Can I re-enter Canada with COPR or VWP while waiting for PR Card
#1
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Can I re-enter Canada with COPR or VWP while waiting for PR Card
Hi all,
I think I know the answer to this question but I thought I'd ask because I'd like to be mistaken.
I have a shiny PR visa in my passport which I haven't activated yet. I currently live in Vancouver and have a short business trip to Seattle planned for 21 Oct.
If I were to land this Friday and returned from this trip before I received my PR card would I be able to enter the country using either the COPR from landing or under the Visa Waiver Programme (I hold a New Zealand passport).
Or would I be wise just to wait to land until after my trip?
Thanks in advance!
I think I know the answer to this question but I thought I'd ask because I'd like to be mistaken.
I have a shiny PR visa in my passport which I haven't activated yet. I currently live in Vancouver and have a short business trip to Seattle planned for 21 Oct.
If I were to land this Friday and returned from this trip before I received my PR card would I be able to enter the country using either the COPR from landing or under the Visa Waiver Programme (I hold a New Zealand passport).
Or would I be wise just to wait to land until after my trip?
Thanks in advance!
#2
Re: Can I re-enter Canada with COPR or VWP while waiting for PR Card
PR Card is not needed on the land frontier.
#3
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Re: Can I re-enter Canada with COPR or VWP while waiting for PR Card
Forgive me, JAJ, I hadn't heard of that exception. Would you happen to remember a reference I can go and chase up?
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Re: Can I re-enter Canada with COPR or VWP while waiting for PR Card
So I went and did a little hunt. The wrinkle is that I would be travelling to Seattle via commercial transport (probably train) which appears to cause a problem.
Operations manual ENF04 at s11.4 says
Great... but it goes on to say (at 11.5):
ENF 27 includes a section on what documentation commercial transporters should require (PR card, travel document or PR visa only).
I might get away with it because the train into Vancouver does the immigration processing at the Vancouver terminal but I'd be taking a risk that Amtrak wouldn't allow me to board.
Operations manual ENF04 at s11.4 says
The permanent resident card is the only valid proof of permanent resident status in Canada.
The following documents are satisfactory indicators of permanent residence:
• the original Record of Landing:
• a certified true copy of a Record of Landing document issued by CIC National Headquarters;
• a letter issued by CIC National Headquarters verifying permanent residence;
• a passport duly stamped showing the date on which permanent residence was granted, if the
person was granted permanent resident status before 1973; and
• a Confirmation of Permanent Residence document [IMM 5292B].
The following documents are satisfactory indicators of permanent residence:
• the original Record of Landing:
• a certified true copy of a Record of Landing document issued by CIC National Headquarters;
• a letter issued by CIC National Headquarters verifying permanent residence;
• a passport duly stamped showing the date on which permanent residence was granted, if the
person was granted permanent resident status before 1973; and
• a Confirmation of Permanent Residence document [IMM 5292B].
The permanent resident (PR) card, is the status document referred to in A31(1) that indicates that
the holder is a permanent resident of Canada. A person who holds a PR card is presumed to
have PR status unless a BSO at Immigration Secondary determines otherwise. As of December
31, 2003, the PR card, or alternatively, the A31(3) travel document issued by one of Canada’s
visa offices abroad, is the new prescribed document for permanent residents when boarding a
commercial transporter bound for Canada.
the holder is a permanent resident of Canada. A person who holds a PR card is presumed to
have PR status unless a BSO at Immigration Secondary determines otherwise. As of December
31, 2003, the PR card, or alternatively, the A31(3) travel document issued by one of Canada’s
visa offices abroad, is the new prescribed document for permanent residents when boarding a
commercial transporter bound for Canada.
I might get away with it because the train into Vancouver does the immigration processing at the Vancouver terminal but I'd be taking a risk that Amtrak wouldn't allow me to board.
#5
Re: Can I re-enter Canada with COPR or VWP while waiting for PR Card
http://www.cic.gc.ca/english/informa...card-faq12.asp
Also see:
http://britishexpats.com/wiki/Perman...nt_Card-Canada
Your NZ passport on its own may be acceptable to travel.
Alternatively you can delay your landing, as long as you have a valid temporary status and accept the risk that any change in your circumstances before you land may cause a problem.
#6
Re: Can I re-enter Canada with COPR or VWP while waiting for PR Card
http://www.cic.gc.ca/english/resourc.../enf27-eng.pdf
but...
3.2. Other regulatory provisions: Part 17 (Transportation) and Part 21 (Repeals and
Coming into Force)
The PR card is included as a prescribed document in R259(f) as part of the IRP
Regulations concerning transportation. As such, it is one of the documents that may be
required for examination by commercial transportation companies (“transporters”), in
accordance with the instructions in ENF 15, section 5.4:
A transporter must, at the time of boarding, examine the documents of all persons it
carries to Canada to ensure that they are the documents prescribed in R259. The
transporter must refuse to allow any improperly documented person to board a
vehicle destined for Canada.
