PR Card & Vacation

Old Feb 20th 2012, 7:45 am
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Default PR Card & Vacation

My PR card expired a few years back and I I had flown back and forth to the UK with the expired card with no problems which led me not bothering with sending the renewal application off. I finally sent it off last October.

Not really thinking about needing the card as it hasn't caused me too many problems before I booked a trip to Mexico for March 3rd with Airtransat holidays.

Once I got the e-ticket it of course shows in big block capitals that landed immigrants are required to have a PR card.

I checked the status of my card on the CIC site and it was approved February 7th and I should get a notice within 4 weeks. I spoke with the CIC and sent them proof of travel and they have accepted this but cannot guarantee that I'll get my card prior to my trip. I even emailed my MP to see if he could pull a few strings, one of his assistants let me know he'll do what he can but no guarantees etc.

If I don't get my card in time, what's my best option?

I'm thinking if all else fails, buy a plane ticket for the UK dated a week or so after my return just to convince Airtransat that it's OK to let me on the plane and then cancel it when I'm back in Canada.

Has anyone done anything similar or have any advice to share?
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Old Feb 20th 2012, 10:52 am
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Default Re: PR Card & Vacation

Read this thread

http://britishexpats.com/forum/showthread.php?t=748394
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Old Feb 20th 2012, 9:16 pm
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Default Re: PR Card & Vacation

Originally Posted by danG
Once I got the e-ticket it of course shows in big block capitals that landed immigrants are required to have a PR card.
Your passport is enough under the law, however some airlines struggle to understand this and in particular, the problems tend to come with charter airlines rather than Air Canada.

Perhaps you need to speak to someone in authority at Air Transat and get a confirmation in writing that a valid passport is enough. Otherwise you may have no option other than to change your flights or risk being stranded outside Canada.

Really, though - it wasn't a good idea to decide not to renew your PR Card.
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Old Feb 22nd 2012, 2:32 pm
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Default Re: PR Card & Vacation

Hi all,

I sort of have a similar dilemma to this one which any advice would be greatly received!

My PR card expires March 11th this year. I have already booked my first trip home for three years which leaves March 16th, returning on the 26th.

In preparation of my expired card, I got all the necessary paperwork ready and sent off my application December 3rd last year thinking that would be plenty of time to get my new card. I even paid the $50 fee via the internet so I have my printable receipt proving I have paid for the service.

I checked in January on the application status online and realised that they were WAY behind in processing. After a much needed panic attack I quickly realised I needed to send the "urgent application" where you send it registered mail and state that "travel outside of Canada is imminent."

Unfortunately before I can even send off the second attempt I have to wait for the one form that is required that can only be applied for through the cic website. I've been waiting more than three weeks for this form (it's the one you attach your photo's too and sign inside the box) so I cannot send the urgent application off.

I leave in less than four weeks now!
What are my options if I don't get my card? I was told I would have to go the the Canadian Embassy in London to sort it out prior to my return.
Would my printed receipt showing I paid help me if I take it?

I really did think sending it off three months prior to expiry would have been enough....what was I thinking?!?!

Your help/advice will be greatly received.

Lindsey
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Old Feb 22nd 2012, 3:23 pm
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Default Re: PR Card & Vacation

Originally Posted by danG
My PR card expired a few years back and I I had flown back and forth to the UK with the expired card with no problems which led me not bothering with sending the renewal application off. I finally sent it off last October.

Not really thinking about needing the card as it hasn't caused me too many problems before I booked a trip to Mexico for March 3rd with Airtransat holidays.

Once I got the e-ticket it of course shows in big block capitals that landed immigrants are required to have a PR card.

I checked the status of my card on the CIC site and it was approved February 7th and I should get a notice within 4 weeks. I spoke with the CIC and sent them proof of travel and they have accepted this but cannot guarantee that I'll get my card prior to my trip. I even emailed my MP to see if he could pull a few strings, one of his assistants let me know he'll do what he can but no guarantees etc.

