Need help about the "Accompanying a Canadian citizen outside". How does it work?

[steaky]

@ dpenabill: How wrong is it when this poster kind of agreeing to what I had said :

So to conclude:

1) Still seems to be possible (or at least not uniformly enforced otherwise) to travel US --> Canada with a US passport and no PR card (or equivalent/replacement doc).

@ Ponga: Thanks!

 

[dpenabill]

In general: Just because every day literally thousands of vehicles travel 20 to 40k over the speed limit in the Niagara Region and GTA, on the QEW and the 401, without being stopped by OPP, does not warrant advising someone that they "can" drive 130k or 140k on these highways. They may, but at their own risk.

What follows has been explained more than a few times. But the queries and challenges recur, so here goes again (with formal and official sources cited at the end).

@ dpenabill: How wrong is it when this poster kind of agreeing to what I had said :

Your post essentially asserted that a PR with a U.S. passport can board a plane using just a U.S. passport, as if that complies with the rules. It does not.

Actually, while such a PR may be allowed to board a plane to Canada just presenting a U.S. passport, the actual rule requires ALL PRs to present either a PR card or PR Travel Document. In effect, a PR with a U.S. passport may be allowed to board a flight to Canada with just the U.S. passport, but only so long as the applicable rule is NOT being enforced.

In the past there was little risk the rule would be enforced. This appears to have been true even for those PRs with a passport from some other visa-exempt country. Some airlines (like Air Canada) appear to even have had an explicit policy to not enforce the PR rule for visa-exempt passengers.

For the last several months, however, IRCC has been broadcasting that the rule for PRs will be enforced. A caution to this effect is now highlighted at the very top of IRCC's web page with general information for new Permanent Residents. (see http://www.cic.gc.ca/english/newcomers/about-pr.asp )

Given that some of the changes are still in flux, however, it is unclear when for sure the rule will be fully enforced. Moreover, it is not entirely clear whether, in practice, the rule will be fully enforced for PRs who are U.S. citizens boarding flights originating in the U.S.

But the rule is what it is, and there is no formal exemption or exception for PRs who are U.S. citizens.

Thus, it is not true that PRs who are U.S. citizens are entitled to board a flight to Canada by presenting their U.S. passports. It can happen. It does happen. It may continue to happen But there is no guarantee that the next time a PR is flying from the U.S. to Canada the rule requiring a PR card or PR TD will not be enforced, even for a U.S. citizen.

The experience reported by ExpatProf simply confirms that it is still possible the actual rule might not be enforced against a PR with a U.S. passport boarding a flight originating in the U.S.

In this regard, note my response to the query by ExpatProf in particular, about boarding a flight originating in the U.S.; I specifically stated (before ExpatProf received the new PR card and before making the trip):

My best guess is that for a flight departing the U.S. for Canada, a U.S. passport gets an easy pass. Personally I would probably chance it, and I am not much of a risk taker (these days).

And, indeed, my best guess was ExpatProf would get an easy pass. I explicitly said that even I, being someone at a very risk-averse stage in life, was confident enough of getting a pass displaying just a U.S. passport, that I would chance it.

But again, the actual rule itself requires ALL PRs to present a PR card or PR TD, regardless which passport they carry. No exception or exemption for U.S. citizens.




Formal Sources:

Formal sources (IRCC web pages) explicitly stating that PRs must present PR card or PR TD to board flight to Canada:

http://www.cic.gc.ca/english/newcomers/about-pr.asp IRCC web page titled "Understand permanent resident status"

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1050&top=16 (FAQ answer stating PRs are not required to have, and are not eligible for, eTA, explicitly states rule for PRs: PR card or PR TD)


The operational manual ENF 4 "Port of entry examinations" -- see link to Enforcement manuals at http://www.cic.gc.ca/english/resources/manuals/index.asp
In subsection 11.6 it reiterates that the only prescribed documents (for boarding a commercial carriers carrying passengers to Canada) for PRs are the PR card or the PR TD


Official Sources:

IRPA section 148(1)(a) at http://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-25.html#h-79
It is section 148(1)(a) in IRPA (the Immigration and Refugee Protection Act)
which prohibits commercial transporters from carrying to Canada a person
who does not hold a prescribed document.

IRPA Regulation 259 at http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-52.html#h-142
It is subsections 259(a) and 259(f) which specify that a PR TD and PR card, respectively, are prescribed documents.

IRPA section 31 at http://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-8.html#h-20
The regulation (IRPA Regulation 259) refers to this section, 31(1) specifies a "status document" which is what the PR card is, and 31(3) governs the issuance of a PR Travel Document.


Additional resources: there is a lot of information at CBSA and IRCC websites regarding API (Advance Passenger Information) and the IAPI system (Interactive Advance Passenger Information system), and the implementation of eTA (which first required full implementation of the IAPI system for eTA requirements to work). As oft noted, eTA really has nothing to do with PRs, but the expanded enforcement of the PR rule is collateral to the implementation of the IAPI system.

Note too that IRCC is now also cautioning that dual citizens will similarly need a Canadian passport to board flights to Canada, regardless what other passport they carry; the caution says this will be in effect as of this fall . see http://www.cic.gc.ca/english/visit/dual-canadian-citizens.asp

 

[Kraretto]

Many thanks to all of your advises and I finally got my PRTD today. Because I have some personal issues and I didnt come back to Canada for 19 years, finally, I plan to come back in this summer.

Again, thanks to all.