Expired PR, Can a person and family enter Canada on new Empolyment offer?
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Hello Freinds,
One of my friend and family had Canadian PR card and it expired in Jun 2009,
He landed in June 2004 last week or so.
After that he went back to USA is working on H1-B.
He used visit Canada almost every month between 2004 - 2008
He has Bank accounts / Credit Card / and a line of Credit account with Canadian Bank as well. and these accounts are in good standing. he makes regular deposits and payments to loan account etc.
He had got SIN and OHIP for all of the family and of course never used any benefits.
Now the situation is he is trying for Canadian jobs and most likely he is going to get an offer soon.
His intentions are to move back to Canada and settle down permanently.
so my questions are :
1. Can he and his family enter Canada via road (Niagara Falls / Buffalo) on the basis of this new employment offer (even though the PR card is expired) ?
2. What is now required for him to re-enter Canada and take the job.
3. What is the quickest way to achieve this if the offer of employment is given with a 4 weeks notice to join.
Please suggest accordingly.
I/we appreciate all your suggestions and recommendations.
Regards,
v/n
Location: Somewhere in dreamland
Posted on: 21-10-11 17:44:38
Based on what you say, his PR card expired and he didn't renew the PR card.
This would mean he has lost his PR status. When he goes to any port of entry, he needs a PR card that is not expired.
In my opinion, he will not be allowed to enter Canada. Having SIN card/ Health card or bank accounts/loan will not help him keep his residency.
As far as residency is concerned, the rule is black and white - He has to maintain physical presence in Canada two years in any five year period.
The only way he will be allowed into Canada is - if he is a citizen of one of the countries who are allowed to visit Canada Visa free / if he is a US green card holder.
Brown_bear is right.
He lost his status .... and there is nothing he can do about it .... except reapplying if he qualifies under present category. I know at least couple of them who lost PR status and did not qualify under current category.
He can get a visit Visa ... if needs to visit now.
Hello,
Thanks for the responses.
He is aware of the residency rules in the sense that, if he enters and tries to renew his PR card, he may not get it right away. even if he shows the proof that had maintained the residency obligations for around 3 years between June 2004 - Jun 2008.
- He has his and spouse's Income Tax returns etc. as well.
- Current and good standing banking banking history.
He is worried that he will receive the employment offer soon and whether he will be allowed back in.
Once he is allowed, he will do what ever is required legally to gain back residency and citizenship.
It will a bonus if he can get his PR cards based on all of the past and current history he has.
So, at the port of entry, say he shows all his landing documents and PR card, SIN , OHIP cards etc. in original and the reason why is willing to come back to Canada ( the employment offer) and explains them the case properly, DOES he have a chance to be let in? without having to go through immigration office at Buffalo or so.
I am not sure if anyone has ever been into this kind of situation.
Alternate is to get business/ visit visas as a last resort.
Location: Somewhere in dreamland
Posted on: 22-10-11 13:35:36
Quote:
Originally posted by naudurivsm
Hello,
Thanks for the responses.
He is aware of the residency rules in the sense that, if he enters and tries to renew his PR card, he may not get it right away. even if he shows the proof that had maintained the residency obligations for around 3 years between June 2004 - Jun 2008.
- He has his and spouse's Income Tax returns etc. as well.
- Current and good standing banking banking history.
He is worried that he will receive the employment offer soon and whether he will be allowed back in.
Once he is allowed, he will do what ever is required legally to gain back residency and citizenship.
It will a bonus if he can get his PR cards based on all of the past and current history he has.
So, at the port of entry, say he shows all his landing documents and PR card, SIN , OHIP cards etc. in original and the reason why is willing to come back to Canada ( the employment offer) and explains them the case properly, DOES he have a chance to be let in? without having to go through immigration office at Buffalo or so.
I am not sure if anyone has ever been into this kind of situation.
Alternate is to get business/ visit visas as a last resort.
I think its best for him to seek legal advise from a good immigration lawyer on this
This is called short term gains for long term losses.
With a expired PR he will probably not be allowed entry at Port of entry, no matter what proof he shows..
First option is try for Travel Document from overseas saying ur PR has expired..
Most probably it will get rejected In which case he should apply for business/visitor visa or Work permit to reenter..
Quote:
Originally posted by naudurivsm
Hello,
Thanks for the responses.
He is aware of the residency rules in the sense that, if he enters and tries to renew his PR card, he may not get it right away. even if he shows the proof that had maintained the residency obligations for around 3 years between June 2004 - Jun 2008.
- He has his and spouse's Income Tax returns etc. as well.
- Current and good standing banking banking history.
He is worried that he will receive the employment offer soon and whether he will be allowed back in.
Once he is allowed, he will do what ever is required legally to gain back residency and citizenship.
It will a bonus if he can get his PR cards based on all of the past and current history he has.
So, at the port of entry, say he shows all his landing documents and PR card, SIN , OHIP cards etc. in original and the reason why is willing to come back to Canada ( the employment offer) and explains them the case properly, DOES he have a chance to be let in? without having to go through immigration office at Buffalo or so.
I am not sure if anyone has ever been into this kind of situation.
Alternate is to get business/ visit visas as a last resort.
Expired PR card renewal can only be done once the person has returned to canada, hence the person needs to apply for travel document.
Quote:
Originally posted by ashedfc
I think the easiest way is to apply for the PR Card renewal, its expired, however, its easier to get renewal as a special case (probably by pleading ignorance) & than take it from there. A lawyer specializing in this matter would be an ideal way to proceed.
