Urgent : A way to re-enter Canada by air with expired PR card

[Naheulbeuck]

If that's the case, so why is there such a difference between commercial vs non-commercial transportation docs requirements (non-expired PR card or PRTD vs.
any proof of identity and status, respectively) ?

The reason for the distinction is that commercial transportation companies will have to send the individual who cannot enter canada at their own cost.

Let's say you take a flight to Canada, have no visa, no eTA and no PR, the airline will have to send you back to where you come from at their cost. In order to prevent that, Canada put in place rules that the airlines follow in order to ensure that they do not have to face such costs. Therefore the rules to board planes and commercial transportations that cross the border are fairly straightforward and the documents accepted for travel are on a shorter list than what IRCC will accept to check your status.

For the rest of your post, you are wrong, no matter how you want to present it, there was no need/possibility for PRs to apply online for anything remotely close to eTAs.

For the post you refer to, you have been asked earlier to disclose your citizenship for that very reason. You refer to the exception to the rule. At this point, citizens of the US, a few french citizens and a couple of other exceptions exist to the eTA rule. If you are a US citizen, then this whole discussion would have been much shorter if you answered that question earlier.

If you are not a US citizen, then there is no point in arguing about the "technical possibility" of PRs to obtain documents similar to an eTA as the only thing that existed was and is the PRTD.

 

[canuck_in_uk]

If that's the case, so why is there such a difference between commercial vs non-commercial transportation docs requirements (non-expired PR card or PRTD vs.
any proof of identity and status, respectively) ?

Both fall under " PRs are entitled (by statute) to enter Canada "...


1. With a visa and eTA exempt US passport, most likely you can just fly back to Canada with that alone. Just don't mention to the airline upon checkin that you're a PR, or it could cause them to demand a valid PR card. Just fly by posing as a visa-exempt foreign national.

2. No, nobody will care one little bit about if you boarded the plane as a foreign national and not using your PR card. Thousands of PRs have traveled on visa-exempt passports alone, and I've never seen a case in history of anyone getting in trouble after the fact (assuming you meet the RO, which you do).

3. When it comes to entering Canada, the new eTA rules don't change anything. CBSA will not care about HOW you got to Canada. Once you present yourself to them at immigration, all they will care about is confirming your PR status and that you meet the residency obligation. It will be completely irrelevant to them that you boarded a plane with just your passport.

Understand that there is a very big difference between entering Canada and travelling to Canada. PRs have the right of entry to Canada but that in no way translates as the right to board a plane to Canada in a foreign country. As explained above, airlines must determine a person will be able to enter Canada before they board; if the airline boards someone without the proper entry documentation, they will be responsible for the financial cost of returning that person when refused entry.


As scylla said, you have misunderstood the posts you quoted by Rob_TO. Not one of them states that PRs could apply for eTAs and having discussed this issue myself on several threads with Rob_TO , I can safely say that he never said such a thing.

1. This post refers to Americans, who are eTA exempt and can fly to Canada using just their passport as long as they don't mention to the airline that they are a PR. They can then present themselves as a PR to CBSA when entering Canada.

2. This one refers to before the eTA was implemented, when visa-exempt PRs used just their passports to board the plane to Canada and then upon entry, presented themselves to CBSA as PRs.

3. This comes to that big distinction I mentioned above about entering Canada vs. travelling to Canada. CBSA doesn't care how a PR got to the point of entry; once there, they have the right to enter. That is all that post is stating, nothing about PRs being able to get eTAs.

 

[steaky]

For Vancouver area, Seattle, Washington is the place to fly to.

Also, Bellingham, WA!

 

[bornhunter]

Hi Guys. I have an urgent question. I just became PR 2 months ago but have to visit India for 3 weeks. I will be applying for a PRTD in India but how would I prove that I meet residency obligations since I became PR just 2 months ago.?
Please help

Thanks

 

[zardoz]

Hi Guys. I have an urgent question. I just became PR 2 months ago but have to visit India for 3 weeks. I will be applying for a PRTD in India but how would I prove that I meet residency obligations since I became PR just 2 months ago.?
Please help

Thanks

You can't fail to meet the residency obligation requirements if you landed less than 1094 days ago. You will have no problems.

