Below I go into much depth about the prospect a recently landed PR may be able to board a flight to Canada without presenting either a valid PR card or PR Travel Document. The experience reported by
Meganes illustrates that this is at least possible.
This experience appears to confirm what I suggested multiple times last month. For example:
dpenabill said:
Note, there is some possibility that an airlines will allow boarding despite the absence of clearance from CBSA, and despite not having the precise documents prescribed, which for PRs is either a valid PR card or a PR TD. . . .
. . . if the airlines do allow some exceptions, my guess is that the recently landed PR with a CoPR, trying to board a return flight to Canada, probably has about as good a chance as any PR would.
However, it is difficult, if not practically impossible, to forecast how this will work for any other PR, including a recently landed PR in very similar circumstances.
There is, nonetheless, and despite how otherwise the trend is toward more strict enforcement of the rules for presenting prescribed documents when flying to Canada, a prospect that recently landed PRs will be given a window of time in which presentation of the passport used when landing, and which thus should have the counterfoil PR visa in it (albeit cancelled, as it is a single-use visa), will suffice for boarding a flight to Canada.
Frankly, to my view, this would make good sense given how common it is that new PRs need to make the landing trip sooner than they are prepared to make the trip to fully settle in Canada. Moreover, many new PRs are already in Canada pursuant to temporary status (work or study), and have firm plans for near-future international travel when their PR applications, somewhat abruptly, are finalized, and are thus in the situation where they need to complete the landing process but there is not time to wait for a PR card before their already planned (and often paid for or is due to important work or family commitments) trip begins.
Unfortunately, and despite this experience reported by
Meganes, such PRs face the risk and inconvenience of having to apply for and obtain a PR TD in order to return to Canada. The nature and extent of such inconvenience varies widely, looming larger for those whose planned trip is so short in duration that it will be impractical to timely obtain a PR TD (without expensive or inconvenient delays in travel), or those who will be in countries where applying for a PR TD can be more problematic and take considerably more time.
Nonetheless: my sense is that the experience reported by
Meganes offers some hope for new and future new PRs, that airlines, in conjunction with CBSA and IRCC, will allow some leeway in these situations,
but the nature and scope of what leeway there might be is unknown, uncertain, and possibly temporary.
Thus, in general, new PRs and those who will become PRs, should be aware that it takes time to obtain a new PR card after landing, and that in the meantime if they go abroad there is a high risk they will need to obtain a PR TD to make the return trip to Canada.
In particular, in the situation reported by
giopol, who queried in another topic, it is almost certain (but not absolutely) that a PR TD will be needed to board a flight to Canada (recognizing that with a European passport that
giopol could alternatively transit via the U.S.)
Further below, I offer citation and links to some of the more informative sources relevant to this discussion.
The much, much longer, more in depth explanation:
Meganes said:
Just to share my experience: I traveled without PR card to Germany. For return, I showed my visa to the airline and at the PoE, the officer did not ask me even a single question. I gave her my passport and CoPR and added that I have landed recently. She was totally OK with them. I did not say anything about my PR card, but she added "So, you have not received your card, yet" and I said "Yes".
Meganes said:
Just to share my experience: I traveled without PR card to Germany. For return, I showed my visa to the airline and at the PoE, the officer did not ask me even a single question. I gave her my passport and CoPR and added that I have landed recently. She was totally OK with them. I did not say anything about my PR card, but she added "So, you have not received your card, yet" and I said "Yes".
Your report is appreciated.
As already noted, this experience appears to confirm what I suggested multiple times last month, and in particular what I posted in response to a recently landed PR with travel plans to the UK, to whom I suggested that
" . . . if the airlines do allow some exceptions, my guess is that the recently landed PR with a CoPR, trying to board a return flight to Canada, probably has about as good a chance as any PR would."
Similar observations were included in posts responding to your queries, noting that notwithstanding full implementation of the eTA program that
given the discretion airlines still have to allow travelers to board a flight to Canada even if the IAPI system gives the "no board" response, that
"perhaps the recently landed PR, particularly one booked on a return flight to Canada," will be allowed to board the flight returning to Canada despite not having either a PR card or PR Travel Document.
