Visa exempt citizenship obtained after getting canadian PR

[mzl]

Hi folks, need your opinion on the subject.
Being a citizen of a non-visa exempt country I have got PR under FSW program. I am abroad and most likely I will not be able to maintain 730 days rule even before my PR card expires.

Now I got a citizenship of country that is visa-exempt for Canada. Do you think I can travel to Canada and cross the border on a new visa-exempt passport without the need to show them the PR card?

 

[amikety]

You can try, but according to CIC's website, you're expected to have your PR card with you upon returning.

http://www.cic.gc.ca/english/information/pr-card/index.asp

As long as you are entering before the expiration date, it's fine. Are you planning on remaining in Canada or just visiting?

 

[mzl]

I will most likely have to go back and forth to Canada where my wife and kid will be living (they are PRs as well) when my PR card expired. I can not apply for renewal of PR card due to 730 days rule not maintained.

Some day my wife and kid will get Citizenship and then there will be much less problems, but it is not in so near future especially considering long citizenship processing time.

 

[amikety]

I'm not sure what else to tell you. Hopefully a more experienced member will give you some advice. Sorry

 

[Leon]

You can probably get away with visiting using your new country passport unless they realize that you share the name and birthdate with somebody who is a PR. If they ask you about it, you have to be honest.

Losing PR is not automatic when you don't meet the requirements. Immigration has to realize that you don't meet the requirements which they could do when you enter and they realize that you are PR and haven't been living in Canada or could also happen if you try to renew your PR card without meeting the requirements.

If you ever do lose your PR, your spouse can sponsor you again as long as they are living in Canada and still meet their PR residency obligation.

If you don't lose your PR and at some point, you decide you want to stay in Canada for good, all you have to do to revive your PR is to stay for 2 years straight. Then you can apply to renew your PR card based on having stayed for 2 out of the past 5 years.

 

[mzl]

You can probably get away with visiting using your new country passport unless they realize that you share the name and birthdate with somebody who is a PR. If they ask you about it, you have to be honest.

Sounds like it is illegal to go with foreign passport being a PR (I understand that even with expired Card I am still a PR). Is it really illegal to do so? If they ask me about my PR sure I understand that I must be honest with them, and I suppose in this case it is more likely to get interrogated by Immigration and this may lead to further reporting and removal order even with letting me in.

Losing PR is not automatic when you don't meet the requirements. Immigration has to realize that you don't meet the requirements which they could do when you enter and they realize that you are PR and haven't been living in Canada or could also happen if you try to renew your PR card without meeting the requirements.

That is why I am never going to apply for PR or TD before I have 730 days in the last 5 years. The question is whether the new passport will help me to "safely" go through border for final settlement so that I can stay full 730 days to reapply for a new card.

If you ever do lose your PR, your spouse can sponsor you again as long as they are living in Canada and still meet their PR residency obligation.

If you don't lose your PR and at some point, you decide you want to stay in Canada for good, all you have to do to revive your PR is to stay for 2 years straight. Then you can apply to renew your PR card based on having stayed for 2 out of the past 5 years.

Then it probably makes sense to renounce the current Canadian PR and just go back and forth with visa exempt passport to my family without the risk of getting "removal order issued" record in my file. When I finally decide to stay in Canada for good, I can reapply for PR through my spouse (who will have PR obligation complete or may even obtain citizenship after awhile). Am I correct?

 

[Leon]

Sounds like it is illegal to go with foreign passport being a PR (I understand that even with expired Card I am still a PR). Is it really illegal to do so?

Then it probably makes sense to renounce the current Canadian PR and just go back and forth with visa exempt passport to my family without the risk of getting "removal order issued" record in my file. When I finally decide to stay in Canada for good, I can reapply for PR through my spouse (who will have PR obligation complete or may even obtain citizenship after awhile). Am I correct?

As far as I know, it is not illegal to enter at the border and not disclose that you are a PR although immigration may not like it much. You could also fly on your visa exempt passport but when you get to the Canadian immigration counter, disclose that you are a PR and show your landing papers or expired card or still valid card or whatever you have. Once you are outside Canada for so long that they start suspecting that you do not meet the requirements, they may start asking you about it. If they ever report you for not meeting the requirements, they will give you the opportunity to appeal. If you do not appeal, you will lose your PR status. I do not think you have any reason to hurry to renounce your PR status. Maybe you will not get reported after all and then if you feel like returning to Canada to stay, you can just enter and revive your PR. If have lost your PR and have to be sponsored again, you would not be able to work in Canada until the sponsorship comes through. It is up to you.

