Re-Entry on Expired PR Card

[iammavdev]

My PR Card expired on Nov 2014. I have not been to Canada since then. The PR Card is me only. I am married now and my wife does not have a Canadian PR Card. Given this, following are the questions I am trying to find answers to.

1. Can I (just me) enter Canada based on this expired PR Card? On some research, I found that I can enter Canada as long as I apply for a Permanent Resident Travel Document (PRTD). Once I enter, I will have to apply for a new PR Card. Is this information correct?

2. If the answer to Question #1 above is 'Yes', then can my wife (who never had a PR Card) enter with me? If no, is there a way to get a PRTD for her too so that she can enter with me?

3. If the answer to Question #1 above is 'Yes', is there a deadline till which I can enter?

 

[scylla]

More information is needed:

- Do you meet the PR residency requirement? Have you lived in Canada for at least 730 days out of the last five years?
- If you have not met the residency requirement, what are your reasons for having remained outside of Canada for so long?
- Are you from a visa exempt country or not?
- Is your wife from a visa exempt country or not?

 

[iammavdev]

More information is needed:

- Do you meet the PR residency requirement? Have you lived in Canada for at least 730 days out of the last five years?
- If you have not met the residency requirement, what are your reasons for having remained outside of Canada for so long?
- Are you from a visa exempt country or not?
- Is your wife from a visa exempt country or not?

No I do NOT meet the PR Residency Requirement. My understanding was that I could still get a Travel Document, enter Canada .. live the 730 days there and THEN apply for a PR Card. Is that incorrect?

I do not have good reasons for having remained outside Canada. I could not find a job or a university admission there at the time.

Me or my wife are NOT from a Visa Exempt Country.

 

[manidhatt]

http://www.canadavisa.com/canada-immigration-discussion-board/entering-canada-with-an-expired-pr-card-urgent-please-help-t89524.0.html

 

[Bs65]

Your wife cannot apply for a PRTD as she does not have PR status. She would need to apply for a visitor visa showing ties to home country and no guarantee that would be given without a firm case especially if you acted as a guarantor given your failure to meet RO. Looking ahead you would need to reset the RO to put in place a spouse sponsorship which may take some time to achieve

Note also that the PRTD application has questions on residency in Canada so be aware to have a good case.

 

[canuck_in_uk]

No I do NOT meet the PR Residency Requirement. My understanding was that I could still get a Travel Document, enter Canada .. live the 730 days there and THEN apply for a PR Card. Is that incorrect?

Me or my wife are NOT from a Visa Exempt Country.

Your understanding is incorrect. As you do not meet the Residency Obligation and have no H&C reasons for not meeting it, a PRTD would be refused and your PR status would be revoted.

The only way for you to enter Canada is to cross the Canada-US border using your COPR. You may or may not be reported on entry by CBSA. If reported, you can expect to lose your PR status. If you aren't reported, you will need to remain IN Canada for 2 years to once meet the RO. During that time, you will not be able to sponsor your wife; she could try for a TRV but with a PR spouse, chances of approval are low. You need to be prepared to be separated for several years.

 

[iammavdev]

What are my current options to be able to migrate to Canada with my Wife then? I will consult a lawyer of course, but it seems that I need to get my PR revoked consciously and then re-apply as a fresh application. Is there a better path?

 

[canuck_in_uk]

What are my current options to be able to migrate to Canada with my Wife then? I will consult a lawyer of course, but it seems that I need to get my PR revoked consciously and then re-apply as a fresh application. Is there a better path?

There is no option for you to just come to Canada with your wife.

If you qualify for Express Entry, you could renounce your status and apply.

 

[iammavdev]

Do I need to renounce my PR card BEFORE applying for my Express Entry? or can I apply for my Express Entry, if I qualify then I can renounce it then?

 

[iammavdev]

There is no option for you to just come to Canada with your wife.

If you qualify for Express Entry, you could renounce your status and apply.

You also mentioned that there is no way for me to enter Canada with my wife .... does that mean I can enter ALONE if I wanted to?

 

[Bs65]

You also mentioned that there is no way for me to enter Canada with my wife .... does that mean I can enter ALONE if I wanted to?

see answer #5 above this assumes that you have a US visa to enter Canada via the land border.

 

[Regina]

Do I need to renounce my PR card BEFORE applying for my Express Entry? or can I apply for my Express Entry, if I qualify then I can renounce it then?

GO TO A LAWYER!

 

[canuck_in_uk]

Do I need to renounce my PR card BEFORE applying for my Express Entry? or can I apply for my Express Entry, if I qualify then I can renounce it then?

You cannot apply for PR if you are already a PR. You need to renounce your status first.

You also mentioned that there is no way for me to enter Canada with my wife .... does that mean I can enter ALONE if I wanted to?

This has already been answered. Read the previous responses.

 

[manidhatt]

You also mentioned that there is no way for me to enter Canada with my wife .... does that mean I can enter ALONE if I wanted to?

From your first post I'm assuming that you got married after you got your PR card and your wife has never been to Canada ?

 

[scylla]

No I do NOT meet the PR Residency Requirement. My understanding was that I could still get a Travel Document, enter Canada .. live the 730 days there and THEN apply for a PR Card. Is that incorrect?

I do not have good reasons for having remained outside Canada. I could not find a job or a university admission there at the time.

Me or my wife are NOT from a Visa Exempt Country.

PRTD will be refused in that case and is not an option for you. Your only option would be to obtain a US visitor visa, fly there and then try to enter Canada by land in a private vehicle using your COPR. Assuming you are not reported at the border, then you will have to live in Canada without leaving until you meet the 730 day residency requirement before you will be able to apply to renew your PR card. You will not be able to sponsor your wife for PR until you meet the residency requirement (if you apply too early, her application will be refused and you will lose your PR status as well). Assuming your wife holds a non visa exempt passport, this means you may be separated for a few years.

There is also a chance you will be reported for failing to meet the residency requirement when you enter Canada. If this happens you will have to appear at a hearing to argue why you should be allowed to keep your status. If you lose this hearing, you will officially lose your PR status and be forced to leave Canada.