Implied/Presumptive Status and CBSA

[Underhill]

Can anyone here clarify if ‘implied/presumptive status’ is actually a thing? I’m an inland PR + OWP spousal sponsorship applicant without an AOR (yet). I’m a US citizen from a geographically unique location, so cross-border land crossing (post application) was pretty often and common.

Crossing back into Canada in the early days of Covid restrictions was pretty easy, as I’m married to a Canadian Citizen, but I was always asked at the crossing “Do you have any status in Canada?”. I would respond that I’ve applied inland PR + OWP blah blah blah, to which they would always respond that’s not a thing. I would always ask if this gives me some sort of implied/presumptive status and they would consistently respond that that’s not a real thing either. Canadian passport or PR card in-hand was Canadian status. Period. A full copy of my PR application with proof of delivery date (and even if I had an AOR) meant absolutely nothing to CBSA.

I always got through, and these interactions were always friendly and helpful, but with the newly added travel restrictions being implemented now I’m not sure being an inland PR + OWP applicant is enough to get back into Canada.

So, is ‘implied/presumptive status’ an actual Canadian legal term? Or is it just a hopeful term we applicants here use to feel more hopeful?

 

[Buletruck]

You’re still a foreign national. Best thing would be to call CBSA at the point of entry you usually use and ask for a determination. There are mixed reports about entry currently, but CBSA has issued their own information on essential travel.

 

[scylla]

Can anyone here clarify if ‘implied/presumptive status’ is actually a thing? I’m an inland PR + OWP spousal sponsorship applicant without an AOR (yet). I’m a US citizen from a geographically unique location, so cross-border land crossing (post application) was pretty often and common.

Crossing back into Canada in the early days of Covid restrictions was pretty easy, as I’m married to a Canadian Citizen, but I was always asked at the crossing “Do you have any status in Canada?”. I would respond that I’ve applied inland PR + OWP blah blah blah, to which they would always respond that’s not a thing. I would always ask if this gives me some sort of implied/presumptive status and they would consistently respond that that’s not a real thing either. Canadian passport or PR card in-hand was Canadian status. Period. A full copy of my PR application with proof of delivery date (and even if I had an AOR) meant absolutely nothing to CBSA.

I always got through, and these interactions were always friendly and helpful, but with the newly added travel restrictions being implemented now I’m not sure being an inland PR + OWP applicant is enough to get back into Canada.

So, is ‘implied/presumptive status’ an actual Canadian legal term? Or is it just a hopeful term we applicants here use to feel more hopeful?

Yes - it's a real thing.

However you lose implied status once you leave Canada.

Correct that inland PR + OWP does not guaranteed re-entery. It never did. Even before COVID-19.

 

[Underhill]

You’re still a foreign national. Best thing would be to call CBSA at the point of entry you usually use and ask for a determination. There are mixed reports about entry currently, but CBSA has issued their own information on essential travel.

This is a tricky one, as an answer you get from one CBSA officer might be completely different from the officer you deal with re-entering Canada hours later. Best to ask a Superintendant and get his/her business card before leaving Canada. By no means a guarantee, but could help. Thanks.

 

[Underhill]

Yes - it's a real thing.

However you lose implied status once you leave Canada.

Correct that inland PR + OWP does not guaranteed re-entery. It never did. Even before COVID-19.

Ah, got it. This makes sense.

I guess the moral of the story for now is to sit tight and wait this out in Canada.

Thanks for the clarification.

 

[canuck78]

Ah, got it. This makes sense.

I guess the moral of the story for now is to sit tight and wait this out in Canada.

Thanks for the clarification.

This was true even before covid. You were never guaranteed reentry as soon as you left Canada.