Questions about Applying for a travel document (permanent resident abroad)

[MWEdwards]

Thanks, ascouple and canuck_in_uk.

Having submitted my PR renewal application for urgent processing last week, today I received two e-mail letters from Permanent-Resident-Card address at CIC.

Most disappointingly, they said my application is being sent for secondary review, which will result in additional delay.

They also said that the photographs I submitted were unacceptable and that I must submit new ones. I am amazed by this because my photos were taken by a professional photography studio in central Toronto that churns out PR photos all day long, and they were the right size, clear, no smiling, nothing hiding my face etc. Argh.

The messages reiterated the need for either a valid PR card or a travel document:

"If you travel outside Canada without a Permanent Resident card (PR card), you must apply for a Travel document (permanent resident abroad) at a Canadian visa office before returning to Canada. The application is available on our website at (web address).

Please note that a PR card or travel document is required for all permanent residents returning to Canada on a commercial vehicle (plane, train, boat or bus)."

The official line is that if you travel by private vehicle such as a car and drive through a border crossing, you can pass through by presenting your landing documents (even without a PR card), but if you travel by commercial carrier (like a plane) you need either the PR card or travel document.

Unfortunately, I won't be returning by private vehicle, and I don't have landing papers. Only a soon-to-be expired PR card. For me, as for ascouple, the travel document route may not be feasible, depending on how long it takes to obtain one from the L.A. office (which I still have no information about).

But it sounds as if it may be OK for me to enter Canada simply on the strength of my valid U.S. passport. It's good to hear that this has worked for others. Hope it works for me, too; I would hate to face deportation at the airport.

 

[canuck_in_uk]

But it sounds as if it may be OK for me to enter Canada simply on the strength of my valid U.S. passport. It's good to hear that this has worked for others. Hope it works for me, too; I would hate to face deportation at the airport.

?

They cannot deport you. You are a PR and have the right of entry to Canada.

 

[MWEdwards]

?

They cannot deport you. You are a PR and have the right of entry to Canada.

I just meant that if they say that "a PR card or travel document is required for all permanent residents returning to Canada on a commercial vehicle," the implication is that if you don't have a PR card (a valid one) or travel document to prove your status as a PR, they may not let you in.

I understand that other visa-exempt travellers have been able to enter Canada with just their national passports, but every "official" message I have seen/heard suggests that it is not allowed, even if in practice (as some of you have noted here) it is allowed at least some of the time (and I am glad to know this).

 

[canuck_in_uk]

I just meant that if they say that "a PR card or travel document is required for all permanent residents returning to Canada on a commercial vehicle," the implication is that if you don't have a PR card (a valid one) or travel document to prove your status as a PR, they may not let you in.

I understand that other visa-exempt travellers have been able to enter Canada with just their national passports, but every "official" message I have seen/heard suggests that it is not allowed, even if in practice (as some of you have noted here) it is allowed at least some of the time (and I am glad to know this).

You are mixing up "returning to Canada", which is boarding the commercial carrier, and "entering Canada", which is clearing CBSA. These are 2 entirely different things.

The quoted statement refers only to boarding the commercial carrier in the other country and has nothing to do with actually entering Canada. A commercial carrier can most definitely refuse to board a PR that doesn't have a valid PR card, hence the advice to travel as a visitor. CBSA cannot refuse entry to a PR at the border.

Nowhere will you find it said that you must have a PR card to enter Canada because it is not required. If you are still unsure, do as ascouple did and call CBSA to confirm.

 

[MWEdwards]

You are mixing up "returning to Canada", which is boarding the commercial carrier, and "entering Canada", which is clearing CBSA. These are 2 entirely different things.

The quoted statement refers only to boarding the commercial carrier in the other country and has nothing to do with actually entering Canada. A commercial carrier can most definitely refuse to board a PR that doesn't have a valid PR card, hence the advice to travel as a visitor. CBSA cannot refuse entry to a PR at the border.

Nowhere will you find it said that you must have a PR card to enter Canada because it is not required. If you are still unsure, do as ascouple did and call CBSA to confirm.

Hi, canuck_in_uk,

I see. You are correct. That's a distinction I had not recognized before.

