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Travelling to Canada by car with expired pr card

jammv

Star Member
Aug 20, 2012
139
5
Toronto, Canada
Category........
Visa Office......
NDVO
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2014
AOR Received.
29-07-2014 (SA received)
File Transfer...
29-07-2014
Med's Done....
18-04-2014
Passport Req..
19-01-2015 (DM:20-01-2015)
VISA ISSUED...
PP Received - Feb 11th
My wife's PR card expired on Nov 28th 2024, We returned back from India to Canada on May 2024.
She is not meeting her RO currently so I can't apply for her renewal yet. In last 5 years she has stayed only 15 months in Canada. I'll be applying for her PR once she meets the RO.
We are planning a vacation to states next week and are crossing the border by our own car. Will it be a problem while returning back ?

Pls help!!
 

steaky

VIP Member
Nov 11, 2008
14,798
1,767
Job Offer........
Pre-Assessed..
My wife's PR card expired on Nov 28th 2024, We returned back from India to Canada on May 2024.
She is not meeting her RO currently so I can't apply for her renewal yet. In last 5 years she has stayed only 15 months in Canada. I'll be applying for her PR once she meets the RO.
We are planning a vacation to states next week and are crossing the border by our own car. Will it be a problem while returning back ?

Pls help!!
On your return, the officer at port of entry might or might not report him for not meeting RO. If you want to go ahead, then go. For vacation, there are places in Canada worth a visit... even by car.
 

canuck78

VIP Member
Jun 18, 2017
55,818
13,607
My wife's PR card expired on Nov 28th 2024, We returned back from India to Canada on May 2024.
She is not meeting her RO currently so I can't apply for her renewal yet. In last 5 years she has stayed only 15 months in Canada. I'll be applying for her PR once she meets the RO.
We are planning a vacation to states next week and are crossing the border by our own car. Will it be a problem while returning back ?

Pls help!!
Is a trip to the US really worth potentially being reported for not meeting RO? Even the appeal process if you get reported is very stressful and would prevent her from applying for a new PR card since time in Canada would not count unless appeal is approved. If you are counting days after landing as a PR towards RO you have already lost days towards RO. She needs to be in Canada for 730 days in the past 5 years on any day at this point to be compliant.
 

jammv

Star Member
Aug 20, 2012
139
5
Toronto, Canada
Category........
Visa Office......
NDVO
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2014
AOR Received.
29-07-2014 (SA received)
File Transfer...
29-07-2014
Med's Done....
18-04-2014
Passport Req..
19-01-2015 (DM:20-01-2015)
VISA ISSUED...
PP Received - Feb 11th
On your return, the officer at port of entry might or might not report him for not meeting RO. If you want to go ahead, then go. For vacation, there are places in Canada worth a visit... even by car.
Actually she accompanied me (Canadian citizen spouse) while she was outside Canada. I guess she meets RO requirement if we take into consider the time spent with Canadian spouse. (But not by physically staying in Canada for 730 days in last 5 yrs).
I was planning to apply for her PR after coming from Vacation. But if I apply for her PR before our vacation (Dec 19th) will that help ? I can show proof that my PR is in process.
 

armoured

VIP Member
Feb 1, 2015
17,356
8,957
Most useful, thanks for the update.

BUT: I want to warn others, that your experience and situation are substantially different from that of many who return via land border not just because they have no PR card, but because they are also out of compliance with the residency obligation (and reading between the lines, in many cases have MUCH lower chances of retaining PR status by applying for a PRTD abroad).

In your case, it seems, you were very much in compliance with the residency obligation - both by strict day count (>730 days in Canada), and because accompanying a Canadian citizen abroad (some might say the latter basis is less certain or 'arguable', but still a strong case).

Put differently: there was approximately zero chance you were actually going to be reported at the border for non-compliance (or that any such report would 'stick' if you were reported).

Still useful to hear of your experience, esp picking up the PR card.

But those not in compliance should not rely on this fortuitous outcome of yours as indicative of how their cases might turn out.

Each case depends on details, and your details are quite different than many posting questions here.
 
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canuck78

VIP Member
Jun 18, 2017
55,818
13,607
Actually she accompanied me (Canadian citizen spouse) while she was outside Canada. I guess she meets RO requirement if we take into consider the time spent with Canadian spouse. (But not by physically staying in Canada for 730 days in last 5 yrs).
I was planning to apply for her PR after coming from Vacation. But if I apply for her PR before our vacation (Dec 19th) will that help ? I can show proof that my PR is in process.
How much time did you spend living together (not visiting) in Canada after she got PR?
 

jammv

Star Member
Aug 20, 2012
139
5
Toronto, Canada
Category........
Visa Office......
NDVO
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2014
AOR Received.
29-07-2014 (SA received)
File Transfer...
29-07-2014
Med's Done....
18-04-2014
Passport Req..
19-01-2015 (DM:20-01-2015)
VISA ISSUED...
PP Received - Feb 11th
How much time did you spend living together (not visiting) in Canada after she got PR?
She landed on Feb 2015 for first time(on Spousal PR). We have been together since then...This is her second PR renewal. Renewed once in Nov 2019.
We left to India in Jan 2020, came back to Canada in April 2022.
Went back to India again in Dec 2022 - Came back to Canada in May 2024.

We have a been living together(in India and Canada) after she landed in Canada (Feb 2015).

We own a house here together. She has her active OHIP, SIN , Bank Accounts and everything.
 

canuck78

VIP Member
Jun 18, 2017
55,818
13,607
She landed on Feb 2015 for first time(on Spousal PR). We have been together since then...This is her second PR renewal. Renewed once in Nov 2019.
We left to India in Jan 2020, came back to Canada in April 2022.
Went back to India again in Dec 2022 - Came back to Canada in May 2024.

We have a been living together(in India and Canada) after she landed in Canada (Feb 2015).

We own a house here together. She has her active OHIP, SIN , Bank Accounts and everything.
Assume you both reapplied for OHIP in May and so did you because if not you both don’t actually have valid OHIP cards since you didn’t meet the residency obligation to qualify for OHIP. If you don’t reapply when you haven’t met residency obligations OHIP can ask you to reimburse any healthcare used. Given your time living in Canada she can count tome accompanying Canadian citizen abroad.