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After landing no travel allowed !?!

After landing no travel allowed !?!

Old Jul 11th 2007, 3:59 pm
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Default After landing no travel allowed !?!

Case: Skilled Worker application
Status: resident in Canada since March 2004 on work permit

"Landed" by car at 9:38PM tonight by crossing over at Rainbow Bridge/Niagara Falls. 45min, no gimmicks. Officer asked the question of funds, I showed my work permit! Done

He advised me that the IMM5292 in my passport is NOT a travel document. I asked because of upcoming business travel. He further specified by saying "not on a commercial carrier out of Canada". I asked why: to prevent certain nationalities (nope, not the English this time) from applying for PR because of the better (Canadian) healthcare system and then going straight back home. You are allowed to cross the order by car and fly out of e.g. Detroit or Buffalo. As soon as you have your PR card, you're fine, no more restrictions.

So, all you Expats flying out to land and straight back home after a weeks holiday, you could get in trouble. I asked what would happen to those guys and he said (jokingly?) " we track 'em down and take away their PR cards for violation of the applicable rules and regulations".

I don't know whether he was joking. In any case, you have to apply for a " Travel Document (Permanent Resident Abroad)" to get back into Canada: http://www.cic.gc.ca/english/informa...ons/travel.asp
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Old Jul 11th 2007, 4:21 pm
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Default Re: After landing no travel allowed !?!

Originally Posted by stephenbottcher
Case: Skilled Worker application
Status: resident in Canada since March 2004 on work permit

"Landed" by car at 9:38PM tonight by crossing over at Rainbow Bridge/Niagara Falls. 45min, no gimmicks. Officer asked the question of funds, I showed my work permit! Done

He advised me that the IMM5292 in my passport is NOT a travel document. I asked because of upcoming business travel. He further specified by saying "not on a commercial carrier out of Canada". I asked why: to prevent certain nationalities (nope, not the English this time) from applying for PR because of the better (Canadian) healthcare system and then going straight back home. You are allowed to cross the order by car and fly out of e.g. Detroit or Buffalo. As soon as you have your PR card, you're fine, no more restrictions.

So, all you Expats flying out to land and straight back home after a weeks holiday, you could get in trouble. I asked what would happen to those guys and he said (jokingly?) " we track 'em down and take away their PR cards for violation of the applicable rules and regulations".

I don't know whether he was joking. In any case, you have to apply for a " Travel Document (Permanent Resident Abroad)" to get back into Canada: http://www.cic.gc.ca/english/informa...ons/travel.asp
You can re-enter Canada using your British citizen passport plus other proof of your permanent resident status. A PR Card is not legally mandatory at port of entry.

Jokingly or not, what the officer told you was completely wrong (ie, illegal).

Some airlines - but not all - may not like you travelling on a one-way ticket.

It has been discussed many, many times on this forum.

Don't try to fly into the U.S. on the visa waiver scheme on a one-way ticket because it's not allowed (it's ok if you have a U.S. tourist visa).
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Old Jul 12th 2007, 2:16 am
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Default Re: After landing no travel allowed !?!

JAJ,

Just for argument's sake (I don't really care): you don't have any other proof of permanent residence other than a void IM-1 (because you've landed) in your passport and a IMM5296 that says "not a travel document" and doesn't allow re-entry! So, if you come in on your British passport you come in on a 6-month visa and then explain it later. Or the Immigration Officer is going to grill you why you left the country on a commercial carrier with no documents allowing re-entry. I am just fantasizing here, maybe people can chime that did exactly that: land, return to their home country and coming back later without the REAL PR card because that is sitting at the Canadian address that is on their paperwork.

I was just issuing a cautionary note and report an experience. Whatever people do with that information is none of my business. I will certainly follow the advice of an Immigration Official as it did make some sense to me rather than taking my chances.

On a side note: I would also not use words like "completely wrong" and "illegal" unless I was an Immigration specialist and knew every single Canadian Immigration Act there is. I did my immigration in DIY fashion and know my way round. That's all.

Last edited by stephenbottcher; Jul 12th 2007 at 2:22 am.
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Old Jul 12th 2007, 10:34 am
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Default Re: After landing no travel allowed !?!

Originally Posted by stephenbottcher
JAJ,

Just for argument's sake (I don't really care): you don't have any other proof of permanent residence other than a void IM-1 (because you've landed) in your passport and a IMM5296 that says "not a travel document" and doesn't allow re-entry! So, if you come in on your British passport you come in on a 6-month visa and then explain it later. Or the Immigration Officer is going to grill you why you left the country on a commercial carrier with no documents allowing re-entry. I am just fantasizing here, maybe people can chime that did exactly that: land, return to their home country and coming back later without the REAL PR card because that is sitting at the Canadian address that is on their paperwork.

I was just issuing a cautionary note and report an experience. Whatever people do with that information is none of my business. I will certainly follow the advice of an Immigration Official as it did make some sense to me rather than taking my chances.

On a side note: I would also not use words like "completely wrong" and "illegal" unless I was an Immigration specialist and knew every single Canadian Immigration Act there is. I did my immigration in DIY fashion and know my way round. That's all.
We were told the same thing when landing, but I had a business trip to the US about a week later. They told me to drive across the border and take a flight from Bellingham, as I couldn't cross the border in a commercial carrier. I didn't bother, just flew from Vancouver with no PR card - didn't have any problems. On re-entry to Canada just had to wait for 5 mins whilst they confirmed my PR status.

I think the only problem you'll run into is if the airline refuse to let you on the flight when returning to Canada. But I can't really see them doing that...
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Old Jul 12th 2007, 12:17 pm
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Default Re: After landing no travel allowed !?!

Originally Posted by stephenbottcher
JAJ,

Just for argument's sake (I don't really care): you don't have any other proof of permanent residence other than a void IM-1 (because you've landed) in your passport and a IMM5296 that says "not a travel document" and doesn't allow re-entry! So, if you come in on your British passport you come in on a 6-month visa and then explain it later.
Your passport is the travel document. Your IMM5296 or whatever just helps them look up the details in their system. It's all there for them.

No different to arriving over the land frontier without a PR Card.


Or the Immigration Officer is going to grill you why you left the country on a commercial carrier with no documents allowing re-entry.
They might but you have not broken any laws.

I was just issuing a cautionary note and report an experience. Whatever people do with that information is none of my business. I will certainly follow the advice of an Immigration Official as it did make some sense to me rather than taking my chances.
Sure, your choice. Either miss out on a trip you might otherwise have planned, or waste time and money getting a travel document you don't need.

On a side note: I would also not use words like "completely wrong" and "illegal" unless I was an Immigration specialist and knew every single Canadian Immigration Act there is.
You obviously don't have much experience dealing with public authorities.

People assume that Immigration Officers - or other public servants, for that matter - know the rules they are supposed to apply. Often they don't. And some of those who do know choose to ignore them and go on a "power trip".

However the law mandates that a permanent resident arriving at a Canadian port of entry be admitted. This is not conditional on presenting a PR Card.

PR Card is just for the use of commercial transporters, but visa-free passports are just as useful.
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Old Jul 12th 2007, 12:45 pm
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Default Re: After landing no travel allowed !?!

Remembering always that those who are citizens of visitor visa exempt countries can travel as discussed in above postings, but the unlucky others could and would likely would be denied boarding if they tried to return to Canada by air carrier without their PR card. Those who can get to the border are able to show their status in other ways not available at overseas airports.
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