But the "official" advice says that you must present your PR card or PR landing documents when you enter Canada even by private vehicle (such as a car), and I assume this is because you still have to be able to prove your status as a PR.

My PR card will have expired and I do not have landing documents. This is why I am concerned. I need to prove to CBSA that I am a PR, whether I fly in or drive in (although I almost certainly won't be driving in).

I am thinking of bringing a copy of my entire PR renewal application with me when I travel to the U.S. so that I'll have it when I return to show to CBSA.

Sorry if I seem like an impossible worrywart.

 

[dpenabill]

I just meant that if they say that "a PR card or travel document is required for all permanent residents returning to Canada on a commercial vehicle," the implication is that if you don't have a PR card (a valid one) or travel document to prove your status as a PR, they may not let you in.

I understand that other visa-exempt travellers have been able to enter Canada with just their national passports, but every "official" message I have seen/heard suggests that it is not allowed, even if in practice (as some of you have noted here) it is allowed at least some of the time (and I am glad to know this).

Mainly: no need to worry if you have been living in Canada four of the last five years.

Even your passport alone is likely to suffice. Some individuals may encounter concerns about identity, but assuming there is nothing likely to trigger any concerns about your identity, your passport alone will pull up your Canadian FOSS records. They will readily see you have a PR card application pending. They may refer you to secondary and ask questions about where you have been living, working or such.

If you are nonetheless worried, in conjunction with the expired PR card it is better to have some pay slips, perhaps a copy of some recent CRA Notices of Assessment, perhaps something to show your address in Canada, your Canadian drivers license. That is, some documents reflecting you are living your life in Canada.

Odds are, though, no problems.

But the "official" advice says that you must present your PR card or PR landing documents when you enter Canada even by private vehicle (such as a car), and I assume this is because you still have to be able to prove your status as a PR.

Not sure what "official" source you are getting this from. Remember, CIC web pages are NOT an official source. They are informational, usually authoritative and reliable, but they are not official and they do not reflect many of the variables and nuances involved in real life.

IRPA, and the regulations adopted to implement it, are official. A PR cannot be denied entry (a PR posing a national security threat may be detained, but short of that, a PR must be allowed entry). Sure, identity can be challenged at the border. But if there is no reason to think your identity will be challenged, there really is no reason to worry.


I also was going to post the following -- similar to what was already noted:

There are specific rules governing commercial transportation providers, pursuant to which they are required to screen all passengers boarding a flight (boat, train, bus, or such) to be sure they have a Travel Document authorizing the passenger to enter Canada. For Canadian PRs, technically only a valid PR card or a specially issued PR Travel Document meets the requirements imposed on the airlines. Practically, though, those who present the carrier (airline or such) with a visa-exempt passport are usually (according to nearly all reports, which is however a small sample) allowed to board, as the visa-exempt passport is itself authorization to enter Canada.

Rules governing entry into Canada itself, at the POE, are different. A PR is actually entitled to enter Canada, so all a PR needs to do is establish his or her identity and status, and practically proof of identity will suffice because the system will confirm status (although a more involved secondary examination may be involved getting to that). A PR not in possession of a valid PR card is likely to encounter a secondary referral and a residency examination in secondary. If the PR has been living in Canada for most of the recent past, that should be relatively easy if not perfunctory.

In other words, if the PR gets to the POE, the PR gets in, not only will be but must be allowed to enter Canada. Although again the PR must establish identity, and that he or she is that person who has PR status . . . better to have the CoPR as a backup document if not in possession of a PR card, but an expired PR card works also. (With the caveat that the fact the PR card is expired is quite likely trigger a residency examination, which is no problem for someone living in Canada who was just abroad briefly and can readily, persuasively explain; but may be problematic, leading to an inadmissibility report if the POE officer concludes the PR Residency Obligation has been breached -- PR must still be allowed entry, even if a report is issued followed by a Removal Order, the Removal Order is not enforceable for at least thirty days, giving the PR time to appeal from within Canada.)

What gets the PR on a plane destined for Canada is often the tougher question for a PR abroad without a currently valid PR card . . . recognizing, again, that most reports indicate that airlines usually do not look beyond the presentation of a visa-exempt passport.