I would
still caution others against relying on this, if avoidable, since it relies on the airlines'
discretion and we do not know the parameters within which such discretion may be exercised generally, let alone the parameters within which it will be exercised by a particular airline, and we are
especially unaware how this might be applied in practice
as to any specific traveler.
It is relatively easy to identify some factors which would
likely influence how such discretion may be exercised (as I have repeatedly noted, recently landed PR with a
return ticket to Canada is one), but with no confirmation or description of the discretion the airlines have, no description let alone enumeration of relevant criteria, it is nearly impossible to predict how it will go for any particular PR attempting to board a flight to Canada . . . except to know that boarding
may be denied and that reports confirm the strict rule is indeed being applied to many travelers, probably most travelers (recent media reports have described this, including Canadian citizens as well as PRs, in many instances appearing to have a draconian impact on innocent, unsuspecting PRs and citizens), and perhaps to almost all PRs.
Thus, while it is good to know (for those PRs who may be affected) that there is some prospect, perhaps a significant prospect of being allowed to board a flight to Canada despite how strictly the PR card or PR TD rule is now being enforced, those who are in a similar situation (already booked trip, no time to wait for PR card, not enough time during trip to obtain PR TD) should be cognizant that it will be very difficult to know for sure, to know whether they will be allowed to board the flight to Canada, before actually appearing at the airport to board the flight. . . . But for many, the risk may an acceptable one, recognizing that the worst case scenario is they could be denied boarding that particular flight but will be able to obtain a PR TD and catch a later flight.
Thus, in any event, and in addition to what we already knew, what we learn and what is confirmed, from this report, is that indeed, as I previously observed:
-- the airlines still have discretion to allow travelers to board a flight despite the traveler failing to present one of the prescribed documents or despite a "no board" IAPI response
-- and thus, in particular, a recently landed PR
may be allowed to board a flight to Canada without presenting either a PR card or a PR TD
The observation, the
may-be-allowed-to-board observation, must be juxtaposed with and contrasted to the at least equally true, and perhaps more likely,
may-be-DENIED-boarding caution.
This leads to recent query from
giopol:
giopol said:
I was wondering if you could enlighten me about the PRTD. When my wife and I activated our permanent resident status in September 2015, we only stayed a few days in Canada since we had to get back to Germany where we currently work (we're Italian citizens, by the way). For this reason, the immigration officer who processed our papers told us that we would've needed to apply for a PR card once we actually settled down in Canada. We then asked her whether we needed a PRTD to re-enter Canada in the future, but she said that it wasn't necessary.
However, following an e-mail from Immigration Canada reminding me that all permanent residents need a valid card or PRTD to re-enter Canada, I asked for feedback at the Canadian Embassy in Vienna (I first contacted the one in Rome, of course, but never got a reply), and they confirm that a PRTD is needed. Yet, while investigating further, I came across this forum, where there seems to be people who are new residents and still managed to re-enter Canada without PRTD... I am so confused!
Therefore, my question is: do we need this PRTD? Immigration officer says no, Canadian Embassy says yes... Who is right? Also, based on info provided in this forum, it seems that the embassy in Vienna processes PRTD applications in just a day: can anyone confirm this?
Finally, do you know for how long a PRTD is valid? My passport will expire in a year and I was wondering whether it would be convenient to just renew it now.
In response to what an immigration officer stated in 2015, as
Scylla observed,
scylla said:
ETA process wasn't in place yet when you spoke to the immigration officer.
In particular, that immigration officer's advice was probably based on how easy it was, before eTA, to board a flight to Canada for most Europeans who could present a visa-exempt passport. While the rule for PRs has not actually changed, enforcement of the rule (requiring a PR to present a valid status document, that being either a valid PR card or PR Travel Document) did not apply to many (probably most) PRs traveling with a visa-exempt passport
until November 10, 2016, when the eTA became functional and the IAPI system was more or less fully implemented.
As your experience,
Meganes, illustrates or at least suggests, the
"absolutely" part of
Scylla's further observations may not be so certain, that is, not
absolute.
scylla said:
Now that the ETA process is in place, yes, you absolutely need either valid PR cards or valid PRTDs to return to Canada. The exception to this is if you fly to the US instead and enter Canada via a US/Canada land border in a private vehicle using your COPR. However if you plan to fly directly to Canada, you need the PRTD.
