My observations below are about requirements and practices for PRs boarding flights destined to arrive in Canada. What happens in POE screening is a separate discussion. At the POE, PRs are entitled to enter Canada if they establish identity and status, with proof of identity usually sufficing to establish status. Beyond that, whether there is additional customs or admissibility or criminality screening and issues is totally dependent on the specific individual; even citizens are subject to such screening. But again, what is involved at the POE is separate and distinct from the issue about boarding a flight, and I address only the latter.
canuck_in_uk said:
Seems AirCanada is not aware of this supposed rule:
http://www.aircanada.com/en/travelinfo/before/traveldoc.html#a-int
Only Canadian permanent residents from non visa-waiver countries travelling outside Canada are required to carry a valid Canadian permanent resident (PR) card or a valid visa, in addition to a valid passport, to return to Canada.
Also seems that CBSA isn't aware of this supposed rule, as they advise that visa-exempt travellers without PR cards can travel to Canada on the strength of their passports as if they were visitors and give such travellers no troubles on entry.
The very
same web page you link and quote also states:
Permanent resident (PR) cards
All Canadian permanent residents travelling outside Canada are required to carry a valid Canadian permanent resident (PR) card or a valid visa, in addition to a valid passport, to return to Canada by commercial carrier. The PR card provides proof of your immigration status. Without it, you will not be allowed to board the carrier back to Canada. Canadian citizens do not need a PR card.
Either way, however, both statements there refer to Air Canada's
practice, and as emphasized below, to the extent its practice has allowed PRs to board flights by presenting visa-exempt passport, it is highly likely this is about to change. At the least, CIC is overtly stating so, that
pursuant changes attendant implemention of the eTA process, "Starting March 15, 2016, if you are a permanent resident of Canada and a citizen of a visa-exempt country, you will need to travel with your Canadian permanent resident (PR) card or PR travel document when flying to Canada. Otherwise, you may not be able to board your flight to Canada."
General Observations:
As I have noted, to date airlines typically screen passengers boarding flights destined for Canada, requiring them to display a proper Travel Document which on its face authorizes entry into Canada. For this purpose, displaying the visa-exempt passport generally suffices, and many Canadian PRs have reported doing so without a problem.
But for Canadian PRs this is a matter of practice and does not strictly comply with the rules and regulations which prescribe that Canadian PRs are obligated to display either a valid PR card or a PR Travel Document.
The point of my previous posts is that
this practice is about to change, that sooner (probably March 2016) or later (but in the near future)
the rules will be more strictly applied.
And make no mistake, erroneous references to the contrary, common practices to the contrary, the rule is that to board a flight destined for Canada, PRs are obligated to show either a PR card or a PR Travel Document.
As to citing and quoting the primary source of the rule itself, that requires getting into cross-referenced IRPA and the Immigration and Refugee Protection Regulations, and gets complicated. For those interested, further down I will cite and link the applicable statutes and regulations. In the meantime, however, many government web pages state the rule quite clearly, albeit in an informal, informational format.
And, to be clear, these government sources uniformly and consistently state that the rule is simply that to board a flight destined for Canada, PRs are required to show either a PR card or a PR Travel Document.
CIC publicizing pending changes:
Multiple Canadian government sites, including multiple CIC web pages, display the following:
Canada’s entry requirements are changing
Starting March 15, 2016, you will need to travel with your Canadian permanent resident (PR) card or permanent resident travel document when flying to Canada. Otherwise, you may not be able to board your flight to Canada.
If you do not currently have a permanent resident card and are in Canada, find out how to apply for a permanent resident card.
If you are outside Canada and do not have a PR card or your card is expired, find out how to apply for a permanent resident travel document.
This includes, among others:
CIC page regarding what is needed to visit Canada as a tourist
and this page:
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=605&t=10
There are other government sites reiterating the rule, such as:
http://travel.gc.ca/travelling/documents/permanent-resident-card, where it states, regarding the PR card: "This wallet-sized plastic card is used by all permanent residents of Canada seeking to re-enter Canada on a commercial carrier (airplane, boat, train or bus). If you leave the country, you are expected to have this card when you return to Canada."
cempjwi said:
This is what gets me. As a visa-exempt citizen, a Canadian PR (whether the PR card is expired with or without a lapsed RO) enters Canada as a tourist, and by that action legally being conferred a particular immigration status in Canada, with a limited stay. A PR has a legal immigration status whether in Canada or outside Canada, or not? A non-PR visitor only acquires an immigration status as it enters Canada. However, PR's that enter Canada as tourist using their visa-exempt citizenship passports indeed are technically in Canada under two different immigration statuses. Should the visa-exempt citizen overstay under the tourist immigration status, there are no consequences enforceable because that citizen is a Canadian PR. If CBSA maintained a well documented track of exits instead of just entries, if the same citizen should leave Canada a year after he/she entered and attempted to re-enter Canada again with their visa-exempt citizenship passport, wouldn't that raise hell with the CBSA agent? I can only imagine the drama it unfolds.
