No PR card yet - should I apply for travel document

[adzees]

rjessome. Do you lose PR status in any circumstances. I mean what if some one is not in canada for a period of 3 years out of 5 and now ineligible to renew the PR card. This individual is out of the country and is not from a visa exempt country either.

Can they still request for a Travel document? Or can they still come to canada on the basis of vistor visa, and can claim their PR status again.

[sthomas]

Kelkel, you are not THAT paranoid!   

  @  flower07 - The instruction guide to apply for a TD is here:  http://www.cic.gc.ca/english/pdf/kits/guides/5529E.PDF

Read the following statement at the top of page 3:

Travel documents are issued to permanent residents abroad to provide proof to a transportation company that the holder is entitled to re-enter Canada as a permanent resident.

I know this is somewhat confusing and even among professionals we debate this issue.  However, the TD allows the PR to board the commercial transport carrier.  The fact that a person is a PR is what allows them to enter Canada at the POE.  A permanent resident IS a permanent resident, with or without a PR card.  Just like a citizen IS a citizen with or without a passport.  Kelkel's husband was allowed to board the plane to Canada on the strength of his German passport because he is visa exempt.  When he entered Canada, he had to indentify himself as a PR to the officers at the POE.  The airline only cares that he was legally able to board the plane because if he wasn't and was denied entry, they would have to foot the bill for his return flight.  As a PR, you are guaranteed entry to Canada.  Even if for some reason the PR is found inadmissible at the POE to Canada and given a Section 44 report and removal order, they would STILL be allowed entry as they have the right of appeal.

So does it mean if my husband and I travel by car to the US and when we get back to Canada, can I just present COPR? We are planning to go to US on November and I doubt if I will have my PR card by then. I am  not from a visa exempt country.

Thank you

[rjessome]

So does it mean if my husband and I travel by car to the US and when we get back to Canada, can I just present COPR? We are planning to go to US on November and I doubt if I will have my PR card by then. I am  not from a visa exempt country.

Thank you

Yes.  You can show your COPR at a land crossing and be allowed re-entry.

[rjessome]

rjessome. Do you lose PR status in any circumstances. I mean what if some one is not in canada for a period of 3 years out of 5 and now ineligible to renew the PR card. This individual is out of the country and is not from a visa exempt country either.

Can they still request for a Travel document? Or can they still come to canada on the basis of vistor visa, and can claim their PR status again.

Here is the same reply I sent to your PM.

Yes, it can happen.  In fact it happens all the time.  If a person's PR card has expired and they are outside of Canada, they can apply for a Travel Document but unless they can prove that they met the residency requirement (2 out of previous 5 years), then the TD will be denied and they will be subject to removal of PR status.

A PR is not eligible for a visitor's visa because as a PR, they should not need one.  An embassy will not give a TRV to a PR or someone who is in danger of losing their PR.  If this person loses their PR, they have to start over again applying for PR.

If a person is visa exempt, they can try to re-enter Canada.  If they are checked at the POE and the residency obligation is questioned, a Section 44 report will be issued and they will have to attend a hearing regarding their non-compliance with the residency obligations and will probably lose their PR status.  If they are not checked and manage to get back into Canada, they need to STAY in Canada for 2 full years and then apply for another PR card.