This is where the continuing caution looms large. Despite essentially the same status, both new PRs (PRs less than five years) who have not been given a PR card (even more alike if you, like
giopol, carry a visa-exempt passport), there are at least two or three salient differences in the situation for
giopol which strongly suggest that
giopol will most likely (perhaps almost certainly, but not necessarily absolutely) need to obtain a PR Travel Document to board a flight to Canada.
These factors are
-- the length of time since the date of landing and becoming a PR
-- the length of time abroad since last time in Canada
-- it is
not a return flight on a trip originating in Canada
These are overlapping factors, all related to how
new PR status is, as in how recently the PR landed and was in Canada. Since we do not know the parameters of airline discretion, and we do not know the particular criteria the IAPI system employs in screening travelers, certain nuances could make the difference. For example, I do not know whether
Meganes' flight returning to Canada was specifically the return leg of a round-trip ticket or not. If yes, it is possible
Meganes was, in effect, cleared to take this flight before leaving Canada. If this was a tipping factor, obviously it is not applicable to
giopol's situation. In any case, I believe these differences in respective situations means that
giopol is far more likely to need a PR TD in order to board a flight to Canada.
Some Sources:
For those with further interests in this, or perhaps just curious, in addition to the particular statutory and regulatory provisions which I have cited in other posts many, many times, and linked rather often as well, here are some sources which offer further information about this subject:
For the applicable and recently completely updated Operational Manual, see ENF 15 "Obligatons of transporters," which can be accessed as a pdf reached by link at IRCC website for updates to Operational Bulletins and Operational Manual at http://www.cic.gc.ca/english/resources/manuals/rss.asp )
(Note: This source includes the statement:
"The CBSA maintains an advisory role, and the decision to deny boarding is the carrier's alone." This, in addition to other language like the use of
"may" in IRCC's cautions about being denied boarding, overtly indicate that the airlines retain discretion to allow boarding even if the traveler otherwise does not have advance clearance from CBSA, that is, that an airline may allow a traveler to board a flight even in the absence of a "board" response from the IAPI system.)
For the more recent version of the CBSA
Guide for Transporters, see http://www.cbsa-asfc.gc.ca/trans/guide-eng.html
For more specific information about the IAPI system, see
-- "Interactive Advance Passenger Information (IAPI)" at http://www.cbsa-asfc.gc.ca/btb-pdf/iapi-ipvi-eng.html
-- "Advance Passenger Information / Passenger Name Record Program" at http://www.cbsa-asfc.gc.ca/security-securite/api_ipv-eng.html
-- Memorandum D1-16-3 titled " Guidelines for the Access to, Use, and Disclosure of Advance Passenger Information (API) and Passenger Name Record (PNR) Data" at http://www.cbsa-asfc.gc.ca/publications/dm-md/d1/d1-16-3-eng.html
-- General information about Electronic Travel Authorization (eTA) can be accessed following links at http://www.cic.gc.ca/english/visit/eta.asp
Reminder: eTA is only a
part of what was fully implemented November 10, 2016. Its significance to PRs is mostly related to the fact that it was a necessary piece of the IAPI system, its implementation enabling CBSA to fully implement the IAPI system, which in turn simply makes practical the full enforcement of the rules governing PRs traveling to Canada, which had been the rules for many years, requiring PRs to present either a valid PR card or PR TD when boarding a flight to Canada.
Thus, prior to November 10, 2016, there was indeed, in effect, a
loophole for PRs with visa-exempt passports. Perhaps this was so accepted it became, essentially, the
de facto rule, not a loophole as much as an intentional
feature of the system (to borrow a programmer's coy rationalization commonly employed to positively spin the presence of a
bug in a program); after all, multiple airlines affirmatively informed prospective travelers that PRs with visa-exempt passports could fly to Canada based on their visa-exempt passport (see much older discussions about this).
Generally it is not important to characterize a particular anomaly or peculiarity, in how a system works, as a
loophole,
bug, or
feature, since how it actually works is far more important than how it is labeled. But in the context of the experience reported here, by
Meganes, it is way too early to reach any conclusions about how likely it is that others might have a similar experience in not needing a PR TD in order to return to Canada when traveling abroad
at least relatively soon after landing and returning to Canada on a return flight (or at least returning after a short duration abroad).
