Can my son re enter CANADA with his US passport instead of his PR card?

[soewitas]

My son PR card is still being processed for renewal. We have gotten ours back several weeks ago but CIC asked new photo for his. We plan to travel outside Canada for spring break. Since my son has US passport, would it be an issue if my wife and I re enter Canada with PR card, but my son use his US passport? Anyone has experience? Thanks

 

[dpenabill]

My son PR card is still being processed for renewal. We have gotten ours back several weeks ago but CIC asked new photo for his. We plan to travel outside Canada for spring break. Since my son has US passport, would it be an issue if my wife and I re enter Canada with PR card, but my son use his US passport? Anyone has experience? Thanks

Assuming you all live in Canada and there is little or no reason to question compliance with the PR Residency Obligation, there should be no problem in your son's return to Canada using an American passport.

As a PR he is entitled to enter Canada, even if there is a problem with the PR RO.

If you are traveling using commercial transportation (usually flying) technically he is required to display a PR card or PR Travel Document when boarding a flight to return to Canada. Practically however this is not likely to be an issue, and presenting his U.S. passport should suffice. The latter may depend, some, on which airlines it is and where the flight originates. If from an airport in the U.S., for example, my guess is that the odds of a problem are extremely remote. If the flight is originating in Venezuela, I am less confident there would be no problem.

 

[PMM]

Hi

Assuming you all live in Canada and there is little or no reason to question compliance with the PR Residency Obligation, there should be no problem in your son's return to Canada using an American passport.

As a PR he is entitled to enter Canada, even if there is a problem with the PR RO.

If you are traveling using commercial transportation (usually flying) technically he is required to display a PR card or PR Travel Document when boarding a flight to return to Canada. Practically however this is not likely to be an issue, and presenting his U.S. passport should suffice. The latter may depend, some, on which airlines it is and where the flight originates. If from an airport in the U.S., for example, my guess is that the odds of a problem are extremely remote. If the flight is originating in Venezuela, I am less confident there would be no problem.

1. Especially after 15/03/16 the airline may request an ETA or a PRTD if he doesn't have a PR card if flying from other than the US.

 

[dpenabill]

Hi


1. Especially after 15/03/16 the airline may request an ETA or a PRTD if he doesn't have a PR card if flying from other than the US.

I agree.

But note that the eTA deadline has been extended six months.

Many in this forum will take that as a license for PRs to continue flying to Canada using just a visa-exempt passport. As I have noted in another topic (and have similarly said more than a few times otherwise), this does not comply with the rules for PRs and thus inherently entails some risks. Scope of the risk is largely speculative. (My personal approach, which prefers to minimize risks, is to avoid speculative risk as much as practically feasible, even if a number of others have, so to drive, reported going 20k over the limit regularly without getting stopped.)

Also note: my impression is that U.S. citizens will not be issued eTA, so U.S. citizens should be able to board flights to Canada from anywhere in the world by displaying a U.S. passport. That said, the rule is still that even if the PR is a U.S. citizen he or she should have to display either a PR card or PR TD for purposes of boarding flights to Canada. How it will work in practice remains to be seen.

 

[soewitas]

Thank you. All of us live in Canada and we are just travelling to LA.

 

[nkam]

if PRs can board a flight to Canada with exmpted passports, what happens when checking in if PR card expired? isn;t it more of trouble at CBSA than at the time of boarding the flight?

 

[dpenabill]

if PRs can board a flight to Canada with exmpted passports, what happens when checking in if PR card expired? isn;t it more of trouble at CBSA than at the time of boarding the flight?

Depends on the particulars.

PRs not in compliance with the PR Residency Obligation (or who have cut it close) are, of course, at higher risk for RO examination and, if determined to be in breach of the PR RO then reported for inadmissibility.

PRs without admissibility issues, however, should encounter no more than a bit of additional questioning, no real problems. Once identified as a PR, the individual is entitled to enter Canada. An expired PR card is not sufficient proof of PR status, but it is evidence of PR status and relatively easily verified by the POE authorities. Even a CoPR, or even a copy of the CoPR can help make the POE interaction go more smoothly for a PR returning to Canada not in possession of a currently valid PR card or PR TD.

In the meantime, the capacity of PRs to board flights to Canada by displaying a visa-exempt passport is ending (some question mark about U.S. citizens), if not by next week for certain, in the next six months for certain.

 

[kateg]

if PRs can board a flight to Canada with exmpted passports, what happens when checking in if PR card expired? isn;t it more of trouble at CBSA than at the time of boarding the flight?

Legally, it makes little difference to the CBSA. If you are violating the RO, you can lose PR (even if your card is still valid). You have right of entry, so if you are in compliance with the RO, an expired card doesn't really matter.

Pragmatically, the officers are more likely to question you about your residency if you have an expired card. If you have (for example) been accompanying a citizen spouse, they likely won't refer you no matter how expired your card is. If you only landed and spent three days in Canada, and are now returning, it's highly likely you will get referred.