Returning to Canada with Expired PR Card and Did Not Meet 730 Days Requirement

[Josh2016]

I am a 17 years old who has been out of Canada following my parents who could not return to Canada due to unexpected circumstances. We have been out of Canada for more than 730 days. My father got a major accident in January 2011 and needed some therapy that he just completed in Feb 2014. Now, my parents had to take care of my dying grandfather. My sister, 19 years old, (the only sibling I have) returned to Canada and study in university there in July 2013 and she just been granted a new PR card valid for 5 years this month since she has lived there for more than 730 days continuously. I am applying to the same university and wish to return to Canada by July 2016 (I will be 18 by then), when I finish my high school. I plan to apply for travel document based on compassionate and humanitarian reason, i.e. I can not go back to Canada to live there permanently together, to be reunited with my sister, I was out of Canada due to my parents' circumstances when I was underage. Is it better to apply for travel document from the embassy where I am no (I am not from visa exempt country) or to go by private car from US with expired PR card and with landing permit. Anybody can suggest what is the best way. Is there any help I can get to allow me to be well represented. I am so eager to return to be reunited with my sister and my parents fully support the plan.

 

[kateg]

The main difference between the two is that one lets you talk to the officer, while the other is more of a correspondence route.

If you write better than you speak, it may make sense to take the time to apply for a travel permit.

If you are good at talking to people, a land crossing may help.

If you bring evidence with you of the hardships you have had, and make it clear that you did not abandon status, had good reasons for being gone, were not responsible for you leaving, and are coming back as soon as feasible, and intend to stay permanently, it would be a compelling case for H&C.

Personally, I would take the face-to-face approach, at a busy land crossing. It's been my experience that they are less inclined to spend large amounts of time on people.

If you hold permanent residency status, they won't deny you entry (though they may refer you for an immigration hearing at a later date). Since they won't be turning you around, and you may win a hearing anyway, officers may be less inclined to go through the paperwork.

That being said, it's going to depend on the officer. If you end up with a hearing, it will be pretty much the same as a travel document - a bureaucrat deciding if your H&C case is valid. The land border, however, gives you an extra shot in some ways - the officer may just wave you through.

 

[Josh2016]

Dear Kateg, thank you for responding. I have relatives who live in Canada but not in the province where my current residency (BC) who offers to pick me up with their car to enter Canada. Do you have any suggestion what documents I should bring with me? I am thinking of bringing valid passport, COPR/landing permit university acceptance. Back up: parents medical situation, my sister declaration and family card (to show that she is indeed my only sibling). Do you think my sister's declaration that she wants to be reunited with me should help. She is a third year university student and has a part time job (pays tax).

 

[kateg]

Dear Kateg, thank you for responding. I have relatives who live in Canada but not in the province where my current residency (BC) who offers to pick me up with their car to enter Canada. Do you have any suggestion what documents I should bring with me? I am thinking of bringing valid passport, COPR/landing permit university acceptance. Back up: parents medical situation, my sister declaration and family card (to show that she is indeed my only sibling). Do you think my sister's declaration that she wants to be reunited with me should help. She is a third year university student and has a part time job (pays tax).

I'd bring everything - you don't have to show them everything, but it's good to have it. Having university acceptance, family, etc. help show that you are serious about coming back. I'd even go for a pleading letter from the sister - wait to pull it out until (and only if) it looks like things are going against you.

 

[Josh2016]

Thank you very much 'kateg'! Appreciate your input. I will prepare all the necessary documents. In the case that I am allowed to enter, it means I have to be ready to stay for at least 2 years continuously to allow me to obtain a new PR card, right?

 

[Leon]

Thank you very much 'kateg'! Appreciate your input. I will prepare all the necessary documents. In the case that I am allowed to enter, it means I have to be ready to stay for at least 2 years continuously to allow me to obtain a new PR card, right?

Yes. If you are allowed to enter without getting reported, you should in any case stay for 2 years straight in order to meet the RO again and be able to renew your PR card. If you leave, there is no guarantee that you wont get reported coming back.

If you get reported, you need to appeal but you have pretty good grounds having been a minor and all. Under an appeal, you would be allowed to renew your PR card for one year at a time but it would still be smart to stay in Canada in order to show that you are serious about settling in Canada at this time.

