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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96403
Experience:  Lawyer
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My wife was told that she can\t return to Canada with an

Customer Question

Hi, My wife was told that she can\t return to Canada with an expired passport. She is in the US and Canada was aware of this when she left on MOn. nov. 14th/2016. She is due back on nov 28th, but was told she can\t go then because it tgakes longer to process a new passport. Mike
JA: What state are you in? It matters because laws vary by location.
Customer: she is in Missouri
JA: Has anything been filed or reported?
Customer: sorry, my mistake, Belleville, illinois. I don\t blieve so
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that is all
Submitted: 16 days ago.
Category: Canada Law
Expert:  Legal Ease replied 16 days ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 16 days ago.

Are you saying the airline said this or Canada Border Services?

Customer: replied 16 days ago.
thanks for asking.
she is in the US.
she went to renew her expired passport and was told she may not return to Canad(she is a landed immigrant living in Canada with me (her husband) until her passport is renewed.
3-4 weeks
Customer: replied 16 days ago.
scince her return date is Nov. 28th, she will miss her return flight.
Expert:  Legal Ease replied 16 days ago.

I am asking if the airline said this or Canada Border services.

Customer: replied 16 days ago.
Neither, i believe.
She is in the US.Went to apply for a renewal and was told there that she cannot re-enter on expired passport, and that it takes 3-4 weeks to process.
Expert:  Legal Ease replied 16 days ago.

So the US government told her she cannot enter Canada on a renew passport or cannot re-enter the US?

Customer: replied 16 days ago.
No, she is set to return on nov 28th, but she will not be able to return on that date,due to processing time.
This means that she will miss her return flight and lose the money she paid for the ticket.
when the passport is renewed, she can return to Canada.
Customer: replied 16 days ago.
Depending on actual processing time of her passport,she cannot even reschedule a flight home to Canada.
she has a Canadian permanent resident card, birth certificate and other Id info with her and American citizenship.
Is there any way she can come back to Canada on Nov. 28th,using any other document or process?
Expert:  Legal Ease replied 16 days ago.

So it is only the airline that is saying she cannot fly?

No one has said she cannot re-enter Canada right?

Customer: replied 16 days ago.
no,its the passport office said her return is delayed by any means of transport.
she can re-enter Canada.
Customer: replied 16 days ago.
she can re-enter Canada just not on her arranged return date.
Expert:  Legal Ease replied 16 days ago.


That is entirely incorrect.

That may be the case is she was trying to return on work permit or a study permit but she has a right to re-enter Canada at any point in time because she is a permanent resident. No US authority should have told her about the laws in Canada which they clearly do not understand.

It is true that she may not be able to board a plane without a valid passport but as a permanent resident she may cross the border into Canada at any point in time so for sure she can drive over or take a bus. She just cannot enter a plane.

Does that clarify the law?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Legal Ease replied 15 days ago.

Is there anything more I can help you with at this point in time?

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