Hello dear members.
My pr card is expired 2 years before and i applied for renewal without meeting residency obligations. we were short of 100 days.
i applied for my renewal and went backhome with my wife to look after my old parents. MY renewal is in secondry review.Unfortunately my both parents died now and i am all set to come back to Canada permanently.
i do have usa visa and travelled a lot to usa.
what are my chances if i enter via land border with expired PR CARD and showing my landing paper.
YOU EXPERT OPINIONS ARE HIGHLY APPRECIATED.
THANKS
I am no expert. In general, any post here should not be relied upon to be an expert opinion.
Note that in general H&C cases are, at the least, tricky and can be very difficult to successively make. Caring for aging parents is considered but more than a few of these cases also fail, depending on the particular circumstances (extent to which PRs were previously established in Canada, extent of breach of PR Residency Obligation, whether need to care for parent(s) was predictable at time PR chose to become a PR, and many other factors).
I can offer the following:
The odds of being waived into Canada without a Secondary examination are not good. (Not without committing some kind of fraud at the PoE, which would also have poor odds of succeeding and then would sabotage chances of getting H&C relief; not the way to approach this.)
There is a possibility that prior to your arrival at the PoE, your H&C reasons (if submitted with the PR card application) will have been assessed and if sufficient, that might be apparent in the records the PoE officer(s) access and suffice to warrant a waive-through into Canada. Or, a possibility that a busy PIL officer casually waives you through. But the odds of either of these is probably low.
In contrast, odds of being referred to Secondary, examined regarding PR Residency Obligation compliance, and issued a 44(1) Report are high. While technically it is correct that this
starts the process to revoke your PR status, that process usually (most of the time by a big margin) promptly proceeds to the
FINAL step for revoking PR status, the review by the Minister's Delegate. In particular, most of the time this takes place while the PR is still in the PoE. If the Minister's Delegate finds the report valid in law, the Minister's Delegate then assesses any H&C reasons which would justify the PR's retention of PR status.
A positive outcome in this review by the Minister's Delegate would be good news, a determination that H&C reasons warrant retaining PR status. This should have a positive impact on the PR Card application.
A negative outcome is the
FINAL decision to revoke the PR's status, which is issued to the PR in the form of a Removal Order or Departure Order (two names for the same thing).
So, again, while being reported at the PoE starts the process to revoke PR status, that process tyopically immediately proceeds to a final decision whether to revoke status or not, then and there, before the PR is allowed to enter Canada.
The Departure Order is
NOT immediately enforceable, and the PR has thirty days to appeal. The government does not need to do anything more to revoke PR status, and unless the PR appeals the Departure Order, the order becomes enforceable at the end of period during which an appeal can be made, and as of then, PR status is lost.
If, and only if the PR appeals, the Departure Order will remain unenforceable pending the outcome of the appeal.
Whether or not the issuance of a Departure Order will have a direct impact on processing the PR card application is not certain but does matter much either; if you are issued a Departure Order at the PoE, that means your PR status is revoked unless you appeal and win the appeal. Even if a PR card is subsequently issued and delivered, you would still need to win an appeal of the Departure Order to keep PR status. (The latter typically arises for PRs who may have met the PR RO at the time of applying for the PRC, but then due to further absences abroad are reported and issued a Departure Order at the PoE upon returning to Canada.)
Related in-depth discussions can be read in the following topics:
Minister's Delegate - US/CAN Border
Entering Canada by land with expired PR card - RO not met
RO not met by the time of entry
POE Question: How Long Have You Been Outside Canada?
PR card Expires before the 730 days required
Email from CIC that PR card renewal needs secondary review
Perminent Resident Application, Entry/exit requests
Staying outside with maintaining 731 days
I recently discussed and linked numerous IAD decisions regarding PoE issued Departure Orders in the topic "Minister's Delegate - US/CAN Border" in particular.
Edit to add: main thing is to be prepared to make the H&C case at the border, at the PoE. This includes relevant information and documentation regarding medical and other circumstances, including medical records, doctor's letters, and such.
Have papers in your HANDS when you go into Secondary, so you will need to keep this close to hand in the vehicle if crossing in a vehicle. A folder or brief case which you can pick up and carry with no extra effort.
The PoE examination will be your best opportunity to make a successful H&C case. You get another opportunity in the appeal, and if that is delayed and you stay in Canada in the meantime that can improve odds some, but generally the best chance to make the persuasive H&C case is at the PoE.
