Note, there is some
possibility that an airlines will allow boarding despite the absence of clearance from CBSA, and despite not having the precise documents prescribed, which for PRs is either a valid PR card or a PR TD.
I absolutely
DO NOT, repeat I
DO NOT suggest let alone recommend relying on this possibility. But push comes to shove, a PR abroad might still have a chance to persuade the airlines to allow them to board a flight without presenting a PR card or PR TD.
This may seem, to some, inconsistent with cautions I have expressed in the past, but this is about probabilities and possibilities, and as much as I cautioned PRs about the possibility (a "significant risk" I described it) of strict enforcement of the rules for PRs before eTA was fully implemented,
recently posted information by IRCC has revealed more about how the IAPI system works and the obligations of airlines. This information reveals that the airlines do, apparently, still have discretion to allow a traveler to board a flight notwithstanding the lack of boarding clearance from the IAPI system and failure to present the precise documents prescribed.
If I was a PR I certainly would
not rely on possibly persuading the airlines to allow boarding. But, if the airlines do allow some exceptions, my guess is that the recently landed PR with a CoPR, trying to board a
return flight to Canada, probably has about as good a chance as any PR would.
I go into more detail about this in another topic:
dpenabill said:
Possibility of Airline Exercising Some Flexibility?
This is an unknown.
Whether the protocols allow airlines some flexibility in the event of a "no-board" IAPI response is not clear. The many notices and cautions to PRs about the implementation of strict enforcement typically caution that PRs MAY be denied boarding if they do not present a valid PR card or PR TD, not that they necessarily will be denied boarding. This suggests some flexibility and perhaps an airline may allow boarding despite the lack of a proper TD if the traveler's documents otherwise persuade the airline that the traveler should be allowed to board the flight. Perhaps the presentation of the work visa and a CoPR and explanation about recently landing and not yet having a PR card will work. BUT there is NO guarantee this will work, and indeed there is NO information from IRCC that overtly suggests this will work. So it would be risky, the risk being that the traveler is indeed DENIED boarding.
The possibility of some flexibility is also indicated in the Operational Manual ENF 15 "Obligations of Transporters" (linked below), since it states that "The CBSA maintains an advisory role, and the decision to deny boarding is the carrier's alone." I cannot say whether this is merely to immunize CBSA from claims for the cost of flights or is intended to allow the airlines flexibility to allow boarding notwithstanding a "no board" IAPI system response.
IRCC information online has clarified IAPI system implementation.
It turns out that the IAPI system was not in use prior to November 10th, but rather it was essentially turned on at midnight November 10, 2016. (It was supposed to be implemented years ago.)
See, for example, section 7 in ENF 15 "Obligatons of transporters," a pdf of the Operational Manual which can be reached by link at IRCC website for updates to Operational Bulletins and Operational Manual at http://www.cic.gc.ca/english/resources/manuals/rss.asp