 

[Josh2016]

Dear Leon,
Thank you very much really appreciate your guidance. I am ready to stay there for 2 years or more continuously. In the case of my parents come to Canada with me together via US Border, do you think they will have chance to be allowed to enter as well or it is better just for me alone to come? They would like to settle in Canada too, but they feel their chance will be very small to be allowed as they are not young anymore (50+) ? I have determined to go and to try any approach as I want to study, settle in Canada and really want to be together with my sister again.

 

[ttrajan]

Will they allow to enter Canada with expired PR card? Even we can't enter air flight?

 

[Josh2016]

They will be able to enter through USA as they have US B1/B2 visa.

 

[Leon]

Immigration must let them enter because they are PR's but they could report them for not meeting the RO. The more proof they have of your fathers accident and medical problems afterwards as well as of the dying grandfather, the better. They can claim these as humanitarian grounds to the immigration officer who may decided not to report them in which case they can stay for 2 years to revive their PR's too.

If they get reported, they can appeal too based on these reasons and if they have proof, I think they have a pretty good chance. Their age is not important, only the reasons why they could not meet the RO as well as their willingness to settle in Canada now.

If you travel with them, it could increase your odds of getting reported. If you all get reported, you should in any case appeal separately being you also have the grounds of having been removed from Canada as a minor which make your case stronger than theirs.

 

[Josh2016]

Leon, thank you very much ... I really appreciate the time you provide for answering the question.

 

[kateg]

Dear Leon,
Thank you very much really appreciate your guidance. I am ready to stay there for 2 years or more continuously. In the case of my parents come to Canada with me together via US Border, do you think they will have chance to be allowed to enter as well or it is better just for me alone to come? They would like to settle in Canada too, but they feel their chance will be very small to be allowed as they are not young anymore (50+) ? I have determined to go and to try any approach as I want to study, settle in Canada and really want to be together with my sister again.

It may be better not to have everyone violating the R/O at the same time. One person rejoining their family is in some ways easier to overlook than a whole family all at once.

Once you cross the border, you're good - your parents could then come up together to live permanently. If the agent rejects them, then only they lose their P/R. If that happens, you can look into getting a supervisa for them.

If you all come together, and they get rejected, you do too. Make sense?

 

[kateg]

Seconding what Leon says:

Immigration must let them enter because they are PR's but they could report them for not meeting the RO. The more proof they have of your fathers accident and medical problems afterwards as well as of the dying grandfather, the better. They can claim these as humanitarian grounds to the immigration officer who may decided not to report them in which case they can stay for 2 years to revive their PR's too.

This is exactly right.

If they get reported, they can appeal too based on these reasons and if they have proof, I think they have a pretty good chance. Their age is not important, only the reasons why they could not meet the RO as well as their willingness to settle in Canada now.

Yep. Age is much less important than the reasons, and the reasons should be things that are both unforseen and out of the individual's control. Losing your job is something you can plan around (for example), as is going to a school. Relatives getting sick is not something you can prevent.

If you travel with them, it could increase your odds of getting reported. If you all get reported, you should in any case appeal separately being you also have the grounds of having been removed from Canada as a minor which make your case stronger than theirs.

It may increase the odds of getting reported. On the other hand, the agent might be more sympathetic. There's no real way to know. As a minor, your odds are better - going separately gives you a chance to go on your own.

Ultimately the choice is up to you whether you want to risk it all together, or risk being apart. Your sister can apply for them to get a super visa to come to Canada. You are on your own, and you will have to decide whether to go it with them or alone.

 

[Josh2016]

Dear Kateg,
Thank you for advising. I really appreciate this. I will consider the options, for now, it seems going separately would be better for me. If I am reported, how long from the time I enter, I will have to go for hearing?

 

[Leon]

From what I have heard, it can take 1-2 years to process an appeal. Time spent waiting for an appeal only counts towards the RO if you win.

It is very important if you get reported and have to appeal that you stay and settle in Canada. If you leave, your appeal is pretty much lost as they will say ok, maybe he had good grounds not to meet the RO but in the past year or two, he did not stay either so he is not serious about this appeal and not ready to settle yet even at this time.

Of course if you don't get reported, it is even more important that you stay in Canada for the next 2 years straight in order to meet the RO again because if you were to leave, you might not be able to return.