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PR 2/5 Tracking Canada/US

Abe G. Weit

Newbie
Apr 12, 2011
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Hello:

First, many thanks for this great forum which is a source of invaluable information. The knowledgeable posters on this forum are first-rate.

Just a couple of questions:

I assume (?) CBSA scans PR cards at each entry (by private car) into Canada, but was wondering whether they coordinate with US Border Patrol so that they also have a record of each departure date (i.e., re-entry to US), which would allow them to monitor the exact number of days in Canada for US-based PRs. Does anyone know if this is correct?

Also, is it mandatory (i.e., is there any rule that requires it) that a PR use the PR Card to gain entry and/or self-identify as a PR when visiting Canada by car or would it be permissible for a US citizen to enter using a US passport? On a recent visit to Canada, despite having ample time remaining on my PR card to meet the 2/5 requirement, I was questioned for several minutes by a very conscientious CBSA agent about why I had not yet relocated to Canada (I was worried he was going to pull my card and/or deny me entry) and was thinking it would have been easier just to flash my US passport. Any thoughts on this?

Thanks very much for your help.

Best regards,
Abe
 

Alurra71

VIP Member
Oct 5, 2012
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Visa Office......
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AOR Received.
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VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
Flashing your US Passport won't garner you anything else. They know you are a PR whether you give them your actual PR card or just hand them your passport.

They do share some border information, so I suspect they know your comings and goings, yes. Be sure to stay on the good side of your PR RO and you'll be fine.
 

Abe G. Weit

Newbie
Apr 12, 2011
9
0
Thanks for your reply.

So no requirement to enter on the PR card, but probably won't be any better off using the US passport?

Anyone else have any thoughts (or experience) using US passport to enter Canada instead of PR card?
 

dpenabill

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Apr 2, 2010
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Abe G. Weit said:
I assume (?) CBSA scans PR cards at each entry (by private car) into Canada, but was wondering whether they coordinate with US Border Patrol so that they also have a record of each departure date (i.e., re-entry to US), which would allow them to monitor the exact number of days in Canada for US-based PRs. Does anyone know if this is correct?
Most reports and appearances suggest that your assumption is at least the standard policy, that indeed the policy is that all travelers entering Canada (by private car or generally otherwise) have their Travel Document entered into the CBSA system. The extent to which this is actually done, in practice, is unknown. Probably not perfectly done at the least. (Thus, for example, CBSA travel history records are not necessarily complete, almost always complete for recent travel but not always.)

As Alurra71 indicated, there is indeed border sharing of information between the U.S. and Canada. I do not recall the precise start date, but for around two years or so now, both sides of the border have open access to traveler entry records from the other side for all Foreign Nationals and Permanent Residents. (This is scheduled to extend to citizens as well sometime this year, but there have been some snags which some reports suggest could delay it.) It seems likely there was some sharing prior to the U.S./Canada initiative which the current sharing is pursuant to, the big difference (as I understand things) is that it is now basically open access (by those authorized), perhaps similar to the way in which, going back a long while now, CBSA POE officials could directly access an individual's criminal record in the U.S.

Part of the specific purpose of this is so that Canada has both entry and exit information for any given FN or PR.

I do not think this gives a Canadian (Canadian PR or Canadian citizen) the capacity to obtain a record of exits from Canada via the ATIP application to CBSA. I am not sure, but I think there is a difference between CBSA's access to U.S. entry records (effectively reflecting exits from Canada) versus maintaining or keeping such records, and the ATIP process only gives an individual the right to obtain copies of records kept or maintained by the Canadian government body.

Since the direct access to the other side's entry information does not yet include U.S. access to Canadian entry records for Canadian citizens, I wonder (meaning I do not know) if this is similarly true regarding Canadian access to U.S. entry records . . . that is, are entries into the U.S. by U.S. citizens still not accessible? I do not know.