 

[neutral]

I just meant that if they say that "a PR card or travel document is required for all permanent residents returning to Canada on a commercial vehicle," the implication is that if you don't have a PR card (a valid one) or travel document to prove your status as a PR, they may not let you in.

I understand that other visa-exempt travellers have been able to enter Canada with just their national passports, but every "official" message I have seen/heard suggests that it is not allowed, even if in practice (as some of you have noted here) it is allowed at least some of the time (and I am glad to know this).

Look, of course what's advisable is to have a valid PR card to enter Canada, to avoid problems, delays, etc BUT it doesn't mean that if you don't have it you can't enter because that's false.

You said you're US citizen. According to any website you'll find, you're supposed to have a valid US passport, a driver license, birth certificate, etc in order to enter USA. But what happens if you don't have NOTHING? Are the officials going to deny you to enter YOUR country? No, they can't. After verifying your identity, you'd be let in even without having a single document.

So, one thing is what you SHOULD have with you and a different story is that if you don't have it you won't be allowed to enter what's not true.

 

[MWEdwards]

Mainly: no need to worry if you have been living in Canada four of the last five years.

OK, so according to what dpenabill says, I do need to worry, because I was out of Canada 1,026 days in the last five years. This is within the allowed limits, but only just.

I've been a doctoral student this entire time at a Canadian university, but I left the country to do research for my dissertation (and to work) for about 1.5 years, and I accompanied my partner (also a PR of Canada/US citizen) on a research leave the next year, also outside Canada.

I have transcripts from my time as a student (just graduated with the PhD in May 2015), and I have a letter from the CRA explaining that it deemed me a "factual resident" while I was outside of Canada, and I can produce CRA assessments. Also, I have a valid OHIP card and a valid DL. But I don't have any pay slips, because during my time as a graduate student the only kind of work I have done is freelance, for which pay slips are never issued.

I should clarify that I am not at all worried that an airline won't let me board the plane. I am worried about being delayed and interrogated by the CBSA--the residency examination you refer to. If they decide for any reason that I don't have PR status anymore and decide to issue an inadmissibility report, I'll be in trouble.

This may seem ridiculous, but I cannot remember ever having received a CoPR. Maybe I did and did not realize what it was, and tossed it out. Perhaps I had no idea at the time that anything other than the PR card was important. I know I can apply for a verification of status document to "replace" the CoPR, but it is not a true replacement, and it would be useless to me for this purpose since it is not valid for travel.

 

[dpenabill]

OK, so according to what dpenabill says, I do need to worry, because I was out of Canada 1,026 days in the last five years. This is within the allowed limits, but only just.

I've been a doctoral student this entire time at a Canadian university, but I left the country to do research for my dissertation (and to work) for about 1.5 years, and I accompanied my partner (also a PR of Canada/US citizen) on a research leave the next year, also outside Canada.

I have transcripts from my time as a student (just graduated with the PhD in May 2015), and I have a letter from the CRA explaining that it deemed me a "factual resident" while I was outside of Canada, and I can produce CRA assessments. Also, I have a valid OHIP card and a valid DL. But I don't have any pay slips, because during my time as a graduate student the only kind of work I have done is freelance, for which pay slips are never issued.

I should clarify that I am not at all worried that an airline won't let me board the plane. I am worried about being delayed and interrogated by the CBSA--the residency examination you refer to. If they decide for any reason that I don't have PR status anymore and decide to issue an inadmissibility report, I'll be in trouble.

This may seem ridiculous, but I cannot remember ever having received a CoPR. Maybe I did and did not realize what it was, and tossed it out. Perhaps I had no idea at the time that anything other than the PR card was important. I know I can apply for a verification of status document to "replace" the CoPR, but it is not a true replacement, and it would be useless to me for this purpose since it is not valid for travel.

Sorry about confusing your situation with another, regarding thinking you had indicated barely a year's absence in the last five.

That said, overall your situation does not seem problematic.

First, though, I referred to a situation which warrants essentially no worries (thinking you had been in Canada around four of the last five years), but that does not mean there is necessarily reason to worry if you have not lived in Canada for four out of the last five years.

You are a PR. That gets you in. You are in compliance with the PR Residency Obligation, that gets you in without a serious problem even if you are hard-questioned about meeting the PR RO.


