neoseal

Hello,

Here's my situation:

I landed and got PR in March 2010, PR card expires in March 2015. I returned to UK due to job commitments and had planned to go back to Canada in December 2012. However, in Nov 2012 I had serious illness and had to get complete bed rest for 6 months and could not travel as planned.

Now I am ready to travel and settle permanently. As you see I will not fulfill the 730 days until the PR card expires. I understand that I can stay in Canada even with expired PR card and apply to renew once my 730 days are completed.

My query:

What are the chances of being questioned on entry due to long absence?
Should I use land crossing from US or fly directly into Canada?
Is it safer if I fly to US and cross the land border in a hired car or my brother who is Canadian citizen can come and pick me? If I can, then I will have to buy one-way ticket into US. How will that affect my entry into US, can they deny my entry on the basis that I have one way ticket, though I can show my PR Card. Can the airlines be fussy on this matter.
Which land crossing is the safest bet, my convenience is Seattle to Vancouver, however safest option is the priority.

All your help and suggestions are greatly appreciated.

Thanks

Former Lancastrian

So essentially what you are asking is the least riskiest way of entering Canada and not getting caught or questioned by CBSA about not meeting the 730 day residency obligation that you have failed to meet. You are hoping that CBSA will not pick up on this bearing in mind you know that you dont meet the residency obligation and will not disclose this fact if not questioned.

wolstie

Forget the expiry date of your PR card, that has nothing to do with the 730 days you need to fulfil.

If I understand correctly, if you left Canada in March 2010, you would be unable to put in 730 days between now and March 2015 in order to do the required 2 out of 5 years to retain PR. As such, I'm afraid it looks like your PR status has expired.

Aviator

Airlines flying to Canada and US are quite safe, they have a good safety record. Traveling by car may be less safe as you cannot account for other drivers. All border crossings to Canada are pretty safe, not many get shot or attacked trying to get in at airports or land crossings. There is the occasional tassering though.

Airlines are fussy on one way passage with no right of abode in destination country because immigration can refuse entry.

neoseal

Thanks for your reply.

I am looking for least riskiest way to enter. CBSA will pick up the 730 days requirement not met because I will be presenting my PR card on entry, however they may report or may not. If they, then I will have to appeal to get my PR reinstated.

Some people on other forums have said that there are less chances of being questioned on land crossing. Anyone have that experience?


My PR status will not expire if I live in Canada even if my card expires, its just that I can only renew the card once I full fill 730 days requirement in 5 year period.

good one Aviator. I am concerned of airlines, if I plan to land in US with one way ticket and continue by road to enter Canada, is this allowed.

Thanks.

Former Lancastrian

IMHO arriving in the US then travelling to Canada by private vehicle is the riskiest way as you need an ESTA and by the letter of the law you cannot do this though many have. Check on what is required for ESTA.
https://help.cbp.gov/app/answers/detail/a_id/572

Chances are when CBSA discover you do not meet the 730 day residency requirement they will report you regardless of the way you arrive. You have 37 days to appeal the removal order issued when reported. What would your appeal be based on. Read this link regarding loss of PR status.
http://www.cic.gc.ca/english/resourc.../enf23-eng.pdf

neoseal

Thanks Former Lancastrian, I have read the cic guide on loss of PR.
It's a gamble we will take.
Thanks.

christmasoompa

If you're entering the US on the VWP then a return ticket is a requirement isn't it?

And just checking, but you're planning on telling the truth if asked about your time in Canada, right? I don't know if you have to fill in the Declaration Card when entering by road, I know that if arriving by air it specifically asks PR's the date they left Canada.

neoseal

Thanks christmasoompa

That is what I think, however there is no where on US embassy website written specifically that you have to have a return ticket. Question is to satisfy the immigration officer that I will leave US as I have valid Canada PR card and explain that my next leg of journey to BC is by road. Do you think this might be enough to satisfy them? Another, thing is they will have all my details from ESTA so they will know if I have left or not.

In the mean time I was checking tickets, one-way tickets are equivalent to return, I might as well get return and don't use it.

Yes definitely telling the truth, don't know how someone can lie on number of day out, because as soon as they pull up the record they know how much time I am out due to airline sharing data with CIC.

I am asking the same thing whether its required to fill in declaration card on entering by road. I don't think filling the card will make any difference as they have the data already.

Thanks

Aviator

The first question I get asked when entering Canada by road is 'Where is home' the 2nd is how long I have been out of the country. 3rd if i am bringing any goods into Canada. Same questions every time. The only way to get around it is lie.

By air, you fill in the customs declaration, asks for home address and date you left Canada.

If you don't plan on lying, then why show up at all and 'risk it' as you say?

christmasoompa

Yes there is - http://london.usembassy.gov/mobile//faq-vwp.html. But in any event, the requirement is made clear when you do the ESTA application form.

That's good, at least then if you do manage to get past CBSA without them noticing you won't be at risk of having PR (or even citizenship) revoked in the future. Especially with the crackdown on it at the mo - http://www.cic.gc.ca/english/departm...-residence.asp

http://www.cbsa-asfc.gc.ca/media/pro...05-06-eng.html

neoseal

Aviator, you have made a very valid point. Its easy by air, just fill customs form and address etc.

Christmasoompa, when I read the faq on US embassy today afternoon I missed out few words at the end of sentence....now I re read it and found the answer.

"If I fly into the United States and out of Canada or Mexico, do I need a visa?

It will depend on your itinerary. If you have an onward ticket for each stage of your journey, including the journey between the United States and Canada or Mexico, you may travel without a visa. Should you choose to travel this way, you must be in possession of the tickets for each stage of your journey on your initial entry into the United States. You cannot buy the ticket for the journey between the United States and Canada or Mexico on your arrival in the United States. If you will depart the United States for Canada or Mexico by private transport, you will require a visa."

Thanks once again, really appreciate your help.

Aviator

you also have to put when you left Canada, which was as you say, 2010, so may raise some questions.

neoseal

yes 2010 may raise questions. Will they not consider my long term sickness due to which I was not able to travel.

christmasoompa

It won't be considered at the border, but may be grounds for an appeal. It will depend though, on the nature of the sickness and if you definitely couldn't travel (i.e. a coma) versus something that you could have travelled with (i.e. early stages of cancer).

I'd take proof of being ordered to not travel for 6 months i.e. letter from your doctor and hospital records, and that will help if it comes to it.