Renewal of PR Visa and Acquiring Travel Documents

[kartikpandya]

Dear Friends,

Need Urgent Guidance....

We (Self/Spouse and one son) had applied for CANADA PR in 1999. Though we belong to India, we filed our case from Hong Kong Quota as suggested by our Agent (stating the process will be faster). We though received our VISA October 2004 (after more then 5 years). Subsequently we landed in Canada in Jan, 2005.

Due to this long process period AND death of my father in-between, we decided to return to India in May 2005 (just after 3 month's stay) as my mother was alone. Our PR card were valid till Jan 2010. In June, 2006 my Wife went to Canada again to deliver a Baby and returned with the baby to India in August, 2006 (after 2 and 1/2 months). Since then, we are in India.

Now, for the future of our children (One Indian Citizen and One Canadian Citizen), we want to return to Canada. We had some tough time, due to which we had to return to India in 2005, continue here and could not return till date.

I request guidance from all experienced persons for the way out and acquisition of Travel Documents to go back to Canada and have renewed PR status.

Thanks and Regards,

Kartik P.

 

[Msafiri]

You are in breach of the Residence Obligation (RO). Luckily for you loss of Canadian PR is not automatic with absences but requires an official to report you at entry or deny a TD application to which you don't appeal or if appealed then refusal by the Immigration and Refugee Board (IRB) or Federal Court.

Your options with 1 being best are:

1. If you have or can get US Visas then enter Canada via a land border with your COPR. Explain your situation at the border making sure you carry documentation to support your statements. The border agent may buy your story and let you in with a warning but no report.

2. Apply for a TD at the relevant visa post and include details with evidence of the Humanitarian and Compassionate reasons you failed to return to Canada for almost 8 years. IMHO your case is weak due to your limited stay in Canada and extensive absence.

If you are reported at entry or TD denied you have 30 days (land border) and 60 days (TD) to appeal to the IRB. If your IRB appeal is denied you can appeal to the Federal Court on a point of law with the courts permission. Appeal listing at each stage is currently between 12-18 months.

If you enter Canada via land border without being reported, get TD approval or win an appeal you need to live in Canada for 730 days straight to get your RO back on track.

 

[MHBTC]

Hi Msafiri,

I also have aproblem regarding my initial PR card because of the photo issue. We landed in Canada as Manitoba Provincial Nominee last Dec. 2012. We returned to US to finish some of my unfinished business here. We want to go back to Canada asap because our visa here is almost expiring. Since our PR cards are not ready, can we use our COPR that we used last Dec. 2012 to cross the border in Seattle to Richmond, BC? I just noticed that there is a bold print on our COPR that it is not valid for travel. Please help me on this. Thank you

 

[Leon]

I also have aproblem regarding my initial PR card because of the photo issue. We landed in Canada as Manitoba Provincial Nominee last Dec. 2012. We returned to US to finish some of my unfinished business here. We want to go back to Canada asap because our visa here is almost expiring. Since our PR cards are not ready, can we use our COPR that we used last Dec. 2012 to cross the border in Seattle to Richmond, BC? I just noticed that there is a bold print on our COPR that it is not valid for travel. Please help me on this. Thank you

If you show up at the border with your COPR, you will be allowed to enter.

Being allowed to fly is another thing. If you are visa exempt to Canada, simply show your passport. If you are not visa exempt, you can either apply for a PR travel document at a Canadian embassy or cross the border in a car.

 

[MHBTC]

If you show up at the border with your COPR, you will be allowed to enter.

Being allowed to fly is another thing. If you are visa exempt to Canada, simply show your passport. If you are not visa exempt, you can either apply for a PR travel document at a Canadian embassy or cross the border in a car.

Thanks Leon for always being helpful. I noticed that my COPR which is client copy have a print that says NOT VALID FOR TRAVEL. Would they still allow me to enter using my friends private car? One more question, our COPR had already been used when we land Canada last Dec. 2012. Thank you

 

[Leon]

Yes, you would still be allowed to enter. Travel is not the same as entry.

In order to travel, that is get on a plane or other commercial carrier headed for Canada, it is the duty of the commercial carrier to make sure you have a proper visa. They would not accept your COPR as a visa. They would request that you are either visa exempt to Canada or you have a PR card or you have a PR travel document or you have some other visa like a TRV. If they agree to transport you to Canada without the proper documents, they could be held liable.

However, if you get yourself to the border in a private car, rented car or on foot, in order to enter you just have to show immigration that you are a PR. By showing your COPR and explaining that you had a problem with your PR card and you did not get it yet, you will have no problems. It is very common for new PR's who haven't received their PR cards yet to do this.

 

[MHBTC]

Thank you very much Leon