It is easy to confuse the different aspects in which there can be a problem. There are three:

-- presenting TD authorizing entry into Canada for purposes of boarding commercial transportation destined for Canada; for you, NO problem

-- establishing your identity as a Permanent Resident of Canada at the POE upon arrival at the border or in airport; for you, presentation of your U.S. passport and the expired PR card should suffice, with worse case scenario a bit of an in-depth identity examination at the POE (not likely but possible), so good idea to have (in hand) some additional identity documents, like a Canadian drivers license and OHIP card . . . and indeed, these items should really make this part easy

-- potential questions about compliance with the PR Residency Obligation

It appears that the last of these is your main concern.

Regardless of how this aspect goes, as a PR you are nonetheless entitled to enter Canada. Even if the POE officer is totally convinced you have not spent anywhere near enough time in Canada to meet the PR RO, you must still be allowed to enter Canada.

So maybe you want to know what the worst case scenario is, in case the POE officer believes you are in total breach of the PR RO.

But, first, before getting to the worst case scenario, if you have a Canadian drivers license, a current Canadian address, and can present some documentation to show what your address in Canada is, and you simply, matter-of-factly explain (if asked . . . you may not even be examined all that closely) how much time you have spent in Canada (more than 730 days within preceding five years, thus in compliance with PR RO) plus (again, if asked) why you were outside Canada as much as you have been, the odds are good you will be waived into Canada without a problem.

Moreover, absences due to study abroad are a particular consideration for PRs. There is no guarantee, but generally absences for studying abroad are favourably treated. (Acknowledgement: I have seen some others here who appear to disagree with this, and again there is no guarantee.) So even if the POE officer is not fully convinced you have been in Canada 2+ years within the last five, the odds are still in your favour.

The key: if you otherwise fail to be convincing that you have been present 730+ days within the past five years, the key is whether or not it is apparent that you have been living in Canada, have a settled residence in Canada, and are otherwise someone who deserves to keep PR status.



Worst case scenario: residency examination, 44(1) Report & Removal Order

Assuming there is no serious problem establishing your identity (a rather safe assumption I'd venture), the worst case scenario is the PIL officer refers you to secondary and in secondary you are subject to what amounts to a residency examination, asked detailed questions relating to whether or not you have complied with the PR Residency Obligation, or if it appears you have not, if there are sufficient H&C reasons to essentially waive the breach. As noted, even if the officer in secondary concludes you did not meet the PR RO, if you have been living in Canada and you explain that the main reason for being abroad was related to educational programs for you and your partner, there are good odds of a waiver, no report, no problem.

If the officer in Secondary is totally unpersuaded, and takes the most severe course of action against you, here is what happens:

-- that officer prepares what is called a 44(1) Report of inadmissibility based on a breach of the PR RO
-- that report is immediately presented to a supervisor (technically a Minister's delegate) and that officer decides, based on the report and on your input (including H&C considerations) whether or not to issue a Removal Order, worst case being the Removal Order is then and there issued and delivered to you
-- you are then allowed to enter Canada (the Removal Order is not enforceable at that stage)
-- you will have 30 days to make an appeal, and if you appeal the Removal Order remains UNenforceable, at the least until there is a negative decision on the appeal
-- you get to prove your compliance with the PR RO in the appeal, or to make your H&C case in the alternative, and in the meantime you are still a PR

Frankly, that scenario does not seem likely. It really is the worst case scenario, not a likely case scenario.

Even if you make a relatively bad impression, unless the border officers totally disbelieve you (which is not likely unless there are real reasons to seriously doubt your story), the more likely bad case scenario is actually just a report sent to the local office of CIC regarding the entry, your responses to questions, and the officer's conclusions -- this is actually a referral not the official 44(1) report. The significant difference is that if the POE officer issues a 44(1) report, that report itself establishes the date for which the residency determination will be made and no time in Canada after that will count toward meeting the PR residency obligation. If there is just a referral to the local office, time you are in Canada will continue to count toward compliance.

