Dear Rish,
Thank you for your response and i respect your opinion but its a very big decision for me so I would like to see some more opinions from experts like you to make up my mind.
Re-entry to Canada during valid PR status
- Thread starter Hanymarie
- Start date
Thank you for your response and i respect your opinion but its a very big decision for me so I would like to see some more opinions from experts like you to make up my mind.
As previously stated, there is nothing preventing you from leaving on time. Your PR card can be mailed, couriered or hand delivered to you. If you choose not to do that, simply apply for a PRTD. With 4 years out of the first 5 years of your PR status, acquiring a PRTD will be easy (apart from the ridiculously long wait times).
R
rish888
Guest
Not a big decision in my opinion. Now that you are a PR you enter Canada by right, same as a Canadian citizen. (in contrast to other people who enter based on the privilege of entry granted by an immigration officer.)
If you don't want to leave it's of course your choice, but I don't think risking your job is worth it for something that's not even an issue.
The only thing you should do if your PR card doesn't come is make sure you apply for your PRTD in advance. (1-2 months) to account for processing delays.
Note: do not count on anyone here being an expert. For expert opinion or advise, see a licensed, reputable professional.
That said, your situation and concern do not appear to require an expert opinion.
There is little risk involved in a short landing, very little. There can be some inconvenience, such as the inconvenience involved in obtaining a PR Travel Document, if necessary, to return to Canada. But this is the approach many, many new immigrants to Canada take. It makes sense. Canadian authorities are well familiar with this and the PR system is designed to accommodate this.
Remember, your PR status is NOT dependent on having a PR card.
Actually one of the more important things to be sure to take care of soon after landing is obtaining your Canadian SIN. As soon as you have done that, and it only takes a short visit to a Service Canada office at most, you can leave Canada virtually risk free . . . worst case scenario is the inconvenience of obtaining a PR TD to make the trip back to Canada when it is time . . . SO LONG AS, of course, you make the trip back to Canada timely.
Which leads to what the real risk is: not coming back to settle in Canada soon enough.
The bigger risk, the risk the OP of this thread encountered, is running into circumstances which delay coming to Canada to settle. Six months slides past a year very quickly, and then its two years and time to really make the move is running out.
As noted, the short landing is very common. Many, many new immigrants take six months to a year to come to Canada. Going beyond a year tends to tip the scales toward taking chances. Technically the new PR can delay coming to settle for up to a day short of two years. That is NOT a good idea, NOT anywhere near a good idea. But a year or a year plus a month or two, that is definitely OK. Not a risk.
When you say my PR doesn't come by that you mean as in if there is no one to deliver it to me to my country?
As a permanent resident, you are entitled (as a matter of right) for PRTD. Unless there are conditions which would render you inadmissible (misrepresentation, breach of residency requirements, indictable or hybrid offences, crimes against humanity, terrorism, or if you got your PR through the refugee system and you visit your home country, etc), you really have nothing to worry about.
Several members here have stated that you now have the right to enter Canada (that is, a right, you don't need to apply for permission for entry anymore), and really, unless there is some adverse situation that we are not aware of (in such cases, you should really consult a lawyer rather than soliciting advice from forum users).
Hi
I am also in a similar situation of PR validity less than 2 years.
Below are the details of my case. Appreciate your reply and usefull suggestion on it. Its a bit long description so apology from my side and thanks for patience.
We are four family members, Me, My Wife and two son (7 & 8 years). We first time landed in Canada on 08th July 2015 and got our PR card accordingly. We stayed in Sarnia, Canada for almost 50 days and got our Medical Card, Driving License (Learners) and SIN Number as well. We left Canada on 31st August 2015.
As per the PR Card the expiry written for My Wife is Dec. 2020 and for rest of the family is Sep. 2020.
Now after spending almost four years, we are planning to move to Canada permanently. Our tentative plane is to come to Canada in Mid August 2019 and settle my family on Canada. I will stay for one month than go back to Oman for another two months (after resigning one month notice to be given) and then will permanently come to Canada by Nov or Dec. 2019.
Earlier I have heard and checked from websites as well that PR Card importance is only for travelling outside Canada and as long as you are in Canada, no need to worry about expired PR Card. Once your two years stay is completed, apply for the new PR card and you will easily get it.
At this critical moment of decision making, I have following query, appreciate your support on it.
1) Taking the decision of moving to Canada at this stage is safe or not (as per the PR is valid for one year only etc.). Should we take this decision or not?
2) What are the critical factor that can effect my PR renewal or it will be easy to renew PR as mentioned above after silently completing the 2 years.
3) Will I be questioned at the immigration while entering again into Canada and what are the chances that I will be refused to enter in Canada.
