U.S citizen/Permanent canadian resident

[Alexismass]

Hi there, I'm really hoping someone can offer some advice or have knowledge about our dilemma. Hope it isn't too long or confusing.
We are planning a trip to Cancun at the end of November. Husband, myself, our small son, and our preteen niece. We thought it would be nice for my mom to come with us as she has never been anywhere. A little bit about her, she arrived in Canada in 1969. Has been here ever since. She said she did get a record of landing document when she arrived but it appears its been lost/misplaced over the years since its been so long. She is in the process of getting her US passport and they said it will be coming in time for the trip. She does not have a PR card. We called immigration today and they said there is no way it would be here on time as the average wait time is 92 days. They informed us that she would not be able to board a commercial flight home from Mexico without it. She said another option would be to go to a Canadian embassy in Cancun and apply for a PRTD, this scares me. What if there was a problem or it took too long to process. We will be there for 2 weeks. She then gave us the number to CBSA, so we called. We asked them if we could drive across the border into Canada. She said that is at the discretion of the border officer and that it "could" be risky. She holds a MB drivers license, has a birth certificate, MB medical. Could and would they be able to stop her from entering a land border crossing? I always thought you didn't need a PR card when coming back like this. She is so excited about this and I just don't want to tell her she wont be able to travel with us until I know for sure. If we had to drive we would fly into Minneapolis from Cancun and drive home to MB. If anyone can give me any advice that would be very much appreciated. Thanks.

 

[meyakanor]

US citizens (PR or not) can simply board a flight from anywhere to Canada. They are visa exempt and are not required to obtain eTA either.

And it's impossible for CBSA to deny your mom entry, assuming she never renounced her PR status and it was never revoked. Permanent residents have the right to enter Canada. All she has to do is announce to the border guy that she is a permanent resident. She may be sent to secondary to verify her identity, and it may take hours, but she will eventually be let into the country (make sure she satisfied the residency obligation though, and I am assuming she has no criminal record or misrepresentation).

Driving or flying should not matter in her case since she's a US citizen (if she's from a country which requires visa or eTA, then her only choice is to drive).

 

[Alexismass]

Oh wow really? So she could board her flight from Cancun straight to Wpg? It's so confusing because this woman from immigration Canada said she would absolutely need the PR card or a PRTD to even be able to board the flight and she would be denied without it. Why would she tell us this? So much conflicting information that it makes my head spin.

 

[meyakanor]

Oh wow really? So she could board her flight from Cancun straight to Wpg? It's so confusing because this woman from immigration Canada said she would absolutely need the PR card or a PRTD to even be able to board the flight and she would be denied without it. Why would she tell us this? So much conflicting information that it makes my head spin.

Ideally, permanent residents should be in a possession of PR cards when outside of the country, and I believe she was just trying to be on the safe side.

And in fact, she would be true in most cases. If your country of citizenship needs a visa or an eTA to enter Canada, then you would not be able to board a flight to Canada, and would have to enter through land border.

However, US citizens are exempt from both visa and eTA requirements, so she can just board the flight to Canada from Mexico, then present herself to CBSA as a permanent resident.

They might take her to secondary, and it may take hours to verify her identity (since her record of landing is lost), but assuming she has no criminal record/misrepresentation and she satisfies the residency requirement, they will eventually let her in without any issues.

And just my personal suggestion: ask your mom to become a Canadian citizen She has been here pretty much her whole life, and she hasn't visited the States in almost 50 years. It just makes sense.

EDIT: do not tell the airline that she is a Canadian permanent resident.

 

[Ruhan Hajrizi]

how do i get the CBSA number

 

[Alexismass]

Thank you for the replies meyakanor. I thought I would do an update on our ordeal. I'm a very nervous and somewhat cautious person by nature. It's not that I didn't believe your information, I just needed to find out for myself.

I first called WestJet, I just wanted to hear what they had to say. On hold 45 mins. Girl finally comes and I ask her about PR card for a US citizen. I asked her if my mom could board the flight to Canada from Cancun. She just didn't know at all and admitted that to me. She asks if I mind holding to ask a colleague. Sure why not...20 minutes later she comes back. With no real answer. She felt really bad that she couldn't give me a definite answer. But basically it was "she may or may not have trouble". Told me maybe we should land in the US and drive (which was something we were considering anyways). We have a toddler, and the thought of that wasn't too appealing if we could help it.