If I don't get my card in time, what's my best option?

I'm thinking if all else fails, buy a plane ticket for the UK dated a week or so after my return just to convince Airtransat that it's OK to let me on the plane and then cancel it when I'm back in Canada.

Has anyone done anything similar or have any advice to share?
I just read a couple of threads and subsequently found out the Supplementary Identification Form is now a DOWNLOADABLE FORM!!! Aggghhhh!
This must have just changed! I had to apply for it online in January and nothing to date came.......now I know why.

Funnily enough my application is now complete and ready for registered mail tomorrow first thing, so fingers crossed they can whip it through the processing channels and I'll have my card before mid-March.

Thanks anyway guys.....the info on here is invaluable!
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Old Feb 23rd 2012, 7:00 am
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Default Re: PR Card & Vacation

Hi


Originally Posted by JAJ
Your passport is enough under the law, however some airlines struggle to understand this and in particular, the problems tend to come with charter airlines rather than Air Canada.

Perhaps you need to speak to someone in authority at Air Transat and get a confirmation in writing that a valid passport is enough. Otherwise you may have no option other than to change your flights or risk being stranded outside Canada.

Really, though - it wasn't a good idea to decide not to renew your PR Card.

JAJ you keep quoting the "law". Here is what the Immigration Act and the Regulations say.

"TRANSPORTATION
Prescribed documents

259. For the purposes of subsection 148(1) of the Act, the following documents that a person requires under the Act to enter Canada are prescribed:
(a) a travel document referred to in subsection 31(3) of the Act;
(b) refugee travel papers issued by the Minister of Foreign Affairs;
(c) a document referred to in subsection 50(1) or 52(1);
(d) a temporary travel document referred to in section 151;
(e) a visa referred to in section 6 or subsection 7(1); and
(f) a permanent resident card.

51/52 Not applicable Passports.

151 Temporary Travel Document for those without passports.

Permanent resident

6. A foreign national may not enter Canada to remain on a permanent basis without first obtaining a permanent resident visa.
Temporary resident

7. (1) A foreign national may not enter Canada to remain on a temporary basis without first obtaining a temporary resident visa.
Exception
(2) Subsection (1) does not apply to a foreign national who
(a) is exempted under Division 5 of Part 9 from the requirement to have a temporary resident visa;
(b) holds a temporary resident permit issued under subsection 24(1) of the Act; or
(c) is authorized under the Act or these Regulations to re-enter Canada to remain in Canada.




status document

31. (1) A permanent resident and a protected person shall be provided with a document indicating their status.
Effect

(2) For the purposes of this Act, unless an officer determines otherwise
(a) a person in possession of a status document referred to in subsection (1) is presumed to have the status indicated; and
(b) a person who is outside Canada and who does not present a status document indicating permanent resident status is presumed not to have permanent resident status.
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Old Feb 23rd 2012, 1:38 pm
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Default Re: PR Card & Vacation

Originally Posted by PMM
"TRANSPORTATION
Prescribed documents

259. For the purposes of subsection 148(1) of the Act, the following documents that a person requires under the Act to enter Canada are prescribed:
(a) a travel document referred to in subsection 31(3) of the Act;
(b) refugee travel papers issued by the Minister of Foreign Affairs;
(c) a document referred to in subsection 50(1) or 52(1);
(d) a temporary travel document referred to in section 151;
(e) a visa referred to in section 6 or subsection 7(1); and
(f) a permanent resident card.
Part (c), Regulation 52(1) refers to passports.




status document

31. (1) A permanent resident and a protected person shall be provided with a document indicating their status.
Effect

(2) For the purposes of this Act, unless an officer determines otherwise
(a) a person in possession of a status document referred to in subsection (1) is presumed to have the status indicated; and
(b) a person who is outside Canada and who does not present a status document indicating permanent resident status is presumed not to have permanent resident status.
Understood, but this is not relevant to whether a passport is or is not a prescribed travel document. We all know that a person who is a permanent resident (PR Card or not) must be admitted at a port of entry, that's in the Act/Regulations too.
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Old Feb 23rd 2012, 3:04 pm
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Default Re: PR Card & Vacation

Hi


Originally Posted by JAJ
Part (c), Regulation 52(1) refers to passports.






