizens.

That they will not allow what with expired card? Please post a link to this info so we know what you are referring to.

The problem for you if you are not visa exempt is being able to enter Canada using any type of commercial carrier like a plane or a bus. They will want to make sure that you have the proper visa to enter Canada so either a valid PR card, visa exempt passport, PR travel document or tourist visa. This has nothing to do with CIC.

If you use private transport, you will most likely get in with an expired PR card but it is possible if they think you don't meet the residency requirements that they will report you for it and you have to appeal for your PR.

 

[kknl]

Hi Leon,

Here I am enclosing the link.

http://www.canadainternational.gc.ca/uae-eau/visas/faq.aspx?view=d

If they allow me to enter,they will issue romoval order becaz i have not maintained my status.Since I got my LMO,will they
allow me to stay in the country on work permit.I am not sure how it works.

thanks
kknl

 

[Leon]

Hi Leon,

Here I am enclosing the link.

http://www.canadainternational.gc.ca/uae-eau/visas/faq.aspx?view=d

If they allow me to enter,they will issue romoval order becaz i have not maintained my status.Since I got my LMO,will they allow me to stay in the country on work permit.I am not sure how it works.

thanks
kknl

It says you can not travel. It does not say you can not enter. The reason you can not travel is because of the airline. The airline will not let you board the plane with an expired PR card unless you have another visa or a visa exempt passport or a travel document.

If you want to be completely 100% honest with immigration, you will apply for a travel document listing the reasons you did not meet the residency requirements and see if they give you one. If they do, you can go to Canada. If they say no, you will lose your PR and could apply for a work permit with your LMO. In order to get a work permit, you have to show strong ties to home country so they believe that you will not overstay.

If you want to try to keep your PR, you would probably have a better chance if you tried to enter from land with your expired PR card. You might be grilled but nobody can say for sure that they will issue a removal order because you did not meet the requirements. First off, they will make the decision if to report you for not meeting the requirements. If you say that you had good reasons for why you couldn't, they might not. Even if they report you, it is still not certain that they would issue a removal order. At least you would get the chance to appeal.

 

[bavarian]

Leon

I am in a similar situation. I became a permanent resident in Feb 2010 after crossing the border at Niagara falls. I would like to travel to Canada for a few days. If I enter Canada at this stage will I have any issues? I haven't maintained ties with Canada after becoming permanent resident. Please advise. Thanks.

 

[Leon]

Leon

I am in a similar situation. I became a permanent resident in Feb 2010 after crossing the border at Niagara falls. I would like to travel to Canada for a few days. If I enter Canada at this stage will I have any issues? I haven't maintained ties with Canada after becoming permanent resident. Please advise. Thanks.

Bavarian, you are not in a similar situation. The original poster did not meet his residency requirements and his PR card is already expired. You only became a PR 2 years ago. Your PR card is still valid and you still meet the residency requirements. You will have no issues.

 

[kknl]

Hi leon,

Thanks for your feed back.

I can't apply Travel document becaz this may take longer time and we dont have control on process time. Before apply for work permit,as you suggested I would like to try going thru road.

I got couple of questions as follows.

1.If I go thru road with my expired PR card,I need to explain to the border officer that why I couldn't maintain my status and reasons.They may take a decision whether to allow me or not.

2.If they allow me without report then i need to stay in canada for 2 years then apply for renewal and if they report to the immigration then what will happen to me incase if they revoke my PR .Imagine I will go for my appeal and I loose.

3.Can I change my status in canada from my PR to work permit with my approved LMO or I need to come out of the canada and take work permit stampping and again I need to enter ?

4.what are the chances to go thru road with expired card,is there any cases where the border visa officer considered allowing with my situation ,did you see anybody with successfully done this process.

5.If they don't allow me to enter I can come back without going thru US immigration right since they dont allow i will be sent back to US on the same road i think.I got valid visa and I dont have any issue of coming back incase if they ask me to go thru US immigration too.

Please let me know ur feed back.

thanks

kknl

 

[Leon]

1) I assume they will ask you some questions and want some answers. You can say that you will clear your reasons when you apply to renew your PR card but I do not know if they will feel that is enough.

2) Probably

3) If you lose your PR, you will have to leave again and apply for a work permit from the outside.

4) I think I told you before, I can not tell you what the chances are. I have definitely heard of people crossing the land border with no PR card or expired PR card. I have also heard of people who have crossed while admitting that they did not meet the residency requirements and said they had a good reason like taking care of a sick parent.

5) They will not refuse you entry because they are not allowed to. They can either let you in and report you or let you in and not report you but if you decided after talking to them that you do not want to enter Canada after all, assuming you had a visit visa to the US in order to do this, you could return to the US again.

 

[kknl]

Hi Leon,

I just spoke to immigraton Attorney and I was told that they prepare entry package to me and I asked to go by road.If they don't want to allow,attorney told me to handover the entry package given to me.

Immigration attorney told me that there people with my situation that not maintained minimum days and got a job offer and entered thru road.Attorney told that if they allow you that means they will not report and if they don't allow then surrounder my PR card and come back US and apply for workpermit.

Attorney told that there so many cases where they allowed since i am holding a job offer and they don't see any situation that they will not.My attorney told me that i shoul try this approach first to see i can save my PR or else apply for Work permit and later again apply for PR.

I have decided to try this by road and see will they allow and if they thats fine or else come back to US and apply work permit.

I hope i will not have any issue trying to enter thru expired PR card of FEB 2011.Do you see any forsee issues.Are they going to ask questions across the car or Do i need to go to there office.I am not very clear how it works.

please give your feed back.

thanks
kknl

 

[Leon]

You arrive at the border and they will tell you what to do. I think it likely they want you to step inside their office for a chat.

 

[kknl]

Hi Leon,

If they ask me to come to there office what is going to happen for me.will they ask me to go back or will they allow go thru
with my PR.

I dont think they will allow me to go inside with my PR

please tell me ur honest opinion,is it worth of doing this process or should i apply for Work permit and reapply my PR

thanks
kknl