Today I contacted an immigration lawyer. I explained everything as I did up top. Her response to me was "US citizens do not need to present a valid PR card in order to board a flight to Canada. However, she will need to establish her status in Canada with immigration upon arrival at the airport. They do not need a visa or electronic travel authorization to fly to Canada as they are exempt from both. The airline doesn't care if they are a PR or not". So I guess that was my answer. She then offered to put together documents and legal submissions that the officer could consider in lieu of the official documentation. For a big fee I'm sure. Do you think this would be necessary?

 

[Alexismass]

Oh and another thing WestJet said was to buy a refundable to back to the US, then cancel it once arriving back in Canada. This would show continuation. Can't remember quite how she worded it.

 

[Ponga]

US citizens (PR or not) can simply board a flight from anywhere to Canada. They are visa exempt and are not required to obtain eTA either.

And it's impossible for CBSA to deny your mom entry, assuming she never renounced her PR status and it was never revoked. Permanent residents have the right to enter Canada. All she has to do is announce to the border guy that she is a permanent resident. She may be sent to secondary to verify her identity, and it may take hours, but she will eventually be let into the country (make sure she satisfied the residency obligation though, and I am assuming she has no criminal record or misrepresentation).

Driving or flying should not matter in her case since she's a US citizen (if she's from a country which requires visa or eTA, then her only choice is to drive).

Technically, it actually doesn't matter if she has met the PR RO requirements; she will still be allowed to re-enter Canada as a PR. If the RO has not been met, the officer may start the process to ultimately have her PR revoked.

 

[Alexismass]

She definitely has met RO. She has worked here for 50 years. She went back to the US periodically to visit family and what not. But as little vacations etc. She hasn't been there in quite some time though. No criminal record.

What could she bring for when we land? I'm just not sure what will suffice. I don't really want to pay the lawyer 350 an hour to put things together for her.
She has a Manitoba drivers license.
Medical card.
SSN (not the actual card, but she has the number)
Do you think we need to bring her tax assessments for the past few years?
She also gets CPP. I'd appreciate any thoughts. Thanks.

 

[mgnlky]

I'm a US Citizen and a Canadian PR and have never used my PR Card to enter Canada. Have her carry her US passport and Canadian driver's licence/medical card/etc and she should be fine.

Honestly, I wouldn't trust customer service representatives from airlines. While they are aware US citizens do not need a visa to get into Canada, when you throw in the PR curveball, it seems to confuse them. For CBSA and CIC, they are suppose to tell you to carry your PR Card and enter on it. Before I got my PR Card (and only had COPR) I had two different agents tell me to enter Canada on my US Passport and not to bother them by applying for a PRTD. Even now, I use my Nexus card or US Passport card and CBSA agents tell me "Welcome home" when I land in Vancouver.

 

[fasoola7321]

mgnlky, Are you entering by land or airport? and does CBSA not inquire about the PR status when you enter using your US passport?

 

[mgnlky]

mgnlky, Are you entering by land or airport? and does CBSA not inquire about the PR status when you enter using your US passport?

I have entered by car and by plane. CBSA has never asked; they look at my passport, scan it, and usually say "Welcome home."

 

[fasoola7321]

OK, thanks for that. So it sounds like even with an expired PR card...it is not an issue upon entering to show my US Passport. Correct?
Once we settle, I understand from other threads, we have to stay continuous inside Canada for 2 years before applying to renew PR cards? Is that accurate?

 

[scylla]

OK, thanks for that. So it sounds like even with an expired PR card...it is not an issue upon entering to show my US Passport. Correct?
Once we settle, I understand from other threads, we have to stay continuous inside Canada for 2 years before applying to renew PR cards? Is that accurate?

It's certainly not an issue using your US passport to enter. Keep in mind that they always scan your passport in which case CBSA will see immediately that you are a PR. So entirely possible you may still be asked about your PR status. Before my American husband became a Canadian citizen, he always used his US passport to enter Canada. About half of the time they would same something along the lines of 'oh - I see you are a PR' after swiping his passport. Also keep in mind that CBSA has access to your travel history.

And yes - if you are successful entering Canada without being reported, you will need to remain for 2 years straight before you will be able to renew your PR cards and ensure your PR status is safe.

 

[fasoola7321]

Thank you scylla for your cogent answer about using a US passport even though one has Canadian PR status. In terms of being reported, what are instances would they do that? and what kind of documentation should I bring each time to show intent and ties to Canada in a file, just in case I get asked further. I am worried about being reported, but again, I could always appeal with an attorney I hire in Vancouver to represent my case. Thoughts?