rae

Despite lots of searches on the Canadian passport sites, and the link to the US embassy in Ottawa, can't fathom this out. I could not see any threads concerning this recently for people travelling by air, where it seems there are different regulations.

So, has anyone recently entered the US by air, on a UK passport with Canadian PR? did you need any further documents, or was a machine readable passport, within the 6mth limit ok with the Visa Waiver Programme?

There is a line on the US site which refers to, 'unrestricted permanent residency in the UK' written in your passport apparently, i can't find it and this will make me ineligible?

not good, supposed to be going to new york in 4 weeks. any info appreciated.

cornmatthew

I've done it several times. Though I'm a Canadian citizen now, so probably won't again.

The phrase in the U.S. rules is probably 'unrestricted right of abode' or something very similar. That means that you have the right to live in the United Kingdom. If the personal details page of your passport says 'BRITISH CITIZEN' then you have nothing to worry about.

Strange though it may sound, there are some forms of British nationality that do not confer the right to live in the UK.

This is explained on your passport's Notes page if you look closely enough.

ETA: ESTA might be compulsory by the time you plan to travel. See http://cbp.gov/esta for details if you haven't already.

G77

If you're going in a month's time - you will need to file an ESTA, which comes into effect 12th Jan, this replaces the I94-W for air and sea borders (but not land).

rae

thanks to you both, i got the etsa thing too ta. on the notes page it says 'right of abode' and this is what i meant, on the US site it refers to the 'unrestricted' right and how this means you are ok, but with what i have written i would not qualify for visa waiver apparently, which i find odd as i was born in the uk.

anyway i think only a trip to canada house on monday will sort this, once and for all, which may make this thread redundant, i shall post an update, but it is nonetheless some piece of mind to hear people have travelled.

rae

could i ask how long ago you travelled and on producing the uk passport, were you asked for a PR card, or is it obvious in some other way?

G77

I go to the US every couple of weeks, and they only take a cursory glance at my British passport - as long as it's machine readable, they're happy with it.... I'm here on a work permit and they never even bother looking at that, never mind asking for a PR card (which I don't have, obviously). Your status in Canada is irrelevant as far as their concerned, you have a British passport and that's all they care about....

I think you're reading too much into it....

cornmatthew

Last time I was there on a British passport was a little over a year ago.

I don't remember the Americans ever showing an interest in my PR card. That said, I've never experienced the delights of an American secondary inspection. If they decide to take a closer look at you for whatever reason, any and all evidence that you're resident in Canada would be useful. Technically, if your return ticket terminates in Canada, you do need to be resident in Canada to qualify for a visa waiver.

cornmatthew

I missed this yesterday.

In Britain, the term 'right of abode' has a specific legal meaning and is unrestricted by definition. If you were subject to immigration restrictions, you'd have leave to remain or some other status.

I imagine the Americans throw the word 'unrestricted' in there because the term 'right of abode' might otherwise be interpreted in the plain English sense to include those with leave to remain.

rae

right thanks, and yes i probably am reading too much into it, but as about to spend c$3,000 on trip, wanted to double check, thanks, rae.

AdrianR

WARNING!

Danger Will Robinson!!

If you are a Brit living in Canada under PR, and on your own UK passport, it is entirely possible that the US-CBP will disallow your use of the 'Visa Waiver' programme as you are no longer a permanent resident of the UK. This means that you could well find yourself being asked for a B1/B2 visa to enter the USA.

My advice: smile nicely at the American border guard and don't p*ss him off!

cornmatthew

It's always 'entirely possible' that you'll be denied entry under the VWP; that's the nature of the beast. But it wouldn't be on the grounds that you're not permanently resident in the United Kingdom.

The VWP requirement is that you have the *right* to live in the UK. Any British citizen, anywhere in the world, can satisfy that. Don't confuse the right to live somewhere with actually living there.
Of course.

Maedros

I crossed the border to Buffalo around a week ago and found the process pretty stressful and humiliating. I was under the impression that European Union citizens (from countries included in the Visa Waiver Program - I'm Portuguese) were not required to be fingerprinted and photographed - let alone answer all kinds of ridiculous questions by some stupid Americans, who probably never left their damned small little towns ("So what do you want here? Why didn't you go somewhere else?"). So my EU passport and PR status in Canada didn't really grant me any privilege of any kind, and I was made to wait in a crowded room full of people from Asia or South America, probably living or passing through Canada and visiting Niagara Falls. The atmosphere was very tense in that room, and everybody felt like they were being treated as criminals. I could imagine those armed beasts starting shooting at us if something "suspicious" happened. By the time I was "released" by those creatures that, fortunately, we only see in the movies, I had no wish to see the "Land of the Free", so just drove to Buffalo and half an hour later was back to Canada - such a short trip also surprised the Canadian Immigration officers, who were also suscpicious, but I'll leave that story for another time. The "cowboys" glued some kind of green paper to my Passport, which I'm supposed to deliver within the next three months to their fellow "cowboys" near the border, or to Canadian immigration officers (in an airport, for example). If for some reason I don't do that, very likely, I'll be included in some "terrorist" list and be arrested or, who knows, shot by the "cowboys" for commiting some pretty serious crime at the first opportunity. Notice how the creatures have been instructed to say "Have a nice day, Sir", once they "release" their victims (heard it three times in a row when I left, so it can't be a coincidence). Had I known about this kind of procedure, its quite simple - wouldn't have gone in the first place.

AdrianR

Me too -which is why it was quite a shock in August to be denied entry to the USA (at the Mexican border in Texas) on the grounds that I didn't have the correct visa...but why would I have a visa if I am from a Visa Waiver Program country? Said the official, "I am denying your right to participate in that program on the grounds you are no longer permanently resident in a VWP country".

An ex-post facto denial...I was escorted off United States sovereign territory at gunpoint.

MB-Realtor

British Citizen, with PR, lived in Canada 10 years, go over the border 3/4 times a year, never had a problem.

JAJ

They can ask the same questions of Canadian citizens if they like.