Observation: one of the questions most commonly asked at the PIL is "where do you live?" Obviously, a Canadian PR who says a place outside Canada is overtly admitting not being resident in Canada. Just as obviously, it is foolish, foolish, foolish to make a material misrepresentation to a Canadian border officer for the purpose of facilitating entry into Canada, so a PR living outside Canada would be, well I hesitate using the stupid word but to give a false answer to this question would be stupid (even if scores of people get away with such a misrepresentation without consequence, given how easy it is to not get away with it and the severity of the consequences).



Abe G. Weit said:
Also, is it mandatory (i.e., is there any rule that requires it) that a PR use the PR Card to gain entry and/or self-identify as a PR when visiting Canada by car or would it be permissible for a US citizen to enter using a US passport?
There is a concerted effort at CBSA and CIC to match an individual to that individual's CIC client number regardless of which Travel Document the individual presents. Passports are easy, particularly once the passport number is correlated to the individual's Canadian identity (maintained primarily via the client number).

At a POE, if the Canadian PR presents proof of identity that will almost always suffice for the purposes of being allowed to enter Canada (proof of identity will inherently establish PR status in the usual scenario), although a referral to secondary and an examination to verify identity, PR status, and admissibility may be involved. But then this can also happen, as apparently you discovered, even if the returning PR presents a currently valid PR card.




Abe G. Weit said:
On a recent visit to Canada, despite having ample time remaining on my PR card to meet the 2/5 requirement, I was questioned for several minutes by a very conscientious CBSA agent about why I had not yet relocated to Canada (I was worried he was going to pull my card and/or deny me entry) and was thinking it would have been easier just to flash my US passport. Any thoughts on this?
While of course the PR card belongs to the Canadian government, not you, so a Canadian officer with proper authority can confiscate the PR card for a variety of reasons, mostly (if not entirely) having to do with things like fraudulent use or tampering with the card (such as someone other than the PR attempting to use the card, or the photo or data on the card somehow changed). Generally this will not happen to a PR possessing a valid PR card legitimately issued to that PR . . . even if the PR is inadmissible. (Even if inadmissible for a breach of the PR Residency Obligation, the PR is entitled to enter Canada and remains a PR, even if issued a Removal Order . . . and even if issued a Removal Order, that is not enforceable until the time to appeal has expired or, if appealed, until there is a final order issued if and when the PR loses the appeal.)

It is curious, though, that you were questioned about not living in Canada if it has been less than three years since you became a PR.

Note: the validity date of the PR card is NOT relevant to compliance with the PR Residency Obligation (the 2/5 requirement). If you have been a PR for less than five years, what matters is how many days you have been outside Canada since the day you landed and became a PR; more than 1095 days absent in that time is a breach of the 2/5 requirement, no matter what the validity date is on your PR card.

After you have been a PR for five years, what matters is whether you have been absent for 1095 days or more in the preceding five years. And likewise, the validity date of the PR card is NOT relevant.

While it is curious that you were questioned about not living in Canada if it has been less than three years since you became a PR, there are many indications that this government is increasingly elevating the scrutiny of PRs relative to the PR Residency Obligation and more strictly enforcing it. While it is possible that your situation simply aroused the curiosity of the officer at the POE, it seems this may indicate there is a general instruction to POE officers to screen PRs more regarding compliance with the PR Residency Obligation.

In the latter regard, I assume this questioning took place in a secondary interview, since you describe it as being questioned for "several minutes" (which rarely happens at the PIL . . . unless you were crossing one of the low traffic border crossings, where the officer in the booth might be the same officer who would conduct the interview in secondary). But in these situations people often overstate how long the interview was (a ninety second interview at the PIL can cover quite a bit of ground and seem a bit like a grilling, almost an interrogation).

Thus, it would be helpful if you confirm that this was an interview in secondary, versus some questions asked at the PIL booth. In particular, if this was a referral to secondary that would be another indication this was, indeed, part of a policy or practice to elevate scrutiny of returning PRs. (Not definitively, but at least suggestively.)
 

