Right to Enter Canada

[MisterP]

If a PR TD application has been denied for not meeting the PR Residency Obligation, there is an inadmissibility issue. The decision itself is a determination that the PR is inadmissible due to the breach of the PR RO.

"Inadmissibility" is a status and does not directly mean the individual will not be allowed to physically enter Canada. And, indeed, so long as the individual remains a PR, that individual is entitled to physically enter Canada, even if he or she is "inadmissible."

After a PR TD application has been denied, that individual remains a PR for the time period in which an appeal can be made. That is currently 60 days. If an appeal is properly made during that period of time, this individual remains a PR for as long as the appeal is pending. However, during this time period the PR has inadmissible status, which again does NOT preclude entering or staying in Canada, but also cannot gain credit toward PR RO compliance.

Thus, if a PR who has been denied a PR TD can nonetheless travel to and arrive at a PoE into Canada, before the expiration of time period in which to make the appeal, or while an appeal is pending, that PR will be entitled to physically enter Canada.

For clarity, the appeal I am referring to is the appeal by right to the IAD, which is an administrative or quasi-judicial process. The IAD acts like a court, a reviewing court, but it is not a formal "Court" as such.

In particular, I am not sure what "appeal period of 30 days" you are referring to (last I looked, the time within which a denied PR TD may be appealed is 60 days).

I am also not sure what "Court" you are referring to. (Again, an appeal of a PR TD takes the matter to the IAD.)

If, for example, you are referring to a case where a PR was denied a PR TD, made an appeal to the IAD, and then lost that decision and you are referring to the time to make an application to the Federal Court for judicial review, I do not know the individual's status during that period of time.


Being "stopped at PoE:"

All travelers are stopped at the PoE, even though briefly (very briefly for Nexus travelers for example, barely a stop at all but sufficient for electronic chip to be read). The nature and duration of the stop varies considerably.

The most common and biggest distinction involves a referral to Secondary, which is an examination following the PIL (Primary Inspection Line) step. The PIL exchange (usually at booth if the crossing is made by car) is brief for most, little more than presentation of Travel Document to show identity and status, some perfunctory questions, then a waive through. If the PIL officer identifies more complex immigration issues, there is a referral for a Secondary Examination.

Anyone, everyone, can be referred to Secondary for a further examination. Including Canadian citizens. Once a traveler is properly identified as a Canadian, however, that person is entitled to enter Canada. PRs are Canadians, and thus once identified as a PR they are entitled to enter Canada. Even if they are "inadmissible." (Again, "inadmissibility" is a status; inadmissible PRs are still Canadians, still entitled to enter; inadmissible FNs, in contrast, have no right of entry and thus their inadmissibility will ordinarily mean they will not be allowed to enter Canada, not without some kind of waiver.)

Nonetheless, the CBSA immigration officer in Secondary can conduct an examination of a PR regarding compliance with the PR RO. For a PR determined to be in breach of the PR RO, thus inadmissible, a 44(1) Inadmissibility Report is issued, to be followed by a Departure Order. Since the PR has a right of appeal, the PR remains a Canadian and can then enter Canada. The time within which that appeal needs to be made is 30 days (as I recall). That individual loses PR status at the end of that time unless the appeal is made.

For a PR who already has a PR TD denied, there will likely be a referral to Secondary, the event will be documented in FOSS, the PR will probably be advised and/or admonished about his or her status. If no appeal has been made yet (and it is still during the time in which the appeal can be made), the PR will likely be admonished that PR status will be lost and the PR must depart Canada accordingly. In this scenario, it may be possible that a 44(1) Report and Departure Order is issued, despite the fact that a PR TD application has already been denied. If the PR has already made the appeal, before arriving at the PoE to enter Canada, the PR will likely be informed or admonished to some extent about his or her status.

Note: even if the PR is waived into Canada without a Secondary examination, if a PR TD application has been denied the PR must appeal that decision or PR status will be lost. Once a PR TD is denied, to keep PR status the PR must appeal and win the appeal. Thus, even if the PR comes to Canada and is waived to enter Canada, this is not a situation in which the PR can then live in Canada for two years and cure the breach of the PR RO. In this scenario, PR status is lost unless the PR appeals and wins the appeal.

How do you allow airlines to give you the right to enter Canada when you have failed PRTD? This is the part I dont get. Is there another document that you can get to show the Airlines?

 

[MisterP]

Long story short, until your PR status is officially revoked you are still determined to be a PR so have the right to enter Canada as one.

How do you satisfy the Airlines of thi "Right To Enter Canada" without PRTD?

 

[Bs65]

How do you satisfy the Airlines of thi "Right To Enter Canada" without PRTD?