Understood, but this is not relevant to whether a passport is or is not a prescribed travel document. We all know that a person who is a permanent resident (PR Card or not) must be admitted at a port of entry, that's in the Act/Regulations too.
Ah but the discussion is boarding an airline, not arriving at a port of entry.
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Old Feb 23rd 2012, 3:20 pm
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Default Re: PR Card & Vacation

Originally Posted by PMM
Hi

Ah but the discussion is boarding an airline, not arriving at a port of entry.
And once again, a passport is a prescribed document under Regulation 259(c). Or are you suggesting that it is not?

Last edited by JAJ; Feb 23rd 2012 at 3:25 pm.
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Old Feb 23rd 2012, 11:42 pm
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Default Re: PR Card & Vacation

I believe that this question causes confusion and what context it is asked in.
Since 2002 all persons who became PR's were issued PR cards providing they provided a Canadian address. We all know that it expires every 5 years.
This is taken right from the CIC website

The Permanent Resident Card is the official proof of your status as a permanent resident in Canada.
This wallet-sized plastic card is required for all permanent residents of Canada seeking to re-enter Canada on a commercial carrier (airplane, boat, train or bus).

I have always maintained that if the PR is not in possession of a valid PR card when returning to Canada the airline can refuse them boarding even though they may hold a valid passport. How can they prove their status as a PR to the airline if they dont have a PR card?

The airline interpret this as reason for refusal
148. (1) A person who owns or operates a vehicle or a transportation facility, and an agent for such a person, must, in accordance with the regulations,

(a) not carry to Canada a person who is prescribed or does not hold a prescribed document, or who an officer directs not be carried;

As the person does not have the PR card which is a prescribed document they refuse to carry as the passport is not proof of PR status even though in itself its a prescribed document.
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Old Feb 28th 2012, 6:04 am
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Default Re: PR Card & Vacation

Thanks for all the input, it's all good now as I just got off the phone with the CIC and can go pick up my PR card.

I did speak with an Airtransat rep the other day who confirmed that if I had a plane ticket from Canada to the UK following my vacation I would have been allowed on the plane.

/Lesson learned, applying for citizenship when I get back.
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Old Mar 3rd 2012, 2:35 am
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Default Re: PR Card & Vacation

Originally Posted by danG
I did speak with an Airtransat rep the other day who confirmed that if I had a plane ticket from Canada to the UK following my vacation I would have been allowed on the plane.
Which is interesting considering that possession of a return/onward ticket is not a requirement anywhere in the law ...
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Old Mar 14th 2012, 12:12 pm
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Default Re: PR Card & Vacation

Glad you got your PR card in time DanG....I too picked up mine today!

I have to say, I was a little annoyed that the CIC website hadn't stated clearly on their website that the form was downloadable as I was waiting for weeks for it. (Incidentally the form arrived this week - about 5 weeks after I applied for it!)

Anyhow, after sending my second application, the Immigration department came good and after receiving my application Feb 27, they started processing it Mar 5 and it was approved Mar 8. They phoned me at home to let me know my card was ready for pick up since they could see in their system I was travelling this Friday.

So, happy days....I can now fly home with a shiny new PR card in my possession!






Originally Posted by danG
Thanks for all the input, it's all good now as I just got off the phone with the CIC and can go pick up my PR card.

I did speak with an Airtransat rep the other day who confirmed that if I had a plane ticket from Canada to the UK following my vacation I would have been allowed on the plane.

/Lesson learned, applying for citizenship when I get back.
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