Returning to Canada with PR Card that is expired 3 yrs ago

[MrskT]

Hi,
My friend's parents want to return to Canada with a PR card that is expired 3 years ago and live permanently. Their daughter got PR based on theirs but she has lived lawfully in Canada with valid PR card. They dis not return at the same time due to her father's accident and recovery plus taking care of her grandparents. Can they reenter Canada by car from US? My understanding, they will be most likely reported to CIC but will they be allowed to enter, they are not from visa exempt country.

Should they appeal and not able to win in the appeal/hearing, will they be considered of doing violation of law (have a criminal record)? Can they still apply for visitor visa after that?

They most likely can still be qualified to apply for express entry, should they try that instead of going back with expired PR card?

They are eager to live near their daughter who is still studying in the university.

 

[Leon]

If they have humanitarian grounds and can prove it, they have a chance at winning the appeal if they get reported. They can enter from the US and will in any case be allowed to enter. They should explain their situation to the immigration officer if asked and it is possible that they don't get reported in case they should stay for 2 years straight to meet the RO again. If they do get reported, they should appeal and continue to stay until their appeal has been processed which can take 1-2 years. If they lose the appeal, there is nothing criminal, they would just have lost their PR and would be asked to leave. They could apply for PR again or a TRV if they so choose.

As for renouncing their current PR and applying again, they should really check if they still qualify before making a decision like that.

 

[MrskT]

Thank you Leon. Very helpful.

 

[MrskT]

Dear Leon, Btw, I still have a follow up questions, to enter Canada via US border, will people can get in with expired PR card or they will allow any permanent resident to do so but will eventually for sure will report them if without H&C.

In the case they do not win the appeal, they will get the temporary visa for 6 months? Can they extend it from inside canada ? Or they have to be out to do so?

 

[Leon]

Arriving in Canada with a long expired PR card alerts immigration to the fact that you haven't been in Canada for a long time. Immigration will ask you how long you were gone and why. The immigration officer is allowed to waive you through or report you for being in breach of the RO. Some always report and let their superiors sort it out later. Some sometimes report if they feel someone is lying to them etc. Some may have sympathy for you. So getting reported is a possibility but not 100% certain.

If you get reported and you appeal and at the end, you lose your appeal, you will receive a departure order. That means you are asked to leave. If you do not leave, this changes into a deportation order in 30 days time. Getting deported would severely limit your options to visit Canada in the future so I would not risk that. Instead, leave and apply for a multiple entry visit visa from outside. Keep in mind that with a multiple entry visit visa, you can only stay 6 months at a time and the rule of thumb is no more than 6 months in any 12. If you stay more than that, you are not considered just visiting any more. If they have children in Canada and one of their children has a good income, they can sponsor their parents for a super visa. This is also a multiple entry visit visa but allows them to stay for up to 2 years at a time. However, the child would have to promise to take care of them and they need to have health insurance.

 

[MrskT]

Leon, thank you for explaining in details. So, if they get reported, they have to submit request to appeal within 30 days and I read, appeal process will be within 1-2 years. During the waiting for hearing for appeal can they study or work and purchase property? Will have a job, own a property or small business help in the court hearing to give them a favour to win the case?

 

[Leon]

Leon, thank you for explaining in details. So, if they get reported, they have to submit request to appeal within 30 days and I read, appeal process will be within 1-2 years. During the waiting for hearing for appeal can they study or work and purchase property? Will have a job, own a property or small business help in the court hearing to give them a favour to win the case?

During the appeal processing, they remain PR. They can renew their PR cards for 1 year validity at a time and they can work, buy property, start a business etc. etc. Although the reasons for not meeting the RO are most important for the appeal, if the case could go either way, it will help if they are well settled in Canada.

 

[MrskT]

Hi Leon, what is the process of applying PR card that is valid for 1 year, I never see any written rule on this one? This can be done while waiting for the hearing process ? How long will it take to process for the one year PR card. Thank you.

 

[Leon]

Hi Leon, what is the process of applying PR card that is valid for 1 year, I never see any written rule on this one? This can be done while waiting for the hearing process ? How long will it take to process for the one year PR card. Thank you.

Fill out a normal PR card application but include a cover letter stating that you were reported and are appealing based on H&C grounds and want a 1 year PR card as based on R54(2).

I doubt that the processing time is any faster than applying for a normal 5 year PR card renewal.

Here are some links:

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-22.html#docCont

54. (1) Subject to subsection (2), a permanent resident card is valid for five years from the date of issue.
Marginal note:Exception

(2) A permanent resident card is valid for one year from the date of issue if, at the time of issue, the permanent resident
(a) is subject to the process set out in paragraph 46(1)(b) of the Act;
(b) is the subject of a report prepared under subsection 44(1) of the Act;
(c) is subject to a removal order made by the Minister under subsection 44(2) of the Act and the period for filing an appeal from the decision has not expired or, if an appeal is filed, there has been no final determination of the appeal; or
(d) is the subject of a report referred to the Immigration Division under subsection 44(2) of the Act and the period for filing an appeal from the decision of the Immigration Division has not expired or, if an appeal is filed, there has been no final determination of the appeal.

http://www.cic.gc.ca/English/resources/manuals/bulletins/2012/ob412.asp

If the disposition is negative (i.e. Client is reported under section 44) and CIC staff recommends the issuance of a 1-year validity card…
Then CPC-S will process application accordingly and approve the issuance of a 1 year card. CBN will then issue a PR card with a 1 year validity and mail it directly to the client.

 

[MrskT]

Leon, thank you for answering my questions. You are great.

 

[Msafiri]

Hi Leon, what is the process of applying PR card that is valid for 1 year, I never see any written rule on this one? This can be done while waiting for the hearing process ? How long will it take to process for the one year PR card. Thank you.

Apply using the normal PR Card renewal application form. There is a section on the form that pertains to being under report so tick yes and a one year card will be issued. CIC check their databases anyway but best to be honest.

 

[MrskT]

Hi Msafiri, thank you for explaining more. Does the 1 year PR card can be valid for traveling in and out ofCanada? Thank you.

 

[scylla]

Hi Msafiri, thank you for explaining more. Does the 1 year PR card can be valid for traveling in and out ofCanada? Thank you.

If you are issued the 1 year PR card, you should remain in Canada and try to avoid travel outside of the country. Otherwise CIC will take this as a sign that you aren't really committed to Canada and are just trying to retain your PR status as a convenience.

 

[Msafiri]

Hi Msafiri, thank you for explaining more. Does the 1 year PR card can be valid for traveling in and out ofCanada? Thank you.

Yes but as advised leaving Canada while under report for RO breach is just plain a very bad idea....an ongoing presence in Canada doing something constructive ideally employment will be considered as a positive factor at the appeal. It may not/won't it in itself overcome the RO breach but if the appeal is at the margins this may just swing it in your favour.

 

[MrskT]

Thank you Msafiri. Helpful input.