Airlines are only responsible for ensuring at checkin that anyone they allow to board has a valid passport, valid visa if not visa exempt, a valid ETA if visa exempt, a Valid PR card or PRTD if a PR , they have no authority to decide if someone has a right to enter Canada that decision can only be made by CBSA on arrival.

If these basic conditions are not met the airline should refuse checkin/ boarding given if they do not they risk being fined should an individual arrive having travelled without valid documentation.

So a PR without a valid PR card or a PRTD should not be able to get past the airline checkin stage if the process is followed correctly, the airline having a board/no board message displayed to the checkin agent. Only if a PR manages to get to a Canadian POE then as a PR they have right to enter, generally only possible via the US border without a card or PRTD unless as said the airline fails to follow process.

 

[MisterP]

Airlines are only responsible for ensuring at checkin that anyone they allow to board has a valid passport, valid visa if not visa exempt, a valid ETA if visa exempt, a Valid PR card or PRTD if a PR , they have no authority to decide if someone has a right to enter Canada that decision can only be made by CBSA on arrival.

If these basic conditions are not met the airline should refuse checkin/ boarding given if they do not they risk being fined should an individual arrive having travelled without valid documentation.

So a PR without a valid PR card or a PRTD should not be able to get past the airline checkin stage if the process is followed correctly, the airline having a board/no board message displayed to the checkin agent. Only if a PR manages to get to a Canadian POE then as a PR they have right to enter, generally only possible via the US border without a card or PRTD unless as said the airline fails to follow process.

I guess this Right To Enter Canada only benefits those who have will be allowed to fly into North America (Usa or Canada). I was thinking that tge embassy would have an option for those who normally wont have this USA entrance option.

 

[jddd]

I guess this Right To Enter Canada only benefits those who have will be allowed to fly into North America (Usa or Canada). I was thinking that tge embassy would have an option for those who normally wont have this USA entrance option.

In my opinion, the embassy does not have the obligation to ensure everyone who does not have PR card or PRTD (especially those with RO issues) can enter Canada. We are, after all, adults who need to be responsible for our actions.

If our PR card is expiring, we should know when to apply and do so.

If we don't meet RO, that is also our choice.

The embassy has enough work to do. Just because we have the right to enter as PR does not mean they should be the ones facilitating how we get back.

 

[zardoz]

I guess this Right To Enter Canada only benefits those who have will be allowed to fly into North America (Usa or Canada). I was thinking that tge embassy would have an option for those who normally wont have this USA entrance option.

Don't confuse the "Right to enter Canada" (which is a border issue) with the "Authority to travel" (which is a carrier issue).
The way it works in practice is that a PRTD is issued to a PR, even if found in non-compliance with the RO, if they have been physically in Canada within the past year. This is so that they can appeal in Canada. This PRTD would be coded as RX-1.
https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf23-eng.pdf - Section 3 (page 8)

 

[MisterP]

In my opinion, the embassy does not have the obligation to ensure everyone who does not have PR card or PRTD (especially those with RO issues) can enter Canada. We are, after all, adults who need to be responsible for our actions.

If our PR card is expiring, we should know when to apply and do so.

If we don't meet RO, that is also our choice.

The embassy has enough work to do. Just because we have the right to enter as PR does not mean they should be the ones facilitating how we get back.

Very True. no excuse for forgetting to renew. There are many things that have expiry dates that require renewals . Unfortunately some of them are not the documents you use day in and day out to remember.

Its true when they say when you have children that you live fir them and they are priorities. We been living busy lives most recently mentally concentrating on arrangements and needs for our son at which also included on expanding on our competence to further secure financial opportunities.

We dont have all the time in the world to remember everything.

I guess that's why there are assigned departments in Embassy to handle needs of Permanent Residence to return to Canada. Especially for those ones who contribute to the country.

 

[jddd]

Very True. no excuse for forgetting to renew. There are many things that have expiry dates that require renewals . Unfortunately some of them are not the documents you use day in and day out to remember.

Its true when they say when you have children that you live fir them and they are priorities. We been living busy lives most recently mentally concentrating on arrangements and needs for our son at which also included on expanding on our competence to further secure financial opportunities.

We dont have all the time in the world to remember everything.

I guess that's why there are assigned departments in Embassy to handle needs of Permanent Residence to return to Canada. Especially for those ones who contribute to the country.

I agree that we all do not have the brain capacity to remember everything but I guess that’s what calendars and reminders are for. I think that most of us (I myself have 3 children) are busy with ensuring they are well supported but the point remains that IRCC is not obligated to give us what we want just because we are busy. They too are busy, taking care of multiple cases. We cannot put the burden on them and blame them for what we forgot. They too are human with protocols to follow.

If they give everyone who contribute to the community leniency everytime we ask, nothing will be completed and people will be so complacent knowing “oh they will do it for me anyway” and will get used to not looking at ETAs or expecting too much from them.

