gjfst said:
Sorry i don't want to correct you but according to this gov site you can't .
The problem with this site is that it actually is discussing the problem of
travel. As long as you can get back to the POE, you don't need a PR Card. Commercial carriers are only going to allow you to travel to Canada if you are visa-exempt or you have a valid travel document, such as a PRTD or PR Card.
However, ENF 4 "Port of Entry Examinations" - the processing guide used by CBSA officers at the POE is rather clear on this point:
The permanent resident card is the only valid proof of permanent resident status in Canada.
The following documents are satisfactory indicators of permanent residence:
• the original Record of Landing:
• a certified true copy of a Record of Landing document issued by CIC National Headquarters;
• a letter issued by CIC National Headquarters verifying permanent residence;
• a passport duly stamped showing the date on which permanent residence was granted, if the
person was granted permanent resident status before 1973; and
• a Confirmation of Permanent Residence document [IMM 5292B].
Notice the careful language used here:
The permanent resident card is the only valid proof of permanent resident status in Canada.
Yet, it goes on to say "but hey, these other things are satisfactory":
Thus, a commercial carrier will only accept the PR card. But a BSO will accept a much broader range of evidence. Further, the next section in ENF 4 (11.3) covers an interesting case:
11.3. Establishing permanent resident status without documents
BSOs at ports of entry have the discretion to authorize the entry of permanent residents, even in
the absence of documentation. If documentary evidence is not available, the BSO at Immigration
Secondary must establish the person’s permanent resident status through questioning and
checking the person’s status in FOSS. The status of persons who became permanent residents
before 1973 has to be verified by contacting the Query Response Centre at National
Headquarters at: QRC@cic.gc.ca.
Once a BSO is satisfied that a person is a permanent resident, the examination should be
concluded and the person should be allowed to enter Canada without delay.
(emphasis added)
The law actually says "a permanent resident has the right of entry into Canada". The reason this isn't 100% clear is because the law doesn't establish precisely how one determines this fact. They have a rule that says "passengers who are refused by commercial carriers are liable for the costs of returning those passengers and are subject to a fine." Thus, commercial carriers will be much more strict in their enforcement of the rule because of their own liability.
11. Examining permanent residents at ports of entry
A2(1) defines a permanent resident as a person who:
• has acquired permanent resident status; and
• has not subsequently lost that status under section A46.
11.1. Rights of permanent residents
A27(1) provides that a permanent resident has the right to enter and remain in Canada subject to
the provisions of the Act.
A19(2) requires an officer to allow a permanent resident to enter Canada if satisfied following an
examination on their entry that they have that status.
Permanent residents who are under enforcement proceedings keep their permanent resident
status and retain the right to enter Canada until a final determination of their loss of status has
been made.
These are citations (again from ENF 4) directly to the laws. If a BSO were to refuse someone who turns out to be a PR, their refusal would be unlawful.
So note the carefully crafted language in your original citation:
These documents are not valid for travel back to Canada. You require a valid PR card or a valid permanent resident travel document (PRTD) to re-enter Canada by train, plane, boat or bus.
This is absolutely true. But as long as you can get to the border, you'll be able to use your COPR to gain re-entry. Heck, under certain circumstances the BSO can allow you in without any documentation at all!
I have to travel to the US later this week. I won't have a PR card for my return, but I'm not actually sweating this - I'm on a US passport (hence visa exempt) and in fact the only time I'll show my
passport is at the airline ticket counter - I'll use my Nexus card to clear immigration. So I don't even expect a BSO to look at my COPR at that point.
gjfst said:
CG congratulations for your LANDING!
Thanks! Hope everyone still waiting lands soon too!
