PR denied at port of entry

[MissRepresentation]

I need to know where I can e-mail this letter to get a answer.

If you're still in the US, can you not email it to the nearest Canadian consulate? I'd also file a formal complaint with CBSA. Here's the link http://www.cbsa-asfc.gc.ca/contact/feedback-retroaction-eng.html

And I know a couple of journalists who would LOVE to report on this story.

 

[angel.nancy]

If you're still in the US, can you not email it to the nearest Canadian consulate? I'd also file a formal complaint with CBSA. Here's the link

And I know a couple of journalists who would LOVE to report on this story.

Thank You .....I dont know about the story but if i can get this situation sorted right now is more than enough. It is a jeapordy situation for us as we never wanted to do anything wrong with the system.

 

[screech339]

I can't say much about your situation and it is unfortunate for you. I must say that despite your husband having a COPR and Passport at the CBSA, if the agent has any reason to believe that your husband is not intending to reside in Canada, the CBSA agent does have the authority to deny it. This is the only reason I can come up with for cause for abrupt suspension of PR status. So unless your husband has mentioned anything at the border about returning to US after granting PR status for continual work or study completion, it can be grounds for denial on account of not showing actual intention to move permanently to Canada.

I am sure there are cases of people returning to their native countries after landing as PR and staying out for another 3 years (or longer if living with Canadian spouse). That is not the intention of granting PRs. It shows to CBSA /CIC that these people are only getting PR for convenience's sake and move to Canada whenever they feel like it. When one of the spouse is Canadian, PR status is maintained while abroad as long as PR is living with Canadian. They can't have it both ways.

Screech339

 

[BChome]

From my understanding with dealing with the London office, a COPR does NOT guarantee acceptance at a port of entry. This is clearly stated on their website, and procedure they suggest if that a 'Travel Document' is required to guarantee entry.
It costs $50 and in London has about a 7 day turn around. To obtain the Travel Document, you have to submit your COPR to them, with various other bits of repeated information.
The whole process seems ludicrous to me, how stupid for COPR not to prove PR?! In which case COPR is a very misleading title!
I hope this helps, and Good Luck!

 

[Rob_TO]

As per the latest CBSA operating manual, landing officers can only deny entry if, and I quote, "they have reasonable grounds to suspect that the person is inadmissible on grounds of security or for violating human and international rights" (ENF 4, page 17). Under section 11.3 of the same manual it is stated that IF the person claiming PR status lacks documentation, the officer must cross check with the FOSS system and that once status is established, the person "should be allowed to enter Canada without delay". There's NOTHING about the Canadian partner needing to be present upon landing.

No there is no rule at all about the Canadian sponsor being present. The issue here is intent to reside in Canada after getting PR status.

I know for a fact that there are other reasons CBSA officers can deny a person landing as a PR which is why they ask everyone at landing if any situation has changed. i.e. in case of relationship breakdown with sponsor before the person lands, the CBSA officer would be justified in denying a spousal class applicant at their landing interview.

So as I mentioned, it sounds like the officer took it upon themselves to enforce the "intent to reside in Canada" criteria for PR approval. I've never heard of this happening before, but technically the officer may have been within their rights if the applicant clearly said they had no intent to reside in Canada right away.
During outland processing, CIC quite often unreasonably expects all applicants to drop what they're doing and have plans to settle in Canada immediately after being approved, and we've seen cases rejected where the applicant/sponsor has mentioned to the visa officers that they need to finish school/work commitments first.

 

[BChome]

The Travel Document application form is IMM 5524

 

[Rob_TO]

From my understanding with dealing with the London office, a COPR does NOT guarantee acceptance at a port of entry. This is clearly stated on their website, and procedure they suggest if that a 'Travel Document' is required to guarantee entry.
It costs $50 and in London has about a 7 day turn around. To obtain the Travel Document, you have to submit your COPR to them, with various other bits of repeated information.
The whole process seems ludicrous to me, how stupid for COPR not to prove PR?! In which case COPR is a very misleading title!
I hope this helps, and Good Luck!

A travel document is not required for a PR landing, nor does a travel document (or any visa) guarantee you entry into Canada. A travel document is something one would get after becoming a PR, but needing to travel before they have their PR card.

Whether the person in this case had a travel document or not, would not have changed anything.

 

[Ponga]

The Travel Document application form is IMM 5524

A Travel Document (at least IMM 5529) is used to satisfy a commercial carrier, to let a permanent resident that has not yet received their PR card to travel:

This application is for permanent residents outside Canada who do not have a valid permanent resident card to return to Canada. Travel documents are issued to permanent residents abroad to provide proof to a transportation company that the holder is entitled to re-enter Canada as a permanent resident.