Alurra71

VIP Member
Oct 5, 2012
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App. Filed.......
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AOR Received.
21-01-2013
Interview........
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VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
Abe G. Weit said:
Thanks for your reply.

So no requirement to enter on the PR card, but probably won't be any better off using the US passport?

Anyone else have any thoughts (or experience) using US passport to enter Canada instead of PR card?
Your PR is attached to your passport in their systems. If you try only giving them your passport they will ask you about your PR card and why you don't have it. I am a US Citizen, so I am speaking from experience, although I am not living in the US, I am living in Canada. I do travel back and forth rather frequently for visits though.
 

keesio

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May 16, 2012
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I'm pretty sure that if you are a PR or citizen, you must enter Canada declared as such. I'm not sure if CBSA is as strict as the USA on this (where they can really hassle you about it) but I'm pretty sure it is true.
 

Rob_TO

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Based on anecdotal reports from some posters on this site, PRs have entered Canada on a foreign passport and not indicated their PR status, and CBSA didn't seem to notice they were PRs and just let them in under assumption they were a visitor. Often it's only when they are referred to secondary inspection does their PR status become known.

Definitely the first CBSA officer you encounter can determine PR status simply based on your passport and bio info, however what's not known is how easily they access this info, and if they actually cross reference each and every foreign visitor they process against the PR database.

I'm really not sure if legally a person crossing the border needs to declare their PR status. I imagine they should, but not aware of the specific rules. In many of those anecdotal reports the PRs were not even aware they were PRs anymore, as they had been outside Canada so long they assumed PR was automatically revoked (which was not true).
 

dpenabill

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Apr 2, 2010
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Regarding declaration of PR status at Canadian POE:

While sometimes the U.S. border officers can be anal about presenting the appropriate Travel Document for entry into the U.S. (they seem especially particular about those with both U.S. and Canadian citizenship presenting a currently valid U.S. passport rather than their Canadian passport), when entering Canada I do not think there is anything inherently wrong with presenting a valid Travel Document other than a PR card and answering questions truthfully. As far as I can discern, there is no need to overtly identify oneself as having PR status except to the extent one is specifically asked.

(Note: the customs declaration card asks for "nationality" for example, not status to enter Canada as I recall.)

This distinction, however, is of declining significance since the technology is increasingly sensitive to positively identifying returning PRs as a PR, regardless of what Travel Document is presented, and if the examining PIL officer identifies a concern related to the individual's status, such as a potential PR Residency Obligation issue, a referral to secondary and a more extensive examination is likely.

The difficulty in extrapolating from anecdotal experiences at the POE is that it can vary so extensively depending on a huge range of factors and circumstances. That said, it is clear that returning PRs who have not been living in Canada are being more frequently and thoroughly screened, and that this is happening more often regardless of which Travel Document is presented by the returning PR.
 

Alurra71

VIP Member
Oct 5, 2012
3,237
309
Ontario
Visa Office......
Vegreville
App. Filed.......
07-12-2012
AOR Received.
21-01-2013
Interview........
waived
VISA ISSUED...
28-11-2013
LANDED..........
19-12-2013
Rob_TO said:
Based on anecdotal reports from some posters on this site, PRs have entered Canada on a foreign passport and not indicated their PR status, and CBSA didn't seem to notice they were PRs and just let them in under assumption they were a visitor. Often it's only when they are referred to secondary inspection does their PR status become known.

Definitely the first CBSA officer you encounter can determine PR status simply based on your passport and bio info, however what's not known is how easily they access this info, and if they actually cross reference each and every foreign visitor they process against the PR database.

I'm really not sure if legally a person crossing the border needs to declare their PR status. I imagine they should, but not aware of the specific rules. In many of those anecdotal reports the PRs were not even aware they were PRs anymore, as they had been outside Canada so long they assumed PR was automatically revoked (which was not true).
Most, if not ALL US passports now have 'electronic' devices in the rear cover. They don't even have to look inside your passport to get all your information, only scan the rear cover and there you are ...
 

