PR Status but Entered/exited Canada on Irish Passport-Red Flag for PRTD Request?

[BAR82]

My father is about to hand in a request for a Permanent Resident Travel Document- and I am anticipating a possible issue...

He became a permanent resident in 1983, and then left with his Canadian wife abroad (they have been together ever since- and now want to settle in Canada).

One time however (1993), they returned for a visit to Canada- and he entered in on his Irish passport. He entered in this date in the form when they ask "When were you last physically present in Canada?". So my fear is that they will see he entered in at that point as a foreign visitor and did not present a PR card...

Will this be a big Red Flag for the Visa Officer? Was that illegal? Can they refuse his PRTD (and thus essentially his PR), because of this entry/exit?

Much appreciated!
BAR82

 

[dpenabill]

My father is about to hand in a request for a Permanent Resident Travel Document- and I am anticipating a possible issue...

He became a permanent resident in 1983, and then left with his Canadian wife abroad (they have been together ever since- and now want to settle in Canada).

One time however (1993), they returned for a visit to Canada- and he entered in on his Irish passport. He entered in this date in the form when they ask "When were you last physically present in Canada?". So my fear is that they will see he entered in at that point as a foreign visitor and did not present a PR card...

Will this be a big Red Flag for the Visa Officer? Was that illegal? Can they refuse his PRTD (and thus essentially his PR), because of this entry/exit?

Much appreciated!
BAR82

Overall, short answer: very unlikely he did anything wrong at the time, and not at all likely this is an issue.

Longer observation:

While I cannot say I have any familiarity with what the declaration card or POE examination was like for someone in his position more than two decades ago, let alone with what actually happened for him at that time, in general the presentation of a valid Travel Document at the POE and then truthfully answering questions is what a traveler is required to do. Travelers do not need to make a legal assessment of their status and state their opinion as to that.

There is nothing inherently misleading in a PR presenting a valid Travel Document, such as a visa-exempt passport, and saying that the purpose of his trip is to visit (assuming, of course, he is telling the truth).

Note, in 1993 there was no PR card. So it is not as if he would have been expected to present a valid PR card.

My guess is that he does not know whether or not the POE examiner identified him as a PR or allowed him entry as a visitor. Does not really matter. If he was allowed entry as a visitor that was the POE examiner's mistake.

Sure, perhaps (though I think this is highly unlikely) he deliberately made false statements to induce the POE examiner to allow him entry as a visitor. But my guess is that is not what happened . . . much more likely, as I initially indicated, he truthfully stated the purpose of his trip, to visit, and the POE examiner either identified him as a PR, and allowed him entry as such, or mistakenly assumed he was a visitor and mistakenly allowed him entry as a visitor. No problem either way. Even if he did, for some strange and unnecessary reason, make misleading or outright false statements at the time (in 1993), not likely they were recorded or otherwise noted, not likely they surface now, not likely they would cause any problems.

Be sure he submits sufficient information and documentation to show: marriage (marriage certificate), spouse's citizenship (copy of Canadian passport or Canadian birth certificate), and cohabitation.

 

[BAR82]

Thanks dpenabill,

Yes you assumed correctly- he entered as a visitor and there was no hitch at the border nor was he asked if he was a PR of Canada. It was only this past week we understood that his PR status is probably still in place (we were looking at sponsorship). I was wondering whether inadvertently he had trip over a law.... Thanks for clearing that up!

 

[kateg]

One time however (1993), they returned for a visit to Canada- and he entered in on his Irish passport. He entered in this date in the form when they ask "When were you last physically present in Canada?". So my fear is that they will see he entered in at that point as a foreign visitor and did not present a PR card...

From CIC:

However, effective December 31, 2003, the card has been required for the re-entry of permanent residents into Canada after international travel when using any commercial transportation.

It wasn't a requirement at the time, and it wouldn't be a big deal even today.

It was only this past week we understood that his PR status is probably still in place (we were looking at sponsorship).

If he was accompanying a Canadian Citizen spouse, it almost certainly is still in place, barring criminality or other issues of inadmissibility.

Using the wrong passport is not a crime. Using a fake passport is.

 

[BAR82]

thank you- My father was granted his PR Travel permit- it took only about 9 business days to process!