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Re-entering Canada from USA without PR Card

raghdaa91

Newbie
Oct 1, 2014
8
0
Hi everyone,

My husband recently landed (2 months ago) and his PR card is not out yet, even though we are past the processing time they said to wait another 6 weeks for delivery.

He had to leave to the US for a short business trip (3 days).

When re-entering Canada by private vehicle, can he enter with the landing document/confirmation of PR?

The cic website mentions that NEXUS and FAST members can enter without the PR card, but my husband is not a member of either.

Awaiting your kind reply
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
raghdaa91 said:
When re-entering Canada by private vehicle, can he enter with the landing document/confirmation of PR?
Yes, CBSA can easily determine his PR status using just passport and COPR. A PR card is not required.
 

raghdaa91

Newbie
Oct 1, 2014
8
0
Thank you so much for your reply, really appreciate it :)


As a side question, I am really curious as to how come the same cannot happen for air or commercial travel? If the CBSA can determine his PR status, why cannot they determine it at the airport for example using his passport and COPR?
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
CBSA can always confirm a person's status if they manage to get to the POE. It is the commercial carrier (airline, ferry, bus etc.) that cannot confirm a person's PR status and can therefore cause a problem in travelling.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
raghdaa91 said:
Thank you so much for your reply, really appreciate it :)


As a side question, I am really curious as to how come the same cannot happen for air or commercial travel? If the CBSA can determine his PR status, why cannot they determine it at the airport for example using his passport and COPR?
CBSA can access a lot of data that is confidential to Canada. They will not allow random airlines to have access to the same info. Just having an old COPR does not show if the person is still a PR or not, also there is no picture on the COPR so it is not suitable for travel purposes.

Canada wants to keep this simple for the airlines so they tell them a PR must show only a valid PR card or a PR Travel Document in order to be allowed boarding.
 

dpenabill

VIP Member
Apr 2, 2010
6,294
3,059
There is an aspect of the difference between what travel documents are required to board a commercial carrier headed to Canada, versus what is required at the PoE, which involves well-known standards but which are seldom discussed in this context:

-- At the PoE: the government is limited in what it can impose on Canadians at a PoE. Canadian citizens have a charter right to enter Canada. Canadian PRs have a statutory entitlement to enter Canada. CBSA cannot unduly restrict either of these rights. Thus, once a person is identified as a Canadian, either a citizen or PR, CBSA must allow entry.

-- Regulation of commercial carriers: the scope of powers to regulate commercial carriers is far broader and (in so far as the law has been interpreted and applied so far) does not invoke the respective entry rights of citizens and PRs since the rules do not directly restrict or limit actual entry into Canada.

I do not know if anyone has ever challenged this. It is at least arguable that these restrictions unduly impede a PR's right to enter Canada, by in practice impeding the PR's capacity to reach Canada. But my guess is that the courts would quickly reject this argument based on the governmental interest in regulating commercial traffic coming to Canada.

In any event, bottom-line is that the government exercises broader power to restrict who can board a commercial carrier headed to Canada than it has to restrict either citizens or PRs from entering Canada. Thus, in particular, any evidence (rather than a particular document) which suffices to establish a person's identity and status (as citizen or PR) requires CBSA to allow entry. In contrast, to board a flight headed to Canada, very specific documents, certain "prescribed documents," must be presented in order to be allowed to board the flight.

Going forward, airlines do not do the screening of passengers independently, but rather all passengers' information (API) must be submitted to the IAPI system and a boarding pass will be issued only if the IAPI system (operated by CBSA) provides clearance. Indeed, IRCC is cautioning even Canadian citizens, who are also the citizen of another country, that by fall even they will not be allowed to board a flight to Canada without a proper Canadian passport or Canadian Travel Document, regardless what other passport they carry. (Whether this actually will be enforced against those who are dual U.S. and Canadian citizens is uncertain. It is clear the plan is to enforce it for dual citizens with a visa-exempt passport from another country.)
 

coyg21

Newbie
Apr 20, 2016
5
1
Can I re-enter Canada through the Land border with CoPR document and passport from India (transportation through a rental car)? My PR landing was in the first week of April and I would have to travel to the US for a few days. The PR card will take 6 weeks to be sent to my home address in Canada.
 

coyg21

Newbie
Apr 20, 2016
5
1
raghdaa91 said:
Hi, was your husband able to return to Canada with no issues (assuming the passport's from a country which requires some kind of visa to enter Canada like the Indian passport) ? Let me know, thanks for the prompt feedback.