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Will entry to Canada be denied with an expired PR card?

Mar 24, 2015
16
1
I have an immediate problem and hope someone can help
- My wife and daughter have PR cards to be expired in Nov/15
- They need to travel to HK in Dec/15 and back to Canada in Jan/16
- They already applied PR card renewal on urgent basis and provided travel proof but no reply from CIC
- The residency obligations are fulfilled i.e. stayed 2 years out of 5 years
Assume they cannot get the renewal of PR card in time, will they be denied entry into Canada with an expired PR card when they are back from Hong Kong?
If there is such a possibility of denied entry, what can they do? They already applied for urgent renewal of PR card but no answer yet. When they are in HK in Dec/15, the Canadian Consulate in HK was already closed. Can they do something now assumed PR card cannot be renewed in time?
 

ttrajan

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Oct 14, 2013
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Apply for travel document. Do you have visa to exempt passport?
 

ttrajan

Champion Member
Oct 14, 2013
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With British passport, they can enter Canada.
 

Leon

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Jun 13, 2008
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Arriving at a Canadian airport, they can enter Canada as PR's with expired PR cards but in order to board the plane in Hong Kong, they should not show PR cards or mention that they are PR but only show their British passports.
 

kateg

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Aug 26, 2014
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2174
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27-08-2015
Assume they cannot get the renewal of PR card in time, will they be denied entry into Canada with an expired PR card when they are back from Hong Kong?
No, though if they indicate they are permanent residents, the airline may not let them fly. Another option would be to fly to US and enter by land.

Can they do something now assumed PR card cannot be renewed in time?
http://www.cic.gc.ca/english/information/applications/guides/5529ETOC.asp <- PR Travel Document

Alternatively, they can fly using a passport from a Visa-Exempt country, if they do so before March.
 

dpenabill

VIP Member
Apr 2, 2010
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I concur in the observations by Leon and kateg.

I do not disagree with ttrajan per se, but having a British passport is largely irrelevant for purposes of a PR's entry into Canada: as PRs they are entitled to entry into Canada. In contrast, the British passport merely authorizes entry but does not necessarily entitle the person carrying a British passport to actual entry. POE officers can, and on some occasions do, deny entry to persons carrying a British passport. In contrast, a Canadian PR cannot be denied entry (the PR may be reported for inadmissibility, if applicable, but not denied entry).

The significance of carrying a British passport is that it is visa-exempt, so it (1) authorizes entry into Canada without need to apply for a visa, and (2) it satisfies an airline's boarding requirements relative to identification and travel document authorizing entry into Canada. That is, it gets the traveler on the plane, but upon arrival at the POE the traveler is still subject to screening and potentially being denied entry (typical example would be a UK citizen the POE officer believes is not just a tourist but coming to work in Canada without a work permit; for example, CBSA appears to have increasingly required access to travelers' laptops, email, or cell phones to look for indications of plans to work or live in Canada; visa-exempt travelers with a one-way ticket seem particularly at risk for elevated scrutiny at the POE).

The caveat is that by March next year, as noted by kateg, those carrying a British passport (with some very narrow exceptions, like members of the British Royal family) will need electronic authorization in advance of boarding, pursuant to the eTA requirements currently being implemented for the vast majority of visa-exempt travelers (scheduled to be fully implemented and mandatory by March 2016, but noting that already major problems with actual implementation of the program are currently being experienced, so it remains to be seen if the program is fully in force by March).



Other clarifications:

I particularly concur in the caution noted by Leon, since the actual rule requires PRs to display either a PR card or a PR Travel Document (technically the visa-exempt passport is only for foreign nationals and PRs are not foreign nationals). But I would further caution that there are indications suggesting a decline in, or perhaps an outright end to the common practice of allowing PRs to board flights destined for Canada if the PR displays a visa-exempt passport.

I would note, in this regard, that a one-way ticket, or perhaps even a return ticket to Canada, may raise enough of a flag (depending on which airline or departing location/country is involved) to lead to problems boarding for a PR who is not carrying a PR card or PR Travel Document. No easy way to quantify the extent of this risk -- it could range from minimal to substantial. And, again, it could depend a lot on which airline it is, or which country one is flying out of.


Regarding obtaining a PR Travel Document abroad:

Technically it should be basically the same process no matter which visa office is involved. Practically, though, it is clear that the experience varies a lot from visa office to visa office, the timeline varying, and the extent of proof the PR should submit with the application varying.

In any event, the PR should be prepared to submit proof of compliance with the PR RO with the PR Travel Document application. How much proof may depend on the circumstances. Many seem to attach hard and fast significance to the basic fact of being in compliance with the PR RO based on two years in Canada within the previous five. That, I think, can be a mistake. The PR who has been living in Canada for the previous five years, who happens to need to travel abroad without renewing the PR card prior to departing Canada, will almost certainly have little risk of problems getting a PR TD, certainly a lower risk of problems than the PR who declares less than 900 days (less than half time) in Canada in the last five years. Common sense matters. And saying something is so does not make it so. Those who cut it close, and are abroad in need of a PR TD to return to Canada are, indeed, cutting it close, with rather predictable complications looming.


englishpatient2006 said:
- My wife and daughter already stayed in Canada for 3 years and most likely will qualify for citizenship in 2016
Three years, particularly three plus years, should be enough of a margin to not worry. There is a fair chance, it is my guess, that the urgent processing of application for new PR cards will come through in time for a trip in December (especially if a bit later than the first of the month). If not, a few documents to show where they have been living and what they have been doing should be carried as proof of compliance with the PR RO.
 
