Leaving Canada and coming back without PR Card
#16
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,870
Re: Leaving Canada and coming back without PR Card
Granted those instances are few and far between but it has happened.
#17
BE Enthusiast
Joined: May 2011
Posts: 860
Re: Leaving Canada and coming back without PR Card
Yes, the evidence is in the forum search function. There has never been a report here of a PR w/o card who was refused boarding. That I know of.
But of course if you have a verified report of it happening, that would be very useful information!
Was the refusal related to not carrying the PR card? In other words, if the traveler had *not* been a Canadian PR, would they have been denied boarding too?
But of course if you have a verified report of it happening, that would be very useful information!
Was the refusal related to not carrying the PR card? In other words, if the traveler had *not* been a Canadian PR, would they have been denied boarding too?
#18
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,870
Re: Leaving Canada and coming back without PR Card
Yes, the evidence is in the forum search function. There has never been a report here of a PR w/o card who was refused boarding. That I know of.
But of course if you have a verified report of it happening, that would be very useful information!
Was the refusal related to not carrying the PR card? In other words, if the traveler had *not* been a Canadian PR, would they have been denied boarding too?
But of course if you have a verified report of it happening, that would be very useful information!
Was the refusal related to not carrying the PR card? In other words, if the traveler had *not* been a Canadian PR, would they have been denied boarding too?
Section 31 of the Act states the following
General presumptions:
Provides that, unless an officer determines otherwise, a person in possession of a PR card is presumed to have permanent resident status.
A person who is outside Canada and does not present a PR card is presumed not to be a permanent resident unless an officer determines otherwise.
I have lost count the number of times I have posted on this subject about people being outside of Canada without a PR card.
The airline CAN LEGALLY refuse to board a person claiming to be a PR of Canada not in possession of a valid PR card. It is the airlines call regardless if the person is carrying a visa exempt passport.
Several posters on here have openly admitted being asked for their PR card when departing the UK. Granted many have not but that appears to be dependent on the airline used.
Once eTA is implemented then this should die out hopefully but that remains to be seen. There are provisions to obtain a PR resident travel document.
The argument will be with the traveller and the airline at boarding so it doesn't involve me although if I was a Liasion Officer working overseas I can tell the airline not to carry a person as per section 148(1) of the Act which has been the subject of a couple of press articles in the last few days involving Air Transat and Hungarian nationals who are visa exempt.
#19
Banned
Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: Leaving Canada and coming back without PR Card
Quick question FL, couldn't you use your COPR stamped/signed form as proof of PR status, provided it was issued within the past 3-4 years?
#20
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,870
Re: Leaving Canada and coming back without PR Card
AGAIN those without PR cards outside of Canada CAN BE REFUSED boarding and its impossible to say what the various airlines staff will or will not do.
Remember not all UK citizens holding PR cards are not BE members so its impossible to say if this is a problem or not. I suspect it isn't but thats not the issue. I would hate to see someone look at these threads on this subject who is outside Canada without a PR card show up at an airport knowing about what they are supposed to do and be denied boarding. We have had umpteen posters post that they were not asked or what the Act and regulations say or don't say.
These posters will not be present if an incident like this occurs so how does that help the person. Im sure saying to some member of an airline staff " But there are threads on BE saying you won't need the travel document" will NOT be acceptable to them.
I have dealt with one incident involving the airline and a PR without a PR card attempting to leave Canada where this came up. Basically I could not issue them with any document or official letter confirming their PR status as CBSA CANNOT do that. The airline would not guarantee that they would be allowed to fly back from their destination without proof that they held PR status.
At the end of the day the traveller without the PR card has to make a decision they can either apply for the travel document or take a chance with the airline.
Once they get on the plane its no longer an issue but its getting on the plane.
I work at a POE in Canada I only deal with what Im faced with. I will gladly give members free advice and if they choose not to follow that advice then thats their choice.
Will this change with eTA who knows as each situation could be different.
My own advice in these situations is APPLY FOR THE TRAVEL DOCUMENT if you have to travel without a valid or no PR card.
#21
Re: Leaving Canada and coming back without PR Card
Why are airlines even checking immigration status? Will they be required to transport the person back if denied entry?
#22
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,870
Re: Leaving Canada and coming back without PR Card
1. A passenger gets on an airline using a valid or fake passport. During the flight the passenger destroys that document and turns up at Customs with no travel document.
The amount of general security is determined in accordance with R283(2) based on the transporter’s compliance with the Act and the anticipated risk of inadmissible foreign nationals being carried to Canada. The minimum amount currently required is $30,000.
2. A passenger gets on an airline with valid passport and presents said document at Customs. Traveller is found to be inadmissible
When there is no removal order in place
Transportation companies have the obligation to carry from Canada foreign nationals who:
• are directed to leave pursuant to R40(1);
• are directed back to the United States pursuant to R41; or
• are allowed to withdraw their application to enter Canada pursuant to R42.
In most but not all cases the airline is responsible for these costs and its to the last place of embarkation not origin of journey. A direct flight is no problem but many go via e.g. London, Chicago and Winnipeg. The airline in this case only needs to get the person back to Chicago.
Also the airline has to carry the passenger which means on a full flight outbound from Canada somebody will have to give up 1 or more seats to accommodate this.
This is why some airline staff are over cautious about no proof of PR status or people travelling on ONE WAY tickets. A valid passport with or without a visa DOES NOT guarantee entry into Canada for those who cannot prove they are a Canadian citizen, PR of Canada or Status Indian.