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Refused Entry to Canada

Bani Omaya

Newbie
May 3, 2017
3
0
Hi,

I had a valid PR till 2013, however, due to inability to work in Canada (Canadian Skills/Age/Canadian Experience), I had to continue working overseas. Originally I started visiting the family, who are residing in Canada with valid PRs, then when my PR expired, and before the introduction of the eTA, I was able to enter on my passport, and then when the eTA was introduced I obtained one, and traveled on it in September 2016. In January 2017, I booked a flight to Canada, but for some reason, the airline told me that my visa is invalid, whilst the one I originally had was valid till the expiry of my passport towards the end of 2018.

So, I applied for another one, but the eTA system did not provide me with one. So I thought it must be a system hiccup. So I traveled to England, but BA refused to allow me to board the airline, due lack of eTA. the situation was confusing, because the print out of the original eTA was valid till 2018, but the system shows no eTA. Eventually, they made phone calls, I assume to the immigration personnel in Canada, because the answer was very precise.

I was told at Heathrow airport that I had to renew my PR or renounce it. Not exactly the right place or time to do that, so I ended up staying in the UK for a few days, and I was not able to resolve this issue. I was told there was a loope hole by getting into a private car through the US borders, but that is not me. I have gone through so many posts and sites on the internet, and could not find a solution.

With the Canadian Government Eliminating the Conditional Permanent Residence for Spouses and Partners, surely there must be an answer to my problem. I do not wish to loose my PR status, even if it has expired. At the sametime, I cannot visit my family, because I have an expired PR. The problem here is that I am the bread winner of the family, I have to work to provide for the family, If I cannot work in Canada, then I have no choice but to work overseas, and to stop me from seeing the family, is just not fair, again to renounce my PR status again is not fair, because I wish to continue.

I am not prepared to rely on government assistance with unemployment benefits just to get a PR or nationality. Again this is not me. It seems that my family is welcomed in Canada but not me, may be because I am an expired product.

I met some men who are sitting at home, and their wives are working because they cannot get a job. Also, there are men who are in exactly same position as I am, but using the loop whole to get in. Surely, there must be consideration for people just like myself, who cannot find a job, and have no choice, but to work overseas, however, the family has made their home in Canada.

I do hope there is an answer to this dilemma.

Thank you for reading the post.
 

scylla

VIP Member
Jun 8, 2010
95,834
22,109
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
There's no easy path that will guarantee you can keep PR.

You don't qualify for an ETA because you are still a PR. You would have to officially renounce your PR status to qualify for an ETA. So an ETA is out and you shouldn't bother applying again.

If you want to keep your PR status you really have two options - one of which is pretty much guaranteed to fail. The first option is to apply for a PR Travel Document for H&C reasons. To be approved, you would have to convince CIC that you were forced to remain outside of Canada and couldn't meet the residency obligation. Working outside of Canada is not accepted as an H&C reason. So unless there's something you haven't told us - the H&C PRTD application will be refused. Once it's refused, you would officially lose your PR status.

The other option that has some chance of working is to fly to the US and enter Canada via a land border using a private vehicle. If you can enter Canada without being reported for failing to meet PR status, then you can remain in Canada for two years straight - then you'll be able to renew your PR status.

Of course if you qualify to apply to immigrate under a program like Express Entry, you can always give up your PR status and apply again from scratch. That's always an option.

Lastly, if you have a spouse in Canada who is a PR/citizen, then can sponsor you for PR after you officially give up your PR status. That would be another option.
 

Bs65

VIP Member
Mar 22, 2016
13,187
2,420
Just to clarify to the OP that they have not been refused entry to Canada as per implied in the post title, but simply refused boarding on a direct flight into Canada. A PR whether having failed residency or not is still entitled to enter Canada at the border just not able to fly in directly without a valid PR card or PRTD.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Bani Omaya said:
Surely, there must be consideration for people just like myself, who cannot find a job, and have no choice, but to work overseas, however, the family has made their home in Canada.
In general, there is no consideration for this. Typically working abroad for employment is not seen as a valid H&C excuse to not meet the RO.

There is no simple solution to both keep your PR status, and to continue working abroad. If you don't intend to move permanently to Canada and stay here, but continue to visit occasionally, then odds are you will be reported at some point for not meeting RO which will start process to revoke your PR status.

If/when this happens, appealing this decision would be pointless if you still intend to live abroad.

The most common option in your case, would be to simply renounce your PR status completely. Then you can then get eTA and come to Canada as a visitor anytime you want, and your PR/citizen spouse can apply to sponsor you for PR again when you are finally ready to move to Canada permanently.
 