The PR card became a prescribed document when R259(f) came into force on December
31, 2003, pursuant to R365(3). Permanent residents outside Canada who are not in
possession of a PR card (or travel document) will otherwise be unable to satisfy a
transportation company as to their obligation to allow boarding only to passengers with
prescribed documents in accordance with A148.
Coming into Force)
The PR card is included as a prescribed document in R259(f) as part of the IRP
Regulations concerning transportation. As such, it is one of the documents that may be
required for examination by commercial transportation companies (“transporters”), in
accordance with the instructions in ENF 15, section 5.4:
A transporter must, at the time of boarding, examine the documents of all persons it
carries to Canada to ensure that they are the documents prescribed in R259. The
transporter must refuse to allow any improperly documented person to board a
vehicle destined for Canada.
The PR card became a prescribed document when R259(f) came into force on December
31, 2003, pursuant to R365(3). Permanent residents outside Canada who are not in
possession of a PR card (or travel document) will otherwise be unable to satisfy a
transportation company as to their obligation to allow boarding only to passengers with
prescribed documents in accordance with A148.
[...]
5. Departmental policy
[...]
IRPA does not require permanent residents in Canada to hold a PR card nor to have one
when they present themselves at a port of entry.
Accordingly, officers at ports of entry may allow entry into Canada of permanent residents
whose status can be established through a variety of other means. Nevertheless, as per
A31(2)(a), persons who present a valid PR card at a port of entry are presumed to have
this status, unless an officer determines otherwise.
While the PR card is not issued outside Canada, the Act nevertheless makes provision
for permanent residents who do not have a card to return to Canada. Assuming that they
are otherwise able to comply with the residency obligation, a travel document in the form
of a visa counterfoil may be issued in accordance with A31(3)(a), (b) or (c).
In exceptional cases, humanitarian and compassionate considerations may overcome a
breach of the residency obligations. Finally, persons who were in Canada once in the 365
days preceding the examination and who have appealed under A63(4), or the period for
making such an appeal has not expired, may also be issued a travel document.
More detailed procedures for the issuance or refusal of a travel document to permanent
residents abroad without a PR card is available in OP 10, Permanent Residency Status
Determination. Information on inland determinations on loss of status, including
humanitarian and compassionate considerations, are found in ENF 23, Loss of
Permanent Resident Status.
5. Departmental policy
[...]
IRPA does not require permanent residents in Canada to hold a PR card nor to have one
when they present themselves at a port of entry.
Accordingly, officers at ports of entry may allow entry into Canada of permanent residents
whose status can be established through a variety of other means. Nevertheless, as per
A31(2)(a), persons who present a valid PR card at a port of entry are presumed to have
this status, unless an officer determines otherwise.
While the PR card is not issued outside Canada, the Act nevertheless makes provision
for permanent residents who do not have a card to return to Canada. Assuming that they
are otherwise able to comply with the residency obligation, a travel document in the form
of a visa counterfoil may be issued in accordance with A31(3)(a), (b) or (c).
In exceptional cases, humanitarian and compassionate considerations may overcome a
breach of the residency obligations. Finally, persons who were in Canada once in the 365
days preceding the examination and who have appealed under A63(4), or the period for
making such an appeal has not expired, may also be issued a travel document.
More detailed procedures for the issuance or refusal of a travel document to permanent
residents abroad without a PR card is available in OP 10, Permanent Residency Status
Determination. Information on inland determinations on loss of status, including
humanitarian and compassionate considerations, are found in ENF 23, Loss of
Permanent Resident Status.
Last edited by kleinluka; Sep 26th 2009 at 7:23 pm.
#7
Re: Can I re-enter Canada with COPR or VWP while waiting for PR Card
A visa-waiver passport is also a "prescribed document".
#8
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Re: Can I re-enter Canada with COPR or VWP while waiting for PR Card
A visa-waiver passport is also a "prescribed document".
Huzzah! That would take all the risk out of it. :-)
#9
Joined: May 2004
Posts: 4,483
Re: Can I re-enter Canada with COPR or VWP while waiting for PR Card
The difficulty that one can run into without a PR card is attempting to board a flight to Canada. Airlines will not allow boarding when the person concerned could require a visa to enter Canada. In that case one cannot get to a Canadian port of entry at all. Brits and many others do NOT require visas to enter Canada so they do not face the problem. That said you would require proof of landing as outlined in earlier posts to re-enter as a PR.