Noncommittal

Hi Everyone,

I've had a search on this website and I can't find the answer, but apologies if it has been done before.

Both my sister and I were born in Canada, but raised in the UK. I decided to move back to Canada 10 years ago, whilst she stayed in the UK. We planned for her and her family to visit this summer (no plane tickets bought yet), however we have run into the problem of having to enter Canada on a Canadian passport if you are a Canadian citizen.

She doesn't have a Canadian passport, however, although a bit of a pain, it's not the end of the world for her to apply for one.

The problems start as she has two daughters (age 2 and 4) who look like they have automatically inherited Canadian citizenship from her. They need to apply for a Canadian passport, but to do that they need proof of Citizenship as they were born in the UK. There is a 5 month processing time (according to the website) and then on top of that, the passport application itself.

On the Immigration website, it is saying that the rules apply to air travel. Does anyone know if it is at all feasible to fly into the US and drive through the border to get round the problem? We live in Winnipeg, so it is very doable, but I don't want to break any rules.

If it is possible, then great. But if not, we will just have to postpone the holiday. As I said, tickets have no been purchased yet, so no financial hit, just disappointment!

Former Lancastrian

Get a flight to Minneapolis look at Delta flights from the UK but you will need to apply for ESTA for flying into the USA.
A quick 8 hour drive and you are in Winnipeg.

No flying into Canada without eTA and Canadian citizens can't apply for one so need Canadian passports.

Snowy560

Special authorization is sometimes possible for dual citizens with an imminent flight and who already have documentation that they are citizens (not your sister's children's situation but perhaps hers if she had already booked an imminent flight).

Dual Canadian citizens need a valid Canadian passport

Encourage your sister to apply for the children's proof of citizenship ASAP so that she isn't in this position going forward. If your sister was born in Canada, her children are almost certainly Canadian citizens (but their children won't be unless born in Canada):

Apply – Proof of citizenship

FishAndChips00

Or, a dual citizen without a Canadian passport may be eligible for a special authorization.

FishAndChips00

Former Lancastrian, given that the OP's sister's nationality (and that of her children) is possibly not in any database, their ETA may well succeed if they failed to disclose their Canadian citizenship on the ETA form.

Would such a course of action be legal? AFAIK, the IRPA article prohibiting misrep does not apply to Canadian citizens. Emphasis mine:

Former Lancastrian

That is for determining a person inadmissible into Canada of course which a Canadian citizen can't be found inadmissible however section 127 of IRPA states

Misrepresentation

127 No person shall knowingly

(a) directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

This is found in the General Offences which applies to any person and the penalty is as follows

Penalties

128 A person who contravenes a provision of section 126 or 127 is guilty of an offence and liable

(a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, or to both; or

(b) on summary conviction, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both.

FishAndChips00

Interesting FL, thanks !

Snowy, looks like you beat me to it.

Noncommittal

Thanks for the replies everyone.

It looks like flying into the US and crossing the border from there would be a potential, as getting an ESTA 'shouldn't' be a problem.

Unfortunately I don't think her situation would fall under special authorization as she hasn't booked her flight and my nieces have never previously had Canadian passports. I agree that no matter what happens, she should apply for proof of citizenship asap, as then at least they have it.

We definitely didn't want to go down the route of ignoring it. I'm sure as soon as my sister turned up at the airport with a Canadian passport with her place of birth clearly marked in it, questions would be asked about her children's citizenship.

Snowy560

Well at least you have a clearer idea of the situation and how to help your sister resolve it if not in the immediate future, for the long term. With Brexit around the corner, dual citizenship seems like a bonus for the children (in my opinion!).

Noncommittal

I think having dual citizenship is great, but then I'm totally biased as I live here

Davita

Re: Noncommittal
Did your sister and her children become British...If so could she not get British passports and travel to Canada?

Snowy560

Under the new rules (Nov, 2016), (Dual) Canadian citizens (except US citizens) need a Canadian passport to board a flight to Canada. See my link in #3.

Davita

Thanks Snowy...didn't know that.

I hope UK doesn't reciprocate as my 10year UK/EU passport (issued in Ottawa), which I'd never used as I travel everywhere as a Canadian, expired in 2010.
I'd need a new one just to pay a visit to UK.

Looks like a good revenue earner for passport offices.

JayUK

My son is the same, entitled to Canadian citizenship because of me, but we hadn't gotten him any of the paperwork. I emailed CIC in London to ask what to do. They advised that he was able to travel to Canada on an ETA so long as we hadn't requested his proof of citizenship. We did so 3 times between sept and dec last year.

I've now requested his proof of citizenship, and was told in person, it is only now that he canno longer travel to Canada on his British passport because his application is in process. If there is any family emergency and he needs to travel before its granted and we can get him a passport, they said to call them and they would be able to facilitate something for the emergency.

JayUK

By ETA I meant ESTA...