Rob_TO

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Alurra71 said:
Most, if not ALL US passports now have 'electronic' devices in the rear cover. They don't even have to look inside your passport to get all your information, only scan the rear cover and there you are ...
Right, I have no doubt that CBSA can see all sorts of information upon an initial scan. What I was wondering and what is not certain, is if by scanning a passport the CBSA agent automatically sees the specific info that the individual is a PR of Canada. I'm not sure if this info is displayed automatically to the agent by default, or if the agent needs to do a quick secondary search to cross-reference against a PR database. No matter how quickly an agent could check, if it's a secondary process done at their own discretion there could be situations where PRs that don't state they are PRs, could be let in as visitors, depending if the agent decides to check them or not.

The only one that I think can answer this qeustion, is a CBSA agent.
 

Abe G. Weit

Newbie
Apr 12, 2011
9
0
thanks to all for your helpful responses.

@dpenabill: in regards to your question, the questioning took place at the booth (not a secondary) at a sleepy crossing in New Brunswick. i'd estimate ~3 minute interview - combination of questioning about why I had not yet settled and a thorough explanation of the rules regarding maintaining PR status.
 

dpenabill

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Apr 2, 2010
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Abe G. Weit said:
in regards to your question, the questioning took place at the booth (not a secondary) at a sleepy crossing in New Brunswick. i'd estimate ~3 minute interview - combination of questioning about why I had not yet settled and a thorough explanation of the rules regarding maintaining PR status.
Thanks.

The typical experience at the smaller, more remote crossings, is indeed different than it is at the Douglas Peace Arch POE, or the Detroit-Windsor tunnel crossing, or the Niagara area crossings including Fort Erie and Queenston Heights, so it is not unusual to see a report of a more in-depth interview at the PIL for such a POE. These smaller crossings do often involve more extensive screening at the PIL and thus generally there is not much to extrapolate from them relative to any general practice or policy. (In the somewhat distant past I actually had a visa issued right at the PIL booth, at a somewhat small POE, as unusual as it is for Americans to be issued visitor's visas let alone for that process to take place right at the PIL booth rather than in secondary.)

But your description of the exchange and explanation does indicate, it seems to me, that CBSA officers working the POE are indeed being instructed to screen returning PRs more than it appears they did in the past.

While for some time we have seen the conducting of residency examinations, the issuance of 44(1) reports and Removal Orders taking place at the POE, in the last year the anecdotal reports of this have increased significantly while, at the same time, anecdotal reports of no problem at the POE by PRs in breach of the PR Residency Obligation have declined dramatically.

For many this is good news, CBSA actually enforcing Canada's immigration laws. For some PRs, of course, this is not good news. The days of easily slipping back into Canada and staying long enough to get back into compliance with the RO, seem to be approaching an end.

In any event, reports like yours help to keep us informed about what can happen on at least some occasions, and in conjunction with other information can help us recognize patterns . . . such as the increasing extent to which CBSA is engaged in enforcing the PR Residency Obligation.



Rob_TO said:
I have no doubt that CBSA can see all sorts of information upon an initial scan. What I was wondering and what is not certain, is if by scanning a passport the CBSA agent automatically sees the specific info that the individual is a PR of Canada. I'm not sure if this info is displayed automatically to the agent by default, or if the agent needs to do a quick secondary search to cross-reference against a PR database. No matter how quickly an agent could check, if it's a secondary process done at their own discretion there could be situations where PRs that don't state they are PRs, could be let in as visitors, depending if the agent decides to check them or not.
I too do not really know for sure what is seen on the monitor when the PIL officer scans the Travel Document. But being somewhat familiar with a typical government interface (allowing for the continuous upgrades and changes being implemented), I am very confident that it displays at minimum basic identity information, and most likely indicates basic status information including, for example, the individual's CIC client number (if the individual has a CIC client number) and probably status itself.