4) Is it wise for me to go back after entering Canada and return again in Nov. 2019 or I should enter in august it self with family.
5) What are the chances of PR renewal if I apply for the renewal without completing 2 years (i.e after completing 1 years only)? What is your advice?
6) Will I be questioned during PR renewal even I apply after completing 2 years stay period. Is there any chance of cancellation?
7) What are the issues that we can face while living in Canada after PR Expiration?
8) I am planning to take admission in Canada for MS in Chemical Engineering, is it a good move or not (suggestion required)?
Appreciate your support.
Regards
I am also in a similar situation of PR validity less than 2 years.
Below are the details of my case. Appreciate your reply and usefull suggestion on it. Its a bit long description so apology from my side and thanks for patience.
We are four family members, Me, My Wife and two son (7 & 8 years). We first time landed in Canada on 08th July 2015 and got our PR card accordingly. We stayed in Sarnia, Canada for almost 50 days and got our Medical Card, Driving License (Learners) and SIN Number as well. We left Canada on 31st August 2015.
As per the PR Card the expiry written for My Wife is Dec. 2020 and for rest of the family is Sep. 2020.
Now after spending almost four years, we are planning to move to Canada permanently. Our tentative plane is to come to Canada in Mid August 2019 and settle my family on Canada. I will stay for one month than go back to Oman for another two months (after resigning one month notice to be given) and then will permanently come to Canada by Nov or Dec. 2019.
Earlier I have heard and checked from websites as well that PR Card importance is only for travelling outside Canada and as long as you are in Canada, no need to worry about expired PR Card. Once your two years stay is completed, apply for the new PR card and you will easily get it.
At this critical moment of decision making, I have following query, appreciate your support on it.
1) Taking the decision of moving to Canada at this stage is safe or not (as per the PR is valid for one year only etc.). Should we take this decision or not?
2) What are the critical factor that can effect my PR renewal or it will be easy to renew PR as mentioned above after silently completing the 2 years.
3) Will I be questioned at the immigration while entering again into Canada and what are the chances that I will be refused to enter in Canada.
4) Is it wise for me to go back after entering Canada and return again in Nov. 2019 or I should enter in august it self with family.
5) What are the chances of PR renewal if I apply for the renewal without completing 2 years (i.e after completing 1 years only)? What is your advice?
6) Will I be questioned during PR renewal even I apply after completing 2 years stay period. Is there any chance of cancellation?
7) What are the issues that we can face while living in Canada after PR Expiration?
8) I am planning to take admission in Canada for MS in Chemical Engineering, is it a good move or not (suggestion required)?
Appreciate your support.
Regards
You pose many questions which are very personal to you and your circumstances, including your personal priorities, and I cannot begin to offer much in response to those. What would be wise or NOT wise for you, for example, is likely to be rather different from many other PRs. For a venue like this there are way too many variables, many personal to you, to take into consideration.
I am responding, however, because your situation involves some factors which are important and which can be addressed, including a critical factor: It is readily apparent you are already in BREACH of the PR Residency Obligation (PR RO), since you have been outside Canada for more than THREE years since you landed.
Since you still have a valid PR card, there is some possibility you will be allowed to retain PR status notwithstanding the failure to comply with the PR RO.
Given how long you have been absent, however, there is a very substantial RISK that upon arrival at a PoE, to enter Canada, you will be referred to Secondary and examined regarding compliance with the RO, and issued a 44(1) Report for Inadmissibility based on a breach of the RO, followed by an interview with a Minister's Delegate who is likely to determine the Report is valid in law and unless you have good H&C reasons why you should be allowed to keep PR status, then issued a Departure Order. You would still be allowed to enter Canada. You would have 30 days to appeal the Report. But absent good H&C reasons, the outcome is likely to be the loss of PR status.
I cannot say what your chances are. We see many reports of PRs still within the first five years, still in possession of a valid PR card, who are Reported for being in breach of the RO when they arrive at a PoE. We see some reports of many who are NOT reported. We do not have any statistics which would illuminate the probabilities.
We do know that the longer it has been since the last time the PR was in Canada, the higher the risk, the more likely being reported is. And the length of your absence, nearly four years, likely makes you an obvious target. Your best bet is to explain your plan all along has been to make the move to settle in Canada and HONESTLY explain the reasons why this has been delayed, and hope the border officials are sympathetic.
IN ANY EVENT, there is no guarantee you will NOT be Reported upon arrival (and if you are lucky enough to not be reported the first time, if you leave then you will still face the RISK of being Reported the second time), leading to the loss of your PR status. Whether it is worth it to come now, gambling on some leniency and being allowed to keep status despite having breached the RO, is also a very personal decision . . . some can afford to take that sort of gamble, and some cannot.
