crossing border without PR Card

[kateg]

Greetings, you said starting next year Travel Document is must? As my PR card will be expiring next year june and 730 days will complete in March 2016 (also including days while sent on oversea's assignment by Canadian Business as I am employed by Canadian Company)... so I have to get Travel document to enter Canada by road? or will be able to enter Canada by road using COPR as PR Renewal process can be lenghty...

The travel document requirement applies to commercial travel. If you drive from the US, then you don't need it.

When crossing by road, you don't technically need any documents. At all. Unfortunately, they won't let you pass until they are able to determine your status, which can mean quite a bit of hassle.

The CoPR is not a travel document, however, it is a document that can help them determine your status. With it and some other form of ID, travel by road is a fairly painless process. The issue with other forms of travel is not actually that the documents are required to enter Canada, rather, the issue is that the documents are required for the carrier to be permitted to transport you. If they bring someone without valid documentation, they run the risk of getting fined (as the government doesn't want to deal with it).

What has been happening is that people with passports from countries with Visa Waiver agreements come, but have issues. Maybe they are Permanent Residents who haven't met their obligations, or maybe they have criminal inadmissibility to Canada. The airline brings them, they get sent home, it's a waste of their money and CBSA time. That's why starting march an electronic authorization is required. This lets them check names for possible criminal history, ask you about your status, all that fun stuff before you get to Canada. If they aren't going to let you in, you find out before you get on a plane.

As a side effect of this, Permanent Residents will be unable to travel on the strength of their Visa Waiver passports (unless they are US citizens). Canadian Permanent Residents are ineligible for an ETA, so their only option (other than lying) is to get a PRTD or PR card. Applying for either of those can trigger a residency examination, and potentially result in loss of Permanent Resident status.

 

[katia23]

The travel document requirement applies to commercial travel. If you drive from the US, then you don't need it.

When crossing by road, you don't technically need any documents. At all. Unfortunately, they won't let you pass until they are able to determine your status, which can mean quite a bit of hassle.

The CoPR is not a travel document, however, it is a document that can help them determine your status. With it and some other form of ID, travel by road is a fairly painless process. The issue with other forms of travel is not actually that the documents are required to enter Canada, rather, the issue is that the documents are required for the carrier to be permitted to transport you. If they bring someone without valid documentation, they run the risk of getting fined (as the government doesn't want to deal with it).

What has been happening is that people with passports from countries with Visa Waiver agreements come, but have issues. Maybe they are Permanent Residents who haven't met their obligations, or maybe they have criminal inadmissibility to Canada. The airline brings them, they get sent home, it's a waste of their money and CBSA time. That's why starting march an electronic authorization is required. This lets them check names for possible criminal history, ask you about your status, all that fun stuff before you get to Canada. If they aren't going to let you in, you find out before you get on a plane.

As a side effect of this, Permanent Residents will be unable to travel on the strength of their Visa Waiver passports (unless they are US citizens). Canadian Permanent Residents are ineligible for an ETA, so their only option (other than lying) is to get a PRTD or PR card. Applying for either of those can trigger a residency examination, and potentially result in loss of Permanent Resident status.

I want to expose my case, because somehow it worries me as I am not going to be able to move immediately to Canada. I live in US because I study here and this will be my last semester. I got my passport requested last week for PRvisa and I will need to land before January 31st as that is when it will expire.

I will land by after a couple of days I need to come back to US (Buffalo, NY) where I study. I will give my husband canadian address for PR card. Should I wait for the PR card in US ( my husband will bring it to me) and then I can cross without problems. Is this illegal? Do I need to stay in Canada? I will be moving permanently to Canada in August. Should I avoid crossing back to Canada without the PR card as I could lose my PR status?
When i apply to the PR in my application I put all the information of my status in US and they know I have scholarship and I won't be able to move until then anyway, so I guess I should be fine or not? Do they (CIC) expect me to move immediately after I get PR status?


