beckiwoo

I recieved an email from CiC about the eTA becoming mandatory from 15 March 2016. In the email it states:

If your study or work permit was issued on or before July 31, 2015, you will need to apply for an eTA if you wish to enter or return to Canada by air on or after March 15, 2016.

If you received your study or work permit on or after August 1, 2015, you were automatically issued an eTA with your study or work permit.

I recieved my LOI in May but did not get my actual work permit until August 30 2015 when I went to the border to activate it.

Do I need an eTA, I tried to ask the CBSA officer at the border about this and he knew nothing about eTA...

Former Lancastrian

You will not have got eTA if you got the work permit at the border. That statement is for those issued work permits via CIC offices overseas.
You will need to apply for eTA if travelling outside Canada by air.

beckiwoo

damn!

Problem is when I go on the website it states it is having issues with the eTA for certain countries so I cant even get it yet as it doesnt even load up on the page

Former Lancastrian

maybe CIC will have it sorted out before it becomes mandatory on 15 March 2016
so if travelling and arriving back in Canada before that date then its not required.
Who knows it may even be extended.

KuroKuro

All this eTA business is as clear as mud!

I'm planning on traveling at the end of the April and I'm unsure (due to the delays caused by the redesign) whether I'll have my PR card in time. Have no clue whether I'll need an eTA for that. XD

PMM

Hi


1. If you don't have your PR card by your return date, then you would have to apply for a PR Travel Document, since as a PR you would not be eligible for an ETA.

KuroKuro

Thanks for the feedback!

EDIT: Ugh, this is going to be so frustrating! My PR card had *BETTER* come before April.

beckiwoo

Im sure it will. Are you not able to leave the country then without your PR card?

KuroKuro

I can leave... It's just the returning will be a pain in the bum!

I'm only going to Japan for 2 weeks, so having to apply as a PR abroad seems a little over the top.

FlyingDutchman6666

Indeed. I'm curious to find out what part of the laws or regulations allow CIC to refuse ETAs to visa-exempt passport holders who also happen to be PRs ?

Or perhaps the ETA regulations are worded in such a way that there is operational latitude to refuse for any reason, and CIC have simply decided to exclude all applications by PRs ?

And what opportunity for legal review is there regarding an ETA decision? Have they taken a leaf out of the VWP/ESTA book and is the answer "none at all" ?

PMM

Hi



Section 7.1 of the Regulations

Electronic travel
authorization
7.1 (1) A foreign national referred to in
paragraph 7(2)(a) who is exempt from the
requirement to obtain a temporary resident


visa and who, on or after March 15, 2016,
is seeking to enter Canada by air to remain
on a temporary basis is, nevertheless, required
to obtain an electronic travel authorization
before entering Canada, unless
they are exempted by subsection (3) from
the requirement to obtain one.

Returning PRs trying to enter aren't coming on a temporary basis.

FlyingDutchman6666

Thank you PMM, that's very interesting !

What are your thoughts about legal challenges to ETA refusals?

Former Lancastrian

In what respect re the legal challenges?
Applying for one allegedly takes minutes to be approved similar to what the USA and Australia have currently in place. The issuance of an eTA is not a guarantee that you will be allowed entry into Canada. Having looked at the application process I find it hard to imagine that very many eTAs from non visa passport holders will be refused on application.
Even if being issued an eTA they could still be refused entry at the POE for reasons not asked on the eTA application.