I fully agree with the caution posted by
Rob_TO, in the second paragraph of this post:
Rob_TO said:
So it seems that sometimes either CBSA does not cancel existing visas when one lands as a PR, or if they do the airlines have no way (or don't bother) to cross reference the visa number against an active database.
While newly landed PRs with no PR card can certainly try this route and may have success, I wouldn't be surprised if somehow this loophole is closed or enforced more diligently in the future.
However, as should be obvious from my observations above, my impression is that there was an overt, deliberate decision
prior to the boarding pass being issued to allow boarding the flight to Canada in the situation described by
Meganes, that this was
no loophole, that the system incorporates sufficient flexibility, including airline discretion, to facilitate this outcome.
The problem is that we do not know, beyond what common sense suggests are obvious factors, what specific criteria are employed, how they are employed, whether this instance was an airline specific decision or is the manifestation of more general policy in the instructions or guidelines (more specific than the Guide for Transporters I link above) provided by CBSA Liaison Officers who work directly with airline personnel, providing support to transporters relative to traveler and document screening.
As I previously posted, we know the airlines have some flexibility, that the decision to allow boarding or deny boarding is ultimately the airline's decision to make, and as I suggested more than a month ago,
" . . . if the airlines do allow some exceptions, my guess is that the recently landed PR with a CoPR, trying to board a return flight to Canada, probably has about as good a chance as any PR would."
See
dpenabill said:
. . . there is some possibility that an airlines will allow boarding despite the absence of clearance from CBSA, and despite not having the precise documents prescribed, which for PRs is either a valid PR card or a PR TD. . . .
. . . if the airlines do allow some exceptions, my guess is that the recently landed PR with a CoPR, trying to board a return flight to Canada, probably has about as good a chance as any PR would.
Overall / Summary:
Further anecdotal reporting may offer additional illumination about this, and in particular about the possibility that an airlines will allow boarding despite the absence of clearance from CBSA, and despite not having the precise documents prescribed for a PR returning to Canada.
Whether one describes the reported experience as a loophole or a discretionary exception, it is almost certainly a
narrow one and does not indicate there is much hope for PRs in other situations to be allowed boarding without a PR card or PR TD.
Moreover, despite this reported experience, new PRs and those who will become a new PR should be cautious and recognize that there is a high risk they will nonetheless need a valid PR card or obtain a PR TD to return to Canada from abroad (recognizing that for some, travel via the U.S. will still be an option). For example, no great power of prophesy is necessary to predict that in contrast to the experience reported here by
Meganes, that
giopol will most likely need a PR TD, or travel via the U.S., to return to Canada.
And, ultimately, even if there is currently fairly broad discretion being employed by the airlines, there is always the prospect, if not outright likelihood, that the scope of such discretion will be tightened going forward, in the not-so-distant future.
All this said, concluding observations:
All this said, the new PR who goes abroad before receiving a PR card should be, at worst, merely risking the inconvenience of having to apply for and obtain a PR TD before making the return trip to Canada. How inconvenient this is can depend a lot on where abroad the PR goes.
In the meantime, however, this is a common scenario, since many new PRs need to make the landing trip sooner than they are ready to fully settle in Canada, so it would not be surprising if IRCC and CBSA
deliberately incorporate some leeway in the system for this . . . be that policy or training instructions (between the CBSA Liaison Officers and airline personnel) outlining the airline's discretion to allow boarding for PRs with not just a PR visa but a passport in which the PR visa was recently used . . . or the IAPI system is programmed to send a "board" response when such passports are used (remember, while the IAPI system screens the traveler, its decision-making is dependent on authorization for the particular passport being used by that traveler). It is unlikely that CBSA or IRCC will publicly disclose specific information about this. But over time, there should be anecdotal reports giving the forum a better idea if there will be much leeway allowed new PRs, and if so, some sense about how much.
Otherwise, though, the primary caution remains: to return to Canada from abroad, a PR:
-- needs a valid PR card or a PR TD to board a flight to Canada, or
-- capacity to travel via the U.S. and cross the land border into Canada using private transportation
And the risk this will apply to a new PR remains substantial, perhaps high.