Thanks

 

[canuck_in_uk]

I will land by after a couple of days I need to come back to US (Buffalo, NY) where I study. I will give my husband canadian address for PR card. Should I wait for the PR card in US ( my husband will bring it to me) and then I can cross without problems. Is this illegal? Do I need to stay in Canada? I will be moving permanently to Canada in August. Should I avoid crossing back to Canada without the PR card as I could lose my PR status?
When i apply to the PR in my application I put all the information of my status in US and they know I have scholarship and I won't be able to move until then anyway, so I guess I should be fine or not? Do they (CIC) expect me to move immediately after I get PR status?

There is nothing illegal about having your PR card sent to your husband and him bringing it to you. No, you don't need to stay in Canada. No, you cannot lose your PR status if you cross the border without your PR card. It is very common for applicants to land and then return to their country to wrap up their affairs.

 

[katia23]

thanks canuck_in_uk

 

[Jerry1410]

Crossed the border today with no PR card.

If you cross at the land border and have an expired or no card, there is a very good chance you will get asked about your status. If you met the residency obligation, they will let you in. It may take them a little bit to figure that out, and anything you bring will help you.

Starting next year, if you don't have the card, you will have to apply for a travel document. If you meet the residency requirements, you will be fine.

I understand from the discussions here that from next year (meaning 2016) they are going to bring about some changes to this practice of crossing the border with an expired PR Card. Does anybody on this forum knows what the change will be and when it is likely to be implemented. I am planning to cross the border in March 2016. Will this affect me. What will happen to people who will be caught unaware of the changes. Please do write. Thank you.

 

[kateg]

I understand from the discussions here that from next year (meaning 2016) they are going to bring about some changes to this practice of crossing the border with an expired PR Card. Does anybody on this forum knows what the change will be and when it is likely to be implemented. I am planning to cross the border in March 2016. Will this affect me. What will happen to people who will be caught unaware of the changes. Please do write. Thank you.

Right now, there several classes of people that can come to Canada. Citizens and Permanent Residents have right of entry, some people have what's referred to as "visa waiver", and then there are individuals who require a visa. Whether you are considered visa-waiver or not is dependant upon the country that issued your passport.

Visas generally have to be applied for in advance, in order to give them time to verify the individual. Visa waiver countries are generally low risk countries with good compliance with immigrations and customs laws.

Canada doesn't like people arriving who are unable to enter the country. This is why they require commercial carriers to verify documents before boarding - it's easier to not get on the plane than to send someone back.

The new electronic authorization will make it easier for them to avoid problems. For example, someone with a criminal conviction can be denied before boarding. Before someone from a visa waiver country can travel, they have to enter their name and demographic information, and they can be screened before the flight, rather than at the border.

Permanent Residents, historically speaking, have been able to present their visa-waiver passport to commercial transport. Although PRs are required to use their card, the carrier had no way of knowing that the individual was a permanent resident, so they would treat the person as a visitor. This meant that many permanent residents were able to travel to Canada, despite having an expired card. Technically, they were required to get a PR travel document (or apply for a PR card) first, either of which would result in a review of their residency obligation.

Under the new system, Permanent Residents are ineligible for travel authorization. If you attempt to apply, they ask if you have ever applied to enter Canada before, which means they will find out if you are a Permanent Resident and deny you. Lying is potentially misrepresentation. You will then be required to apply for a Permanent Resident travel document or PR card, at which point they will examine your compliance with the Residency Obligation.

If you meet it, there is no issue - you get your document, or card, and everything is fine. The travel document can be obtained rather quickly. If you fail to meet the residency obligation, you may lose your status if you attempt to apply for a travel document, depending on how close you are to the obligation, humanitarian and compassion concerns, and the mood of the officer processing it.

If you meet the residency obligation, the new changes will not adversely affect you, except for potentially having to pay a fee for a travel document.