 

[bornhunter]

So what documents should i submit while submitting my application for PRTD.?

You can't fail to meet the residency obligation requirements if you landed less than 1094 days ago. You will have no problems.

 

[dpenabill]

Hi Guys. I have an urgent question. I just became PR 2 months ago but have to visit India for 3 weeks. I will be applying for a PRTD in India but how would I prove that I meet residency obligations since I became PR just 2 months ago.?
Please help

Thanks

So what documents should i submit while submitting my application for PRTD.?

No need to overthink this.

Mostly follow the instructions:
see http://www.cic.gc.ca/english/information/applications/travel.asp and links to the Document Checklist (IMM 5627); the Application for a Permanent Resident Travel Document (IMM 5524); and the Instruction Guide (IMM 5529).

For a new PR, including any PR who makes the application for a PR Travel Document within three years of the date of landing (recognizing there are obvious risks for anyone who waits until the last weeks before arranging to return to Canada), there is no reason to worry about or overthink the PR Residency Obligation: as a matter of rule, someone who has been a PR less than three years is still able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date he or she became a permanent resident.

For the most part the instructions are relatively straightforward. Just answering all the items in the application will show, on its face, that you are in compliance with the PR RO . . . since just comparing the date of becoming a PR declared in item 8 in the application (and confirmed on the copy of the CoPR submitted) and the date of the application, shows that you have not been abroad anywhere near 1095 days as yet.

You probably should check off the box for item 8 in the Checklist, confirming you are enclosing two pieces of evidence that show your PR status; the copy of your CoPR and the passport you used when you landed should suffice (and these need to be submitted anyway), and the date of the application will confirm you meet the PR RO, but to be clear and sure you could add a page that states how long you have been a PR and that you will be settled in Canada in time to meet the PR RO by [date that is the fifth year anniversary of the day you landed and became a PR].

What you are doing is done fairly often and the visa office is probably accustomed to handling these PR TD applications. Again, no need to overthink this.

 

[bornhunter]

Thanks a lot buddy for this valuable information. Much appreciated.

No need to overthink this.

Mostly follow the instructions:
see http://www.cic.gc.ca/english/information/applications/travel.asp and links to the Document Checklist (IMM 5627); the Application for a Permanent Resident Travel Document (IMM 5524); and the Instruction Guide (IMM 5529).

For a new PR, including any PR who makes the application for a PR Travel Document within three years of the date of landing (recognizing there are obvious risks for anyone who waits until the last weeks before arranging to return to Canada), there is no reason to worry about or overthink the PR Residency Obligation: as a matter of rule, someone who has been a PR less than three years is still able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date he or she became a permanent resident.

For the most part the instructions are relatively straightforward. Just answering all the items in the application will show, on its face, that you are in compliance with the PR RO . . . since just comparing the date of becoming a PR declared in item 8 in the application (and confirmed on the copy of the CoPR submitted) and the date of the application, shows that you have not been abroad anywhere near 1095 days as yet.

You probably should check off the box for item 8 in the Checklist, confirming you are enclosing two pieces of evidence that show your PR status; the copy of your CoPR and the passport you used when you landed should suffice (and these need to be submitted anyway), and the date of the application will confirm you meet the PR RO, but to be clear and sure you could add a page that states how long you have been a PR and that you will be settled in Canada in time to meet the PR RO by [date that is the fifth year anniversary of the day you landed and became a PR].

What you are doing is done fairly often and the visa office is probably accustomed to handling these PR TD applications. Again, no need to overthink this.

 

[moonlight86]

Hi guys, I appreciate your help please. I wanted to know what is the best way to go back to Canada from US with a US passport and with a PR close to expire and have not met residency obligations. If I only show my US passport to CBSA officer, is there any chance he would know I'm PR? Can I risk it or he could get mad if I don't show my PR first to see what he says?? I did not use a US passport to receive my PR before so I was hoping I could get in undetectable...Is it better to enter via land or busy airport?