Bani Omaya

Newbie
May 3, 2017
3
0
Re: Not allowed to board the airline due to an expired PR

Dear All

Thanks for all those who have responded to my query.

If I opt to renounce my PR Status, how long it will take to re-apply again through my wife who has a valid PR status, and very soon will be applying for citizenship. When I originally applied it took four years, will I have to go through the whole process again from scratch?

Thanks again for your feedback.
 

scylla

VIP Member
Jun 8, 2010
95,834
22,109
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Re: Not allowed to board the airline due to an expired PR

Bani Omaya said:
Dear All

Thanks for all those who have responded to my query.

If I opt to renounce my PR Status, how long it will take to re-apply again through my wife who has a valid PR status, and very soon will be applying for citizenship. When I originally applied it took four years, will I have to go through the whole process again from scratch?

Thanks again for your feedback.
Yes - you'll need to go through the process again from scratch (including medical, police certificates, etc.). How long it takes will depend largely on your country of origin.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Re: Not allowed to board the airline due to an expired PR

Bani Omaya said:
Dear All

Thanks for all those who have responded to my query.

If I opt to renounce my PR Status, how long it will take to re-apply again through my wife who has a valid PR status, and very soon will be applying for citizenship. When I originally applied it took four years, will I have to go through the whole process again from scratch?

Thanks again for your feedback.
As mentioned, you would start from scratch again. A typical family class application should not take longer than a year or so.

Just don't apply until you are actually ready to leave your job overseas and intend to move to Canada permanently.
 

Bani Omaya

Newbie
May 3, 2017
3
0
Dear All

Many thanks for your response. I assume my family will not be affected by my renunciation of the PR, and reapplying. Considering I was the main sponsor when originally we applied as a family.

many thanks.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Bani Omaya said:
Many thanks for your response. I assume my family will not be affected by my renunciation of the PR, and reapplying. Considering I was the main sponsor when originally we applied as a family.
No effect. Their PR status is not tied to yours.
 

barakotos

Star Member
Apr 2, 2017
52
7
What if someone have some investment in Canada (House, Savings, RSP)
is that a base for H&C ... basically if you are not able to get back to Canada because you lost your PR, you have no access to your investment
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
barakotos said:
What if someone have some investment in Canada (House, Savings, RSP)
is that a base for H&C ... basically if you are not able to get back to Canada because you lost your PR, you have no access to your investment
No, that is not H&C grounds. Investments can be transferred and houses can be sold from outside of Canada.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
barakotos said:
What if someone have some investment in Canada (House, Savings, RSP)
is that a base for H&C ... basically if you are not able to get back to Canada because you lost your PR, you have no access to your investment
No.

Many foreigners have investments in Canada. You don't require PR status for this.
 

barakotos

Star Member
Apr 2, 2017
52
7
Thanks guys

usually when people talk about H&C, they talk about medical conditions

what could be another reason for H&C
 

scylla

VIP Member
Jun 8, 2010
95,834
22,109
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
barakotos said:
Thanks guys

usually when people talk about H&C, they talk about medical conditions

what could be another reason for H&C
You obtain PR with your family when you were a minor and then your parents left Canada and took you with them. You're now 19 years old and want to return to Canada to live here permanently. You can apply for a PR Travel Document under H&C since you were removed from Canada as a minor.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
Re: Not allowed to board the airline due to an expired PR

Dear All

Thanks for all those who have responded to my query.

If I opt to renounce my PR Status, how long it will take to re-apply again through my wife who has a valid PR status, and very soon will be applying for citizenship. When I originally applied it took four years, will I have to go through the whole process again from scratch?

Thanks again for your feedback.
Immigration is trying to promise that it will only take up to one year to sponsor a spouse but at some visa offices, it has been taking longer. Like scylla said, you would need new police certificates, medicals etc. etc.

Aside from renouncing your PR status and getting sponsored by your wife, you don't have too many options. One would be to apply for a PR travel document stating that you have been outside Canada for all that time because you couldn't find a job. If you do, it's almost guaranteed that the travel document will be denied which you can appeal to be denied again and as a result, you lose your PR. Another would be to go to the US and cross into Canada by land. You don't need eTA for that. If they realize as you enter that you are a PR who doesn't meet the RO, they could report you which would start the process to revoke your PR. They would however let you enter. You could appeal for your PR which without H/C grounds is kind of pointless, especially if you are still working outside Canada and will be leaving again.

My advice, renounce your PR based on that you don't meet the RO. Get your eTA. Go visit your family. Have your wife sponsor you for a new PR.