 

[zardoz]

As per the latest CBSA operating manual, landing officers can only deny entry if, and I quote, "they have reasonable grounds to suspect that the person is inadmissible on grounds of security or for violating human and international rights" (ENF 4, page 17). Under section 11.3 of the same manual it is stated that IF the person claiming PR status lacks documentation, the officer must cross check with the FOSS system and that once status is established, the person "should be allowed to enter Canada without delay". There's NOTHING about the Canadian partner needing to be present upon landing.

I'm not saying the officer denied entry to your husband just to be an ass, maybe he was 'just' incompetent or misunderstood something. You should definitely pursue this.

I think that you will find those clauses only apply AFTER the applicant has landed and been granted PR status, not during the landing process. My take on this is that the CBSA officer was of the opinion that the sponsor conditions were no longer being complied with. Nothing to do with the applicant admissibility.

 

[MissRepresentation]

I think that you will find those clauses only apply AFTER the applicant has landed and been granted PR status, not during the landing process.

Not sure about that. I happen to be hosting an acquaintance whose husband is a CBSA agent at an airport in BC. He said that the protocols for admission are different for established PRs and for those who are landing for the 1st time, but the protocols for refusing entry remain the same (ie. criminality). In his view, the fact that the applicant wanted to go back to wherever to finish his studies is not good enough reason to deny entry. What he said is that there was probably some major misunderstanding between the officer and the applicant.

 

[novembre2013]

No since we applied for PR the immigration knows he is working in US right now, the only that changed is during this time I decided to do my masters and didn't accompany him when he landed. however before i can ask my lawyer about it or report this to immigration on the other side we got his PR paper work with approval to land in Canada before October.

angel.nancy, when you apply you can live outside canada but once your husband wants to land in canada, you must move back in canda with him; or at least show your intend in a near future. Since you are in usa studying and you did not go with him in canada when he decided to land, it was a kind of proof for the immigration officer that you don't have any plan of living in canada now.

 

[zardoz]

Not sure about that. I happen to be hosting an acquaintance whose husband is a CBSA agent at an airport in BC. He said that the protocols for admission are different for established PRs and for those who are landing for the 1st time, but the protocols for refusing entry remain the same (ie. criminality). In his view, the fact that the applicant wanted to go back to wherever to finish his studies is not good enough reason to deny entry. What he said is that there was probably some major misunderstanding between the officer and the applicant.

You quoted from Section 11. This is clearly titled "11. Examining permanent residents at ports of entry" and is not applicable to foreign nationals. For the rules related to foreign nationals undergoing "landing", read Section 12, titled "12. Examining foreign nationals seeking to become permanent residents at ports of entry ".
It's very clear from the first post in this thread that Section 12 was in operation at this time, not Section 11.

 

[pie_vancouver]

I am confused... What was the reason for denial? Did he even ask the officer?

 

[angel.nancy]

I see the point where officer might have felt like we do not want to move back to Canada in immediate future, but we clarifies it twice once when they asked my husband and he clearly mentioned
1) He only has a H1B (work permit) in USA that do not give him rights to permanently stay in USA.
2) The officer called me and I had no clue this will be coming our way and I had mentioned to him that since we did not have enough time (only gave from May 14th, 2014 to October, 17th 2014) to plan our move back to Canada. As I had already started the process of applying for my Masters and since I was doing that on F1, that also takes a lot of effort and time. I expressed myself saying that I understand we have to move back and since I am in the middle of the semester, I cannot do much about it but if it is absolutely required I am willing to talk to my school and change my program on-line starting next semester and also find other routes such transferring my credits to a Canadian University. Anyways since the damage is done now.....I want to move ahead think what can be done in this situation.

We have wrote letters to Immigration consulates here in US and Ottawa. Another great thing about Canadian Immigration is that they are not going to expedite the case hearing and still we don't have a date of the hearing. Lucky, now they are telling him we will let you leave the country and come back for the hearing but before that no other option was given to him. Basically, wait in Canada without his passport or any legal status until we get a case hearing. How do they expect a person to survive like this, we are lucky we have family and friends there.

Even during case process, we had submitted everything all together but still since their process was delayed by the time they got to our file we had to get our medical and US FBI clearance again.

Sorry I am just venting out, but If he doesn't get his work permit from US consulate.....They will ask him to leave the country.

 

[angel.nancy]

I am confused... What was the reason for denial? Did he even ask the officer?

Reason given was if it is going to take long for you to move back, he doesn't find it a good enough reason, if we wanted to wait until my Masters is done, though I mentioned and even my husband mentioned to him that however if that is problem I'll starting next semester will do it either online or transfer my credits to a Canadian university if absolutely needed.