Regardless of what travel documents the PR uses to board the flight or presents to the POE to obtain entry into Canada, a PR only has PR status. No other status is conferred. In particular, a PR is
not a Foreign National and temporary resident status (including visitor status as a tourist) can only be given to Foreign Nationals. This is why I said in my earlier post that a PR can only legally enter Canada with visitor status
after surrendering PR status.
Note, too, that purpose of travel and
status are different things. A PR living abroad may indeed
visit Canada, but that does not affect the PR's status, which remains that of a PR.
While historically many, many have skirted the rules by using a visa-exempt passport, or by traveling via the U.S. and arriving at a land crossing POE, the extent to which PRs in breach of the PR Residency Obligation will continue to get away with this is likely to be reduced substantially going forward.
My understanding of the "changes are coming" notices CIC is including on its information pages is that the eTA process will
not approve the visa-exempt passport of a PR. Not certain this is part of the plan immediately, but it appears it will be, and if not immediately, then soon.
It would be interesting for a PR with a visa-exempt passport to simply apply now for the eTA and report on what happens.
By the way, the extent to which CBSA and CIC are tracking the coming and going of PRs is definitely increasing. They may never rely on their tracking for things like citizenship applications or even PR card renewals, but they are definitely increasing the extent to which they compare the applicant's information with their records.
cempjwi said:
Btw, I am curious about this. Let's say a person with an expired PR card and an RO not met comes back to Canada on a visa-exempt passport to try reinstate their RO before they apply to renew their PR card. How can that person get a job with an expired PR card? I mean, don't you have to show your PR card to gain employment?
Some employers may request proof of status. Many will only require the SIN card.
Sometimes an expired PR card can be used for proof of status within Canada. For example, OHIP (the Ontario health care coverage) allows use of an expired PR card to show status (up to five years as I recall).
Addendum Re Applicable Statutes and Regulations:
(For those who are interested in the specific provisions of law (statutes and regulations) which specify the requirements for commercial carriers screening boarding passengers)
As noted, citing and quoting the primary source of the rule itself requires getting into cross-referenced provisions in IRPA and the Immigration and Refugee Protection Regulations. This gets a bit complicated. The essential primary authority, however, comes down to the following:
--
Section 148.(1)(a) in IRPA, which prohibits a commercial carrier from carrying anyone who does not hold a "prescribed document"
--
Section 259 of the Immigration and Refugee Protection Regulations, section 259.(a) and 259.(f) in particular, which list the PR card (259 (f)) and a PR Travel Document (259(a)) as prescribed documents.
--
NONE of the other "prescribed documents" (set out in 259 (b) through 259 (e)) are applicable to Canadian Permanent Residents.
For clarity, 259(c) references the
prescribed document (document to be presented for purposes of boarding a flight destined to Canada) we generally refer to as a
visa-exempt passport, by referencing
Section 52(1) of the Regulations, but this regulation explicitly applies to
"a foreign national seeking to become a temporary resident" and this does not include Canadian Permanent Residents.
To be clear, it is
Section 2.(1) IRPA which specifically states the following:
"'foreign national' means a person who is not a Canadian citizen or a permanent resident, and includes a stateless person." I quote this, again, to emphasize that the provisions which allow an airline to board passengers displaying a visa-exempt passport
limits this to foreign nationals . . . and PRs are NOT foreign nationals.
Which again is not to dispute what has been common practice. But it is to emphasize that what is allowed in practice can be changed (and is likely to change) without making any changes to the applicable rule, as the applicable rule already prescribes that PRs need to show a PR card or PR TD.
By the way, ENF 15:
Much of this is also outlined in the Operation Manual
ENF 15 Obligations of Transporters, which goes into additional aspects of the airline's obligations in screening passengers. Note, though, CIC has not been fully maintaining the operation manuals, and this particular one is many years out of date. It serves as a fair outline of what is involved, and citations to authority are still useful.