Received PR in 2006;landed in 2007 then after a week left canada and haven't been there since then. PR card expired in 2012, have SIN. Do I've options to re-enter canada through US border on H&C basis ? I was informed ,entry will be allowed in any case,however,if entered as invalid immigrant then I've to appeal in canadian court.Seeking legal opinion.
PR Card Expired. Planning to return to Canada. Options
- Thread starter canadareturn
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If you want legal opinion consult a lawyer as this is just a public forum.
Sure you can try entering via the land border and as a PR you are entitled to enter but given you left 12 years ago you are likely to be reported and your PR status revoked. If you enter without being reported which seems unlikely then you would have to stay put for a minimum of 2 years and not have any contact with IRCC or try to renew your PR card.
What H&C reasons do you have to support an appeal or even an application for a PRTD ? Financial or work related would not count so would need to be something like a seriously ill parent or relative who had nobody else or being removed as a minor although latter only seems to work if not older than around 22
Sure you can try entering via the land border and as a PR you are entitled to enter but given you left 12 years ago you are likely to be reported and your PR status revoked. If you enter without being reported which seems unlikely then you would have to stay put for a minimum of 2 years and not have any contact with IRCC or try to renew your PR card.
What H&C reasons do you have to support an appeal or even an application for a PRTD ? Financial or work related would not count so would need to be something like a seriously ill parent or relative who had nobody else or being removed as a minor although latter only seems to work if not older than around 22
i believe PR would be revoked only if I try to apply for PRTD. It's possible that CBSA would not allow me to enter Canada and revoke the PR ? posting this to hear from others with a similar situation. thanks for your comments.
If you want a legal opinion, you will need to hire an immigration lawyer. No legal opinions here. All of us here are normal people like you.
What are your H&C reasons for failing to meet the residency requirement? Given how long your PR card has been expired and how extremely little time you've spent in Canada, an H&C claim is pretty much guaranteed to fail.
If you apply for a PRTD, yes, you can expect refusal and for this to trigger the process for your PR status to be formally revoked.
Your only real option is to try to re-enter Canada by land and hope you are not reporting for failing to meet the residency requirement. If you are able to enter Canada without being report, you will then need to live in Canada for 2 years straight before you will be able to apply for a new PR card and know your PR status is safe. If you are reported at the border, this will trigger a process to revoke your PR status. Again, given how long it's been since your PR card expired and how little time you spent in Canada, extremely unlikely an H&C argument will succeed.
CBSA has the responsibility to enforce residency obligation at the point of entry. In order to gain access to Canada at a land border, you will need to identify yourself as a PR. At that point in time it will become obvious you are not in compliance.