If there is a 44(1) report, you will be given a copy. If there is a referral, you might not even be told that is happening. Some in this forum disagree a bit about the likelihood of a Removal Order being immediately issued. It is well apparent to me, however, that if a 44(1) Report is issued, pursuant to current practices a Removal Order will also be issued unless an appropriate superior is not available, including not available by telephone (so-called "hearing" with Minister's delegate can be telephonic).

All this is probably overkill. You say you are actually in compliance but cut it a bit close. A secondary review, and no urgent processing, was to be expected when you made the application for the PR card (here too, some disagree with me that an application for urgent processing increases the risk for non-routine processing of the PR card application for those who cut it close, but reports like yours rather consistently indicate the correlation). But as long as you can reasonably document your presence in Canada, it should all sort out OK.

The OHIP card, DL, and school records should all help. Something to show you have paid rent or own or such relative to an actual residence in Canada can be important (will be important, for example, if CIC does a formal residency determination in processing the PR card application even if you are waived into Canada at the border without a blink).

Deemed residency for CRA purposes is of minimal import. May help in terms of the deserving to keep PR status aspect, if it comes down to whether there are H&C grounds sufficient to waive a breach, but only actual presence will be counted toward meeting the PR RO itself (there are other exceptions, but none which appears to be relevant to you).

Be sure to have all documents you think you want available to show at the POE/border in your hands, in carry-on if you travel by air, within easy reach to pick up and carry with you as you go into secondary if you are traveling by car. Better to have a few key documents than a large quantity. Persuasive evidence is far more influential than quantity.

But again this is probably overkill. Just be prepared to tell the truth, and have some documentation to back it up (a sample of rental receipts would be very good, utility bills would be OK).

 

[MWEdwards]

The OHIP card, DL, and school records should all help. Something to show you have paid rent or own or such relative to an actual residence in Canada can be important (will be important, for example, if CIC does a formal residency determination in processing the PR card application even if you are waived into Canada at the border without a blink).

Deemed residency for CRA purposes is of minimal import. May help in terms of the deserving to keep PR status aspect, if it comes down to whether there are H&C grounds sufficient to waive a breach, but only actual presence will be counted toward meeting the PR RO itself (there are other exceptions, but none which appears to be relevant to you).

Be sure to have all documents you think you want available to show at the POE/border in your hands, in carry-on if you travel by air, within easy reach to pick up and carry with you as you go into secondary if you are traveling by car. Better to have a few key documents than a large quantity. Persuasive evidence is far more influential than quantity.

But again this is probably overkill. Just be prepared to tell the truth, and have some documentation to back it up (a sample of rental receipts would be very good, utility bills would be OK).

dpenabill, THANK YOU for this detailed exploration of various scenarios. I can't tell you how much I appreciate it.

My partner and I have actually been renting the same apartment the entire time since we both obtained PR status, in June 2010. But we don't have rent receipts or a lease--we've been paying month to month the whole time, simply by giving cheques to the owner and his wife. Utilities are included in the rent, so we also do not have any utility bills, unless possibly my partner has access to the ISP bills he has been paying (I will check). The owner actually died a few months ago, and his wife moved back to Europe, where she is from. The building was left to the owner's sons, and they are about to sell it, so we have to move. Maybe I can find a way to contact the wife and ask her to write me a letter verifying my/our tenancy over the past five years.

Something I forgot to mention last time is that I obtained my CBSA Travel History and included a copy of it with my PR card renewal application. It shows only entries, not exits, but I hope including this report will be in my favor. I had numerous entries over the past five years.

I will definitely gather as much documentation as I can and plan to have it in hand (in my carryon) when I fly into Canada.

Because I was in Canada enough days over the past five years, I was not required to fill out the PR card renewal application section in which I might have described accompanying my partner on his research leave. He works for a Canadian employer and was paid by that employer for this leave. So that might be in my favor except I wasn't asked to describe this because I wasn't outside Canada longer than is allowable in order to retain PR status.

OK, thanks again!

 

[lynn_ca]

Hi MWEdwards

so what have you decided to do? I also intend to leave Canada end of july and want to apply for PR renewal next week.
I was also told that from outside Canada I need a travel document to return in absence of a PR card.
anyway, I was thinking to apply for renewal and ask a friend to mail the new PR card to my home country when it arrives in case I don't get it in 4 weeks.

I don't know if its a wise idea to play like this.

