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Residency Obligations not met and PR card expired outisde Canada

Dec 19, 2022
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0
Hi.. I had PR landed in Jan 2017 and returned back to my home country after 5 days,, I had planned to mve back but couldnt ..Then covid hit and i could not enter back.. PR card got expired in Feb 2022 ..i couldnt meet my Residency obligations as well...Will crossing the land border via US will be sucessful in my case...

Due to my mother health issues i was not able to enter back ..
 

dpenabill

VIP Member
Apr 2, 2010
6,332
3,090
Hi.. I had PR landed in Jan 2017 and returned back to my home country after 5 days,, I had planned to mve back but couldnt ..Then covid hit and i could not enter back.. PR card got expired in Feb 2022 ..i couldnt meet my Residency obligations as well...Will crossing the land border via US will be sucessful in my case...

Due to my mother health issues i was not able to enter back ..
As posted in other thread to similar query:

If you present a passport and expired PR card (or otherwise your identity and PR status are sufficiently established by border officials) you will be entitled to enter Canada.

Since you are clearly in breach of the Residency Obligation, upon arrival at the Port-of-Entry the proper procedure will be to examine you in Secondary, prepare a 44(1) Report for Inadmissibility due to breach of RO, and refer that to another officer to review. The reviewing officer will consider H&C factors and decide whether to issue a Removal Order, or to allow you to keep PR status based on H&C reasons. If a Removal Order is issued you will still be allowed to enter Canada and have 30 days to make an appeal.

As a practical matter, some PRs in breach are waived through the PoE without being subject to a RO examination and there is no Inadmissibility Report. Near impossible to forecast the odds, but if you were last IN Canada more than five years ago, the risk of being subject to RO compliance questioning and Reported is probably high . . . noting, for example, if you left Canada in January 2017 and did not return here for three years after that, you were already in breach of the RO before any travel restrictions were implemented due to Covid.
 
Dec 19, 2022
19
0
As posted in other thread to similar query:

If you present a passport and expired PR card (or otherwise your identity and PR status are sufficiently established by border officials) you will be entitled to enter Canada.

Since you are clearly in breach of the Residency Obligation, upon arrival at the Port-of-Entry the proper procedure will be to examine you in Secondary, prepare a 44(1) Report for Inadmissibility due to breach of RO, and refer that to another officer to review. The reviewing officer will consider H&C factors and decide whether to issue a Removal Order, or to allow you to keep PR status based on H&C reasons. If a Removal Order is issued you will still be allowed to enter Canada and have 30 days to make an appeal.

As a practical matter, some PRs in breach are waived through the PoE without being subject to a RO examination and there is no Inadmissibility Report. Near impossible to forecast the odds, but if you were last IN Canada more than five years ago, the risk of being subject to RO compliance questioning and Reported is probably high . . . noting, for example, if you left Canada in January 2017 and did not return here for three years after that, you were already in breach of the RO before any travel restrictions were implemented due to Covid.

Yeah i understand that i had breached my RO.. What will be the best option to get 2 Canadian soil .. If i produce my mothers doctors letter and the relevant documents from doctor ..how would be the success rate

Really appreciate your response
 

dpenabill

VIP Member
Apr 2, 2010
6,332
3,090
Yeah i understand that i had breached my RO.. What will be the best option to get 2 Canadian soil .. If i produce my mothers doctors letter and the relevant documents from doctor ..how would be the success rate

Really appreciate your response
If you can travel to the U.S., you should be able to easily reach a PoE on the U.S./Canada border. That gets you into Canada.

I already described what happens then, noting that it is very difficult to forecast how it will go, whether at the border you are:
-- waived through, or​
-- reported, and if reported​
-- -- allowed to keep PR based on H&C reasons, or​
-- -- issued a Removal Order; Removal Order can be appealed and you can remain in Canada pending the appeal​

Best any non-expert (essentially anyone not a Canadian immigration lawyer) can offer is to organize and be prepared to explain all the reasons why you did not come to Canada sooner, and have supporting documents that will corroborate reasons like you mention ("relevant doctors from doctor" for example). Carry documents in hands, not in luggage.​
The extent of the breach is a big factor, and for you it appears that means the odds are against saving PR status. But it is basically impossible to make any estimate of the odds more precise than that.​
If Reported and issued a Removal Order you can obtain the assistance of a lawyer in Canada who can advise you more about what YOUR odds are in an appeal, and assist or represent you in making the appeal. It is easy to file the appeal and that will give you time to find and hire a lawyer.​
ALTERNATIVE; less expensive alternative:​
Apply for a PR Travel Document and make your H&C case in that.​
 
Dec 19, 2022
19
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Thanks for your reply..

I am yet to the get the US b1 and b2 visa ..Have paid the embassy fees but waiting for the appointments as it showing 2024..So getting here US visa is a huge task for me.. So its all in the game of prediction and convincing the officer in the secondary inspection..

PRTD is definitely a rejection and appeal same here ..it will take minimum 1 year ...

Really confused what to do..Should i start with my fresh PR application after revoking
 
Last edited:

canuck78

VIP Member
Jun 18, 2017
53,416
12,890
Hi.. I had PR landed in Jan 2017 and returned back to my home country after 5 days,, I had planned to mve back but couldnt ..Then covid hit and i could not enter back.. PR card got expired in Feb 2022 ..i couldnt meet my Residency obligations as well...Will crossing the land border via US will be sucessful in my case...

Due to my mother health issues i was not able to enter back ..
Did you get a SIN# when you entered in 2017? You may face an issue getting a health card until you have a valid PR card. If you got married or had a child sponsorship until youare compliant with your RO is risky so it could be years until you can sponsor them if you are actually able to enter Canada without being reported. If you did get PRTD based on H&C that would allow you to get a PR card on arrival.

