Crossing border just after midnight

[screech339]

CBSA only know you are physically on Canadian soil (not airspace) and is thus the only practically conclusive reference point for residence when you show up at the immigration booth....working off airspace times is a needless and unnecessary exercise...what if your plane gets re-routed for bad weather to the US....were you in Canada for a day?

As for your last question, you were not in Canada for a day if plane landed and re-routed to US after landing on Canada soil and you didn't get off the plane or only sent to international section of the airport terminal.

Screech339

 

[Msafiri]

As for your last question, you were not in Canada for a day if plane landed and re-routed to US after on Canada soil.

Screech339

I'm commenting in reference to entering Canadian air space (east coast) at 10 pm then re-routing at say 00:30 am out to the US with landing for arguments sake at JFK. If you go down the airspace routing scenario it would be a mess...when you show up at the booth and get stamped/ processed is the correct answer and it seems we agree on this.

 

[links18]

Here's one: You are on your way to the US, you go through US pre-clearance Customs at 11:30 PM, but you are sitting in Pearson until 12:30 Am the next morning until the plane leaves. Technically, even after you have gone through US customs, you are on Canadian soil and subject to Canadian law.

 

[YorkFactory]

You were in no-man's land (international territory) until you entered Canada custom with passport.

This isn't true. When you're crossing the Peace Bridge, for example, you are either in the U.S. or in Canada at all times. There is never a point at which you are in neither country. (Think about it: if you committed a crime somewhere along the bridge, which country's courts would have jurisdiction over you? The answer is not "neither.")

I actually claimed a day less in Canada than I possibly could have because I entered the U.S. just before midnight once, but I didn't actually get though customs for close to two hours after that, so the U.S. has my arrival occurring the day after it actually occurred. If this had happened in reverse, I would be totally justified in claiming that I had entered Canada before midnight.

 

[screech339]

This isn't true. When you're crossing the Peace Bridge, for example, you are either in the U.S. or in Canada at all times. There is never a point at which you are in neither country. (Think about it: if you committed a crime somewhere along the bridge, which country's courts would have jurisdiction over you? The answer is not "neither.")

I actually claimed a day less in Canada than I possibly could have because I entered the U.S. just before midnight once, but I didn't actually get though customs for close to two hours after that, so the U.S. has my arrival occurring the day after it actually occurred. If this had happened in reverse, I would be totally justified in claiming that I had entered Canada before midnight.

You made my point. Since Canada and US are sharing exit/entrance controls, Canada will have you listed as entering US 2am the next day despite you were waiting since before midnight at customs. Canada didn't record you leaving Canada until you enter US at 2am. A time when your passport was process.

if you walked out on the peace bridge and half way turned around back to Canada, Canada border will notice that you didn't actually enter US since they will not get the US entrance record. Not sure how the border agent interpret this on your record. Did you actually leave Canada, technically you didn't.

It is no difference from a person in a canoe in the thousand island. You are allowed to be on the Canadian side on the water so long as you didn't set your foot on the soil. You didn't officially land in Canada until you step out of your canoe and place your foot on dry land. I know this because I had an American friends telling me they canoed the thousand islands waters and they were told they can "still be in the US" on the Canadian shoreline so long as they don't step off.

Screech339

 

[YorkFactory]

You made my point. Since Canada and US are sharing exit/entrance controls, Canada will have you listed as entering US 2am the next day despite you were waiting since before midnight at customs. Canada didn't record you leaving Canada until you enter US at 2am. A time when your passport was process.

if you walked out on the peace bridge and half way turned around back to Canada, Canada border will notice that you didn't actually enter US since they will not get the US entrance record. Not sure how the border agent interpret this on your record. Did you actually leave Canada, technically you didn't.

And it would be completely accurate to claim that I hadn't left Canada in that case.

If I'm sitting in a car that's on Canadian soil, I'm physically present in Canada. It doesn't matter if I'm waiting in line; I'm no longer in the U.S. once I cross onto Canadian soil and into Canadian jurisdiction, regardless of whether they've scanned my passport.

 

[screech339]

And it would be completely accurate to claim that I hadn't left Canada in that case.

If I'm sitting in a car that's on Canadian soil, I'm physically present in Canada. It doesn't matter if I'm waiting in line; I'm no longer in the U.S. once I cross onto Canadian soil and into Canadian jurisdiction, regardless of whether they've scanned my passport.

The difference in the canoe example is that you bypassed the border control. So you illegally entered Canada.

Whereas you in a car waiting on the bridge to Canada can't really turn around in the middle of the bridge back where you came from, can you. You are in process of going through proper channels or motions of entering Canada even though you are on "canada" side of the bridge.

Screech339

 

[janoo]

To avoid any confusion and possible for delay in process of your application whenever

you applied for Canada Citizenship you may add at least 2-3 week extra i.e. instead

of 1095 days applied 1120 days will be safe enough...

Take good care of your presence in Canada to avoid RQ , and enter your

application into non- routine..