 

[scylla]

Make sure you have your PR card with you when you fly. My husband had something interesting happen to him on the way home from a recent trip that made it very clear how important a valid PR card is (even if you hold a passport from a visa exempt country).

We were flying home from a vacation in South East Asia transitting through Seoul. When we got to Seoul and attempted to obtain our tickets for the flight back to Canada, the airline initially refused to issue my husband his ticket and told him they were going to deny him boarding. My husband is an American citizen by birth who holds a valid US passport. The reason why they were going to deny him is that even though he's visa exempt, his final destination was Canada and he had no onward flight to the US. In other words, because this was our return leg, it was as if he had a one way ticket to Canada.

We then clarified that he's a Canadian PR. At first they thought his PR card was expired (read the date wrong) and once again, were going to deny him boarding.

Only once we showed them the PR card was valid did they print his ticket.

 

[mzl]

Make sure you have your PR card with you when you fly. My husband had something interesting happen to him on the way home from a recent trip that made it very clear how important a valid PR card is (even if you hold a passport from a visa exempt country).

We were flying home from a vacation in South East Asia transitting through Seoul. When we got to Seoul and attempted to obtain our tickets for the flight back to Canada, the airline initially refused to issue my husband his ticket and told him they were going to deny him boarding. My husband is an American citizen by birth who holds a valid US passport. The reason why they were going to deny him is that even though he's visa exempt, his final destination was Canada and he had no onward flight to the US. In other words, because this was our return leg, it was as if he had a one way ticket to Canada.

We then clarified that he's a Canadian PR. At first they thought his PR card was expired (read the date wrong) and once again, were going to deny him boarding.

Only once we showed them the PR card was valid did they print his ticket.

Thank you for the information. Basically the problem might have happened because he had no flight to the US. What about the immigration procedures in Canada? Did your husband show only US Passport, or just Canadian PR card, or both? Were there any additional questions from Immigration officer?

 

[aasma]

hi i have the same problem should i go only on visa exempt passport or should i shoe them my pr card which is still valid but residency requirement wont be met. thanks

 

[goodman36]

You can enter Canada with any country's Passport with a unexpired PR card. It should not matter if you changed citizenship. As long as you have an unexpired PR card, any airline should't object giving you a boarding pass. I think, if you are using a Visa-exempt country's passport then the airline needs to see a return ticket to your country of origin or towards another destination.

As for Canadian Immigration, they usually do not give a problem if you have an unexpired PR card. If you will not meet the required 730 days stay, then they may (not always) ask you why you stayed outside so long, they may keep a note but they will (most cases) will let you in. Then upon entering Canada, you can fulfill the 730 days requirement and apply for PR renewal.

If you are a Canadian PR, then I think it is a good idea to mention that to the Immigration Officer.

Lyon and Scylla has made it clear in their posts and they may correct me if I am wrong.

 

[scylla]

Thank you for the information. Basically the problem might have happened because he had no flight to the US. What about the immigration procedures in Canada? Did your husband show only US Passport, or just Canadian PR card, or both? Were there any additional questions from Immigration officer?

Sorry - I never answered this question.

My husband has a Nexus card. So he didn't have to speak with an immigration officer when he entered Canada.

 

[Calgary2012]

Hi all,
Does it help if the exempt visa passport holders get into Canada by hire car from US?
thank you,
Steve

 

[aasma]

thanks @goodman36. ur answered helped me but the point i am worried about is the chances of getting caught at airport for not meeting the obligation. i just dont want to lose my pr status.
actually me n my family planning to settle in canada so will definitely wait for total 730 days to renew my passport.
i am also interested in same question which calgary 2012 asked.plz help.



TO MAKE MY POINT CLEAR I JUST WANT TO KNOW THE WAY (EITHER BY AIR OR BY LAND) TO ENTER CANADA WITHOUT REPORTING.THANKS

 

[Msafiri]

thanks @ goodman36. ur answered helped me but the point i am worried about is the chances of getting caught at airport for not meeting the obligation. i just dont want to lose my pr status.
actually me n my family planning to settle in canada so will definitely wait for total 730 days to renew my passport.
i am also interested in same question which calgary 2012 asked.plz help.



TO MAKE MY POINT CLEAR I JUST WANT TO KNOW THE WAY (EITHER BY AIR OR BY LAND) TO ENTER CANADA WITHOUT REPORTING.THANKS

Please don't shout by using all caps. No one can guarantee what action the CBSA agent at any border crossing will take when you present yourself. If you are in breach of the Residency Obligation then you are taking a chance at each entry...like any situation where chance is an issue you can increase the odds in your favour and for Canada it appears that crossing a land border is less risky but its not 100%.