What probably varies extensively is the extent to which the PIL officer visually checks all the details in the information on the screen . . . and perhaps that is often, if not usually a minimal check beyond confirming identity and the absence of flags. That is, the officer's visual scan of the information on the monitor is probably rather perfunctory if not cursory for citizens, PRs, and many visa-exempt visitors, so long as there is nothing tickling the PIL officer's concerns or curiosity.

That is, I believe (don't know for sure) the information is there (including PR status, maybe even Canadian address if there is one in the system), but often not looked at. Once the officer confirms the concurrence of the person he sees with the person indicated in the Travel Document and with the person identified on the monitor, which can take a mere three or five seconds, while in the meantime the PIL officer asks the questions-of-the-day, and subject to the individual's answers to the questions or any customs issues, if there is nothing flagging the individual, that results in a waive through (noting that the vast majority of referrals to secondary are for customs not immigration).

Beyond that, I believe it is very easy for the PIL booth officer to tap/click a link to more detailed information, no need to form a query.

Long before I became a PR, and thus back when the technology was far less sophisticated than it is currently, on multiple occasions I was asked very particular questions at the PIL which reflected the officer had, right there in front of him (sometimes her), certain specific information about me well beyond basic identity data. While sometimes remarkably detailed, these exchanges were very brief, indicating the information was right there in front of the officer with no need to go searching for it. And this was before I even applied for PR, many years ago now.

(A note which may be of interest for some: some of the information about me which the PIL officer referred to was erroneous, obviously based on previous exchanges at a POE in which an officer made notes reflecting an inference based on what I said, not what I actually said, which inference was in fact erroneous. . . . yes, long before becoming a PR I had a bit of a complicated border-stradling lifestyle (again, yes, there was a woman to blame) which meant I often spent a considerable amount of time in secondary, for immigration purposes, at this or that POE.)

For the vast majority of returning PRs, there is no reason for the PIL officer to even glance at much of the detail I believe there is on the opening interface screen, let alone take a link to see more detail.

It may be worth noting, additionally, that for those individuals driving their own vehicle into a land POE, assuming that vehicle has previously been driven into Canada by that individual, I am fairly confident the opening interface screen usually displays a significant amount of information about that individual before the individual even presents a Travel Document to the PIL officer. (There have been occasions in the somewhat recent past during which the PIL officer glanced at my TD with it in his hand still outside the booth window and did not appear to even scan it . . . this would happen when I was alone in the vehicle, and I believe my entry information was still entered into their databases, based on my identity popping up from the scan of my vehicle's license plate, the PIL officer only needing to glance at my TD sufficient to confirm the concurrence of identity before waiving me through.)



Overall:

My bet is that for PRs, regardless of which TD they display (so long as it is linked to their identity in the CIC systems), status as a PR is indicated (not prominently, just an entry next to the code for status), and I think that at least the Province of last reported Canadian address for Canadian PRs is indicated. Probably a "Y" or "N" indicated next to a code for identifying whether the Canadian PR is a resident or non-resident (again, as last known).


What I really wonder about is the extent to which the PIL officer can readily glance at entry history. From experience I know that in secondary they will sometimes look at an individual's entry history (indeed, I have personally gone through an interview in secondary during which they printed out my entry history, to the extent they had it (at that time it was extensive but also incomplete -- I crossed the border a lot in the old days) and went over it with me, and that was well before I even applied for PR, many years ago now, back when I was merely one more Foreign National visiting Canada -- back when the entry history was for sure incomplete since at least half the time they did not even ask to see, let alone scan my ID, including times I was driving a rental not my own car). I suspect even the PIL officer can readily tap a link to at least indicate the most recent entry including at which POE, and perhaps even this information appears on the initial interface screen.

Once referred to secondary: It is almost without doubt that the officers in secondary can readily access full GCMS/FOSS records as well as CBSA travel history. This includes a name-record check into the RCMP and U.S. NCIC criminal records databases (access to the U.S. criminal records may be a mirror database rather than directly into NCIC).