 

[spyfy]

Hi guys, I appreciate your help please. I wanted to know what is the best way to go back to Canada from US with a US passport and with a PR close to expire and have not met residency obligations. If I only show my US passport to CBSA officer, is there any chance he would know I'm PR? Can I risk it or he could get mad if I don't show my PR first to see what he says?? I did not use a US passport to receive my PR before so I was hoping I could get in undetectable...Is it better to enter via land or busy airport?

If you are looking into getting advice on how to intentionally misrepresent yourself and cheat the border officer/how to trick yourself through the border, this is the wrong forum.

Intentionally omitting facts or "tweaking" the truth is illegal and if you are caught might have serious consequences up to being banned from entering Canada for five years. If that's a risk you want to take, go ahead. But don't think we will help you with it.

The border officer will ask you why you are coming to Canada. There is only one thing you should tell him. It's called the truth.

 

[rish888]

Hi guys, I appreciate your help please. I wanted to know what is the best way to go back to Canada from US with a US passport and with a PR close to expire and have not met residency obligations. If I only show my US passport to CBSA officer, is there any chance he would know I'm PR? Can I risk it or he could get mad if I don't show my PR first to see what he says?? I did not use a US passport to receive my PR before so I was hoping I could get in undetectable...Is it better to enter via land or busy airport?

Unless your U.S. passport has a different name, different date of birth, different gender, or any difference except the coat of arms that appears on the front cover, CBSA will know you are a PR. They are not idiots. Misrepresentation, especially when you are in RO violation, is not wise.

I'm guessing you have a valid PR card. Try using automated processing at the airport and keep your fingers crossed. Don't pose as a foreign national when you are not one. The officer getting mad is the least of your worries. What would concern me is getting charged with misrepresentation, getting issued a departure order, losing my PR and getting kicked out of the country.

 

[rish888]

Another thing you can do to help your chances is avoid Quebec and try to arrive during a busy time of day. While there is nothing illegal in trying to maximize your chances, lying about immigration status most certainly is.

 

[moonlight86]

If you are looking into getting advice on how to intentionally misrepresent yourself and cheat the border officer/how to trick yourself through the border, this is the wrong forum.

Intentionally omitting facts or "tweaking" the truth is illegal and if you are caught might have serious consequences up to being banned from entering Canada for five years. If that's a risk you want to take, go ahead. But don't think we will help you with it.

The border officer will ask you why you are coming to Canada. There is only one thing you should tell him. It's called the truth.

No I am not trying to misrepresent myself!! I'm simply asking in case I give the officer my new passport which is different from the one I used to get my PR, is he going to ask for PR? I do not know if I have to present my PR or not since I am visa exempt. I'm trying to weigh my options to see what the best way is for going back and not getting into trouble but I never said tweaking the truth please don't judge people based on your personal guess!

 

[moonlight86]

Another thing you can do to help your chances is avoid Quebec and try to arrive during a busy time of day. While there is nothing illegal in trying to maximize your chances, lying about immigration status most certainly is.

Thank you for your help. Yes I know Quebec is more strict. In case that officer ever asks I will tell the truth and I will explain my H&C reason. But in order to avoid this situation, using automated machines at Toronto airport is another option but I do not know if there is any check after using those machine or not.

 

[Rob_TO]

Thank you for your help. Yes I know Quebec is more strict. In case that officer ever asks I will tell the truth and I will explain my H&C reason. But in order to avoid this situation, using automated machines at Toronto airport is another option but I do not know if there is any check after using those machine or not.

Yes after using the automated kiosk, it prints out a declaration summary which you then need to show to a real CBSA officer and at which time they may ask you some additional questions.

Also this is a copy of the declaration card you will fill out: http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/e311-eng.pdf
As a PR, you need to fill in Part C - Residents of Canada. This will make it apparent to both the automated kiosk and CBSA agent, that you're a PR.

If you instead filled in Part B - Visitors to Canada, then that would be a form of misrepresentation since you're not a visitor, you're a PR.