NOTE: there is no need to "renew" PR status. PR status does not expire. A PR card expires, like a passport expires (a person is still a citizen even if their passport is expired).
If you are allowed to keep status, that is allowed to come into Canada without being Reported, it will be OK to stay. You will still have PR status when the PR card expires. Just be sure to get drivers license, health care coverage, and children enrolled in school, while your PR cards are still valid. Then there should be no problem due to the PR card expiring.
If you are allowed to keep status, that is allowed to come into Canada without being Reported, it will NOT be wise to apply for a new PR card until you have stayed a full two years. Once you have stayed two years, assuming you have not been Reported, the breach of the RO will be cured, you can apply for a new PR card, and pursue your life in Canada.
THE TRICK IS WHETHER OR NOT YOU ARE REPORTED WHEN YOU ARRIVE AT A PoE.
Thank you for the detailed response.
Sorry for lengthy questions.
One last information. Which route of entry will be better.
Should i enter via US through road or by air directly to Canada.
Does it makes any difference or not?
Which option has lesser risk of reporting or both are same.
Appreciate your response.
Regards
Risks vary, and vary widely, due to all sorts of circumstances. And, yes, indeed, they can vary depending on the PoE.
But any effort to quantify and compare risks is fraught with speculation and subject to deviations due to unforeseen or otherwise unknown influences.
Basically the sooner you get to Canada, the better your odds. Or, the longer you are abroad, the worse your odds. Some might characterize the situation akin to glass half full or half empty . . . but we do not have a clue how close to half the odds are, one way or the other.
If you are willing to gamble, the best approach is to simply be prepared to fully and HONESTLY explain yourself, your situation, your hopes, plans, and intentions, including the real reasons why there has been a delay in coming to Canada to settle. It appears a lot can depend on the individual officers' perception of what the PR deserves, and a big part of that is coming across as totally honest.
As I previously noted, we do not have any statistical information about the number of PRs reported or not reported despite being in breach, and forum reports are statistically unreliable.
Since you have a valid PR card and are still within the first five years since landing, there have been enough reports to indicate a chance of being waived through the PoE or even if referred to Secondary, nonetheless being given a chance to settle in Canada and keep PR status. BUT again, there are also plenty of both forum reports and IAD decisions showing that many in similar circumstances are reported. It is a gamble. Whether it is worth it, or not, is a very personal decision.
As for which PoE is better or worse, my GUESS is that the one that makes sense for your trip is better than trying to manipulate appearances. Some of my worst PoE experiences (long in the past now, thankfully, and hoping it continues to be all in the past) seemed to arise, in part, because the border officers thought it was odd that I was coming through at that particular PoE. They really do pick up incongruities far, far better than many give them credit.
For example, some might suggest that a Quebec PoE tends to be more strict, but if the PR's destination is Montreal and it appears the PR has gone out of the way to arrive at some other PoE, my sense is that will offset any advantage the other PoE might pose. Others might suggest that a small PoE tends to screen travelers more extensively, but my sense is this could be related to the appearance that using that PoE is incongruous given the nature of the traveler's trip, which is something I am fairly confident will trigger elevated scrutiny.
In many respects your situation is what it is. Just being straight-forward, and honest, and in no way playing games, is usually the best bet.
Thanks for honest feedback.
I agree honesty is the best policy.
Lastly, if the officer reports me than i will come to know at the same time or they will inform me later. Like while entering to Canada will they inform me about the issue and about the reporting or i will come to know at later stage.
Regards
If a PR in breach of the RO is issued a 44(1) Report the PR will be given a copy. Usually the PR will then be interviewed by a Minister's Delegate (usually just another officer), but that may be by telephone, or if another qualified officer is not available the PR may be asked for IN Canada contact information so the follow-up with the Minister's Delegate can take place relatively soon.
The PR is then allowed into Canada. In most cases the interview with a Minister's Delegate takes place while the PR is still at the PoE, and that will determine whether a Departure Order is issued or the PR is allowed to retain PR status based on H&C reasons.
If a Departure Order is issued, the PR then has 30 days to appeal. The PR can remain in Canada, work in Canada, and so on, as long as the appeal is pending. However, once the 44(1) Report is issued, the PR's future days in Canada will NOT count toward RO compliance . . . but staying in Canada pending the appeal can still have a positive influence in the appeal.
In some situations a formal report is not issued at the PoE but there is a referral to a local office to follow-up, so in some cases the PR will not know whether he or she will be reported. My impression is the latter is not common . . . USUALLY, if the PR is allowed to enter Canada without being issued a 44(1) Report, then the PR's status is OK and the PR can stay . . . but in situations like yours, the PR needs to stay a full years before traveling abroad (or face the PoE hurdle once again when next returning to Canada) and before applying for a new PR card.