Mar 24, 2015
16
1
Dear all,

I have a big problem and kindly render assistance if you know the way:
- My wife still not received renewal PR card (old one expired in Nov/15). She has to fly to Hong Kong on 15 Dec/15 and tickets were booked.
- She can apply for Travel Documents for PR in Hong Kong on 16 Dec/15 but it takes about 4 weeks to process. Besides, the passport needs to be kept at the Hong Kong Visa Application Centre.
- Can she enter Canada from Hong Kong with an expired PR card and tell the immigration officer the dilemma she faced.
- She hold a British citizen passport. Would that help her to get back to Canada?

Many thanks
 

zardoz

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Feb 2, 2013
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englishpatient2006 said:
Dear all,

I have a big problem and kindly render assistance if you know the way:
- My wife still not received renewal PR card (old one expired in Nov/15). She has to fly to Hong Kong on 15 Dec/15 and tickets were booked.
- She can apply for Travel Documents for PR in Hong Kong on 16 Dec/15 but it takes about 4 weeks to process. Besides, the passport needs to be kept at the Hong Kong Visa Application Centre.
- Can she enter Canada from Hong Kong with an expired PR card and tell the immigration officer the dilemma she faced.
- She hold a British citizen passport. Would that help her to get back to Canada?

Many thanks
As has been said many many times in this forum, entry into Canada is NOT the problem. It's getting to the border. If she is denied boarding on the plane by the airline, then she will require a PRTD. However, using a British passport, she may be able to board the plane as a "visitor" if she doesn't tell them that she is a PR. This loophole looks like it's going to close early next year.
 

ken2015

Member
May 28, 2015
16
0
Hi All,
I have applied for renewal of my PR card in August 2014 & it went for secondary review in January 2015. I left Canada in December 2014 for work. Since I am outside, I unable to follow up my case with CIC via telephone & may be this is the reason that I have not received any correspondence from CIC. Family is still residing in Canada. Now. I am very much frustrated & decided to enter Canada from States, since I am having USA visa, with family in order to contact Call center from Canada to know my status. Looking for some guidance from Mr Leon & same time requesting if some body share personal experience of entering Canada by border.
Regards,
Ken
 

ttrajan

Champion Member
Oct 14, 2013
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How long you stayed in Canada?
 

Leon

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Jun 13, 2008
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ken2015 said:
Hi All,
I have applied for renewal of my PR card in August 2014 & it went for secondary review in January 2015. I left Canada in December 2014 for work. Since I am outside, I unable to follow up my case with CIC via telephone & may be this is the reason that I have not received any correspondence from CIC. Family is still residing in Canada. Now. I am very much frustrated & decided to enter Canada from States, since I am having USA visa, with family in order to contact Call center from Canada to know my status. Looking for some guidance from Mr Leon & same time requesting if some body share personal experience of entering Canada by border.
Regards,
Ken
You can enter Canada with an expired PR card from the US. You may have problems boarding commercial transport like plane, train or bus if you are not visa exempt and have an expired PR card but you can go across on your own, walking or driving a private or rented car or by having family pick you up.

You do however risk if you don't meet the RO (residency obligation) of having at least 730 days in Canada in the past 5 years that you could be reported on entry and they could start an investigation into your PR or proceedings to revoke it.
 

ttrajan

Champion Member
Oct 14, 2013
2,236
49
Category........
AINP
Job Offer........
Yes
LANDED..........
15-08-2012
Can we get TD with expired PR card?
 

ken2015

Member
May 28, 2015
16
0
ttrajan said:
How long you stayed in Canada?
I have completed the requirement, however, I have added some days to make it 2 years obligation, around 45 days, when my wife was accompanied with me outside Canada. Although she stayed with me around 2 years outside Canada but I added only 45 days to make it 2 years. It is now 15 months since my case is under secondary review, but I have decided to enter from USA to at least follow up with CIC to know the status. Any advise is highly appreciated.
Regards,
Ken
 

Leon

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Jun 13, 2008
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ttrajan said:
Can we get TD with expired PR card?
Yes, TD is meant for PR's who are outside Canada without a valid PR card whether they had to leave before they got one and it never arrived or it was lost or stolen or expired.

However, when applying for a TD, immigration asks if you meet the RO (residency obligation). If you don't meet it for no good reason and they refuse the TD, you can appeal but if you don't appeal or lose the appeal, they will usually revoke your PR. Therefore, if you don't meet the RO, it would be advisable to try to enter Canada from the US without the need to apply for a TD.