[Quote/Extract from ENF4]
ENF4 (Port Of Entry Examinations)
5.3. Primary and secondary examinations
All persons seeking to enter Canada must appear for an examination to determine whether they have a right to enter Canada or may become authorized to enter and remain in Canada. The examination process at a port of entry may include a primary and a secondary examination. Primary examinations are completed by a BSO at PIL. In some remote ports, a Royal Canadian Mounted Police (RCMP) officer may complete the primary examination. Immigration Secondary examinations are conducted by a BSO at Immigration Secondary following a referral from a BSO at PIL.
7. Primary inspection line (PIL) examinations
The examination process usually commences upon the arrival of a person at a port of entry. This may be a land border, an airport, a marine harbour or any other place designated as a port of entry. BSOs at PIL are delegated the authority to conduct the initial immigration examination of persons seeking entry into Canada. BSOs at PIL administer legislation and programs by providing a wide range of inspection, examination and enforcement activities on behalf of many government departments and agencies.
7.4. Responsibilities of primary examining officers
BSOs conducting primary examinations are responsible for:
• questioning persons and reviewing documentation to determine whether persons have a right to enter Canada (Canadians, permanent residents and registered Indians) or are foreign nationals who may be authorized to enter Canada as temporary residents;
• determining whether or not persons seeking entry into Canada are persons seeking entry into Canada as permanent residents;
• authorizing persons to enter Canada and stamping passports when required;
• referring persons for a more detailed Immigration Secondary examination when appropriate,in accordance with the Immigration Secondary Referral List; and
• authorizing foreign nationals to leave Canada or directing them to return to the USA at ports where there are no BSOs present at the Immigration Secondary.
7.5. Primary examination questions
Primary examination questions are designed to elicit essential information about citizenship, residency, intention, employment, length of stay and identity as quickly as possible. Normally, the examining BSO at PIL begins by asking one or more of the six primary questions below. Under most circumstances, a BSO at PIL does not need to ask all questions of all travellers.
ISSUE......................QUESTION
1. Citizenship............What is your citizenship?
Rationale: By asking this question first, the BSO can identify persons who may enter Canada by right. It is rare that persons who have a right to enter Canada would be referred to Immigration Secondary.
If the person is not Canadian, this question enables the BSO to identify those persons who may require a passport or a visa to enter Canada. If the person has a machine-readable passport, the BSO does not necessarily have to ask about citizenship. A passport reader, however, is no substitute for a good verbal examination.
2. Residency.............Where do you reside?
Rationale: This question helps the BSO to determine the passport and visa requirements of foreign nationals. By determining residency, the BSO can eliminate from an Immigration Secondary examination those travellers who are permanent residents of Canada and who may enter Canada by right. If the person is a permanent resident, the BSO may ask the supplementary question: “How long have you been away?” The BSO at PIL must refer for Immigration Secondary examination all permanent residents who may not comply with the residency obligation of A28, which requires permanent residents to reside in Canada for at least 730 days out of every five- year period to maintain their status. The possible loss of permanent resident status under section A46 can be further explored at a secondary examination.
3. Intention...............What is the purpose of your trip to Canada?
Rationale: Once the BSO determines that the foreign national may not come into Canada by right, they must establish why the person is coming to Canada. By asking this question, they can identify the need for a referral to CBSA Immigration Secondary for control purposes (for example, to become a permanent resident, to work or study).
4. Employment..........Do you intend to take or seek employment while in Canada?
Rationale: If the BSO has not yet determined whether the person is coming to Canada to work, this question ensures that employment opportunities for Canadians are protected and that the person will comply with relevant employment regulations.
5. Length of stay........How long do you intend to stay in Canada?
Rationale: BSOs may allow persons to enter Canada for a stay of up to six months and should stamp the passport of persons who are otherwise admissible. Persons who are intending to remain in Canada for longer than six months should be referred for a secondary examination.
6. Identity................What is your name?
Rationale: If the BSO has any reason to doubt the person's identity, they will ask for the person's name. A comparison can then be made with the person's documents to determine if the name given is the same as the name in the document, or in the case of an aircraft passenger, the same as the one on the E 311 form.
The BSO at PIL may ask additional questions as warranted but usually does not conduct in-depth examinations. This would create line-ups and delays for the travelling public. A BSO at PIL who doubts the bona fides of a person or believes that a detailed examination may be in order should refer the person to an Immigration Secondary examination.
8. Secondary examinations
An Immigration Secondary examination is usually initiated by a referral from BSOs at PIL. It can also result from a referral from a BSO such as a Disembarkation and Roving Team (DART) member, who has boarded and inspected an airplane, a bus, train or ship before any of the passengers have presented themselves at PIL. An Immigration Secondary examination is usually conducted by a BSO in the Immigration Secondary area but may be conducted by a BSO at Customs Secondary if no BSO at Immigration Secondary is available at the port of entry.
8.3. Responsibilities of examining BSOs at Immigration Secondary
BSOs conducting Immigration Secondary examinations are responsible for facilitating the entry of Canadians, registered Indians and permanent residents as well as bona fide foreign nationals and for denying entry to persons who are inadmissible and/or likely to constitute a threat to the safety, security and good order of Canadian society.
Responsibilities of such officers include:
• examining persons seeking entry to Canada to determine admissibility;
• facilitating the entry of Canadians, permanent residents and registered Indians;
• authorizing foreign nationals to enter Canada as temporary or permanent residents and issuing documents where appropriate;
• receiving refugee claims and determining eligibility to make such claims;
• reporting persons who are inadmissible;
• reviewing inadmissibility reports;
• issuing removal orders, where appropriate, to inadmissible persons;
• referring cases to the Immigration Division, where appropriate, for an admissibility hearing;
• authorizing an inadmissible person to enter Canada on a permit;
• denying entry to inadmissible persons, arranging for their removal and confirming their departure;
• allowing persons who are inadmissible, to voluntarily withdraw their application; and
• arresting persons who have committed a serious infraction of the law.
[Unquote/ENF4]
[size=13pt]BOTTOMLINE:
Notwithstanding the foregoing, the fact remains that the POE interview/examination is done in a suave, soft & friendly manner. The attitude of the BSOs are to Welcome you into Canada - not to ware you off. Our intention should be to remain cool & calm, and answer the BSO in a polite/gentle manner... with a clear conscience & be truthful. The entire thing should be over in 20-30 minutes.
Hope that helped.
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