How long is the wait for urgent processing now?

Thank you and good luck!

P.S. : How long are the pics for PR card valid? I have taken a set last year (april 2014). Are they still valid or I need to take new photos?

 

[MWEdwards]

Be sure to have all documents you think you want available to show at the POE/border in your hands, in carry-on if you travel by air, within easy reach to pick up and carry with you as you go into secondary if you are traveling by car. Better to have a few key documents than a large quantity. Persuasive evidence is far more influential than quantity.

But again this is probably overkill. Just be prepared to tell the truth, and have some documentation to back it up (a sample of rental receipts would be very good, utility bills would be OK).

dpenabill, I forgot to ask: Given all the documentation I may need to pass through the POE on the way back to Canada, would it be better to try to obtain the travel document from either the NYC or LA office? Any insight into whether that's a better option, and how long it might take to obtain such a document once I am in the US?

Thanks for your ongoing help.

 

[MWEdwards]

Hi MWEdwards

so what have you decided to do? I also intend to leave Canada end of july and want to apply for PR renewal next week.
I was also told that from outside Canada I need a travel document to return in absence of a PR card.
anyway, I was thinking to apply for renewal and ask a friend to mail the new PR card to my home country when it arrives in case I don't get it in 4 weeks.

I don't know if its a wise idea to play like this.

How long is the wait for urgent processing now?

Thank you and good luck!

P.S. : How long are the pics for PR card valid? I have taken a set last year (april 2014). Are they still valid or I need to take new photos?

Hi, lynn_ca,

I will probably do as dpenabill last recommended and bring with me to the US a copy of my PR card renewal application as well as any further supporting documents I can locate such as utility receipts, my OHIP card and DL, etc. Then on my way back to Canada I will have it in my carry-on, at the ready should I need it at the POE.

I'd still be interested to learn whether a travel document is a better or safer option. Not sure about that. Also, I don't know how long it takes to obtain a travel document.

Regarding urgent processing, they said at least three weeks, but most likely a bit more. I don't think I am going to get urgent processing myself since my application has been sent for "secondary review."

The problem with asking a friend to mail you the card is that in some cases you are required to appear personally to pick up the card and/or, I believe, for an interview if any parts of your application are in question. Then again, it might work out fine.

I think the photos are supposed to have been taken within the past 6 months.

Good luck to you, too!

 

[canuck_in_uk]

dpenabill, I forgot to ask: Given all the documentation I may need to pass through the POE on the way back to Canada, would it be better to try to obtain the travel document from either the NYC or LA office? Any insight into whether that's a better option, and how long it might take to obtain such a document once I am in the US?

Thanks for your ongoing help.

There is no point in applying for a PRTD. You still have to show proof that you meet the RO and I believe it takes at least a month in the US.

You are really overthinking this. Given that you will be on a return flight to Canada (i.e. your trip originated in Canada and you are now returning) and that you have already submitted a PR renewal app, you should have zero issues. CBSA rarely even questions the RO of PRs who have been out of Canada for years and are returning on a one way flight, hence why the majority who enter not meeting the RO do so without issue and keep their PR status. A PR such as yourself who is actually living in Canada and just went for a trip to their home country will most likely face no questions.

 

[dpenabill]

I too think you are overthinking this. U.S. passport, plus expired PR card, plus Canadian Drivers License, should suffice. As I previously indicated, if you are worried, a few (with emphasis really on just a few) supporting documents might be worth having in hand.

In contrast, perhaps a bulging portfolio of documents could invite more questions than settle concerns.

For you, if there are questions, the secondary officer will look into your FOSS records and it will show things like the PR card application in process, it will show their records of your entries into Canada, and frankly they are simply not likely to even question you all that closely let alone issue a report.



In general, not about your situation, but about PRs in breach of the PR residency obligation trying to return to Canada, particularly those clearly in breach, my sense is that the return to Canada is not nearly as easy as has been reported in the past, and the trend is toward increasingly strict enforcement of the PR RO, across the board including at the POE . . . but that is about those clearly in breach. In contrast, otherwise most reports still indicate CBSA officers are lenient if not generous toward those PRs who have ongoing residential ties in Canada and who have been in Canada recently.