Does your mother have other family members in her home country? Has she been seriously since 2017 with no one else to care for her? Except a very short period of time travel back to Canada was possible for PRs so you could have returned in 2021/2022 and as already mentioned you were out of status before Covid. The fact that you never spent any time in Canada will likely be a consideration. If you lose PR status your life would not change dramatically since you never established a life in Canada. Have you looked to see if you qualify for PR if you reapply? What is your CRS score? Are you in a profession that is in high demand in Canada? Are you under 40? Given that you may be waiting until 2024 for an appointment with the US embassy and your visa is not guaranteed I would suggest considering applying for a PRTD based on H&C especially if you qualify to reapply for PR. Waiting over a year to see if you get a U.S. visa just adds to your time outside of Canada and puts your life on pause during that period of time. You should get an answer about the PRTD based on H&C before 2024.
 
Dec 19, 2022
19
0
Did you get a SIN# when you entered in 2017? You may face an issue getting a health card until you have a valid PR card. If you got married or had a child sponsorship until youare compliant with your RO is risky so it could be years until you can sponsor them if you are actually able to enter Canada without being reported. If you did get PRTD based on H&C that would allow you to get a PR card on arrival.

Does your mother have other family members in her home country? Has she been seriously since 2017 with no one else to care for her? Except a very short period of time travel back to Canada was possible for PRs so you could have returned in 2021/2022 and as already mentioned you were out of status before Covid. The fact that you never spent any time in Canada will likely be a consideration. If you lose PR status your life would not change dramatically since you never established a life in Canada. Have you looked to see if you qualify for PR if you reapply? What is your CRS score? Are you in a profession that is in high demand in Canada? Are you under 40? Given that you may be waiting until 2024 for an appointment with the US embassy and your visa is not guaranteed I would suggest considering applying for a PRTD based on H&C especially if you qualify to reapply for PR. Waiting over a year to see if you get a U.S. visa just adds to your time outside of Canada and puts your life on pause during that period of time. You should get an answer about the PRTD based on H&C before 2024.

Yes I got SIN.yesc my elder one is there in my home country but he is married and living separately.. getting US visa is a huge huge task.. CRS score is around 400 ..under 40.. no am single .. I should have returned back in 2021 itself but I couldn't..


Can I get a Lima and job offer from a company after I revoke my pr
 

canuck78

VIP Member
Jun 18, 2017
53,416
12,890
Yes I got SIN.yesc my elder one is there in my home country but he is married and living separately.. getting US visa is a huge huge task.. CRS score is around 400 ..under 40.. no am single .. I should have returned back in 2021 itself but I couldn't..


Can I get a Lima and job offer from a company after I revoke my pr
The fact that your brother lives in India and could have also helped with your mother’s care could be an issue. Impossible to guarantee whether you would get a WP.
 
Dec 19, 2022
19
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The fact that your brother lives in India and could have also helped with your mother’s care could be an issue. Impossible to guarantee whether you would get a WP.
He lives separately with his family not close by. So he has to take care of his family..

What would be the best option now to move further ..
 
Dec 19, 2022
19
0
He lives separately with his family not close by. So he has to take care of his family..

What would be the best option now to move further ..

One more quick question is Will my expired PR card be taken into consideration by the officer in issuing US visit visa ..If he takes into consideration that I might try to go Canada by land border he might reject by US visit visa as well.. rite..
 

canuck78

VIP Member
Jun 18, 2017
53,416
12,890
One more quick question is Will my expired PR card be taken into consideration by the officer in issuing US visit visa ..If he takes into consideration that I might try to go Canada by land border he might reject by US visit visa as well.. rite..
Your expired PR card shouldn’t be a factor in your US visa application.
 

canuck78

VIP Member
Jun 18, 2017
53,416
12,890
He lives separately with his family not close by. So he has to take care of his family..

What would be the best option now to move further ..
Given that you applied for immigration to Canada and you still want to move to Canada there should have been a plan for your mother and there will need to be a plan for your mother in the future. Your mother moving closer to your brother would be an option. Parent immigration to Canada is far from guaranteed and many try multiple times before being selected and then processing times are around 3 years at the moment. Spots available is much smaller than spots in demand. It is not uncommon for people to wait 5-10 years before being able to get selected for parent sponsorship.
 
Dec 19, 2022
19
0
Given that you applied for immigration to Canada and you still want to move to Canada there should have been a plan for your mother and there will need to be a plan for your mother in the future. Your mother moving closer to your brother would be an option. Parent immigration to Canada is far from guaranteed and many try multiple times before being selected and then processing times are around 3 years at the moment. Spots available is much smaller than spots in demand. It is not uncommon for people to wait 5-10 years before being able to get selected for parent sponsorship.

this is not regd Parents PR sponsorship I was asking to get Canada via US border...
 

canuck78

VIP Member
Jun 18, 2017
53,416
12,890
this is not regd Parents PR sponsorship I was asking to get Canada via US border...
It is relavent because if you try and enter at the US border you will likely be questioned about not meeting your RO. You will likely have to present your case for H&C consideration. If you are able to reenter Canada you should not leave until you meet your RO so will need a care plan for your mother in India.
 
Dec 19, 2022
19
0
this is not regd Parents PR sponsorship I was asking to get Canada via US border...

It is relavent because if you try and enter at the US border you will likely be questioned about not meeting your RO. You will likely have to present your case for H&C consideration. If you are able to reenter Canada you should not leave until you meet your RO so will need a care plan for your mother in India.
My mistake I could not get that earlier one..