 

[MisterP]

I agree that we all do not have the brain capacity to remember everything but I guess that’s what calendars and reminders are for. I think that most of us (I myself have 3 children) are busy with ensuring they are well supported but the point remains that IRCC is not obligated to give us what we want just because we are busy. They too are busy, taking care of multiple cases. We cannot put the burden on them and blame them for what we forgot. They too are human with protocols to follow.

If they give everyone who contribute to the community leniency everytime we ask, nothing will be completed and people will be so complacent knowing “oh they will do it for me anyway” and will get used to not looking at ETAs or expecting too much from them.

seems from reading on here and elsewhere that the burden is not much on the expire's but more so on the the applicants where were clearly told they must live Canada but decide to clearly outright live abroad for years, then tie up the Embassy with their claims.

If you read instructions from Canadian Immigration CIC, you see that they clearly state that if your PR has expired or will expire while you are abroad that you must apply for PRTD as soon as tou reach your destination. If tis was such the burden problem, I dont think they would still encourage you to travel and then apply.

They Do Not say "Dont go anywhere until you renew"

To All PR's They say to make sure you you live in Canada. But they do not say to keep record of your day to day evidence of being present in Canada.

 

[jddd]

seems from reading on here and elsewhere that the burden is not much on the expire's but more so on the the applicants where were clearly told they must live Canada but decide to clearly outright live abroad for years, then tie up the Embassy with their claims.

If you read instructions from Canadian Immigration CIC, you see that they clearly state that if your PR has expired or will expire while you are abroad that you must apply for PRTD as soon as tou reach your destination. If tis was such the burden problem, I dont think they would still encourage you to travel and then apply.

They Do Not say "Dont go anywhere until you renew"

To All PR's They say to make sure you you live in Canada. But they do not say to keep record of your day to day evidence of being present in Canada.

I think the reason why a PRTD is available is due to them knowing there will be uncontrollable/emergency circumstances and not because we are encouraged not to have a valid PR card whenever we travel. Like you said, sometimes we just get too busy with life, maybe we didn't expect to be travelling any time soon and then we suddenly need to and all we can do is resort to a PRTD.

I for one benefited from a PRTD, I landed in Canada and was immediately called by my father to go back because of a business emergency. I ended up having to go home and had proof of the emergency when I submitted my PRTD application just to be sure. I got it in 4 days.

In terms of the day to day evidence, I don't think it goes so deep as to need daily evidence. The fact is, if we are truly living in Canada, then it is inevitable for us to have evidence: phone bills, pay stubs, etc. The people who have a hard time with evidence are those who really did not stay in Canada.

 

[MisterP]

I think the reason why a PRTD is available is due to them knowing there will be uncontrollable/emergency circumstances and not because we are encouraged not to have a valid PR card whenever we travel. Like you said, sometimes we just get too busy with life, maybe we didn't expect to be travelling any time soon and then we suddenly need to and all we can do is resort to a PRTD.

I for one benefited from a PRTD, I landed in Canada and was immediately called by my father to go back because of a business emergency. I ended up having to go home and had proof of the emergency when I submitted my PRTD application just to be sure. I got it in 4 days.

In terms of the day to day evidence, I don't think it goes so deep as to need daily evidence. The fact is, if we are truly living in Canada, then it is inevitable for us to have evidence: phone bills, pay stubs, etc. The people who have a hard time with evidence are those who really did not stay in Canada.

What worries me about her current application is that the additional documents that they requested her to send in Dont normally show evidence of day to day living in Canada;

-Job Letter
(Just started doing fulltime 2017)
(Have parttime letter for since 2016)
(Had risk pregancy 2015 causing no chance work)

-Tax Returns Summary (NOA)

-Travel Boarding Passes
(dont have for 2014-jan2015 & 2016 travels)

-Passport stamped pages
(Not always stamped on arrivals)

What makes it more difficult is trying to access your documents while you are out of the country. She had me going threw her things for her. to get some wvidence at some places you would need to be the actual individual inquiring about it in person.

She has cell phone bills. Im not sire how they look at that. and they they want bank records. most of tge time it ATM transactions and not sure how many pages they need to show "day by day" living. She only been paying Rogers cable bill since 2016 , most time paying online.

 

[jddd]

What worries me about her current application is that the additional documents that they requested her to send in Dont normally show evidence of day to day living in Canada;

-Job Letter
(Just started doing fulltime 2017)
(Have parttime letter for since 2016)
(Had risk pregancy 2015 causing no chance work)

-Tax Returns Summary (NOA)

-Travel Boarding Passes
(dont have for 2014-jan2015 & 2016 travels)

-Passport stamped pages
(Not always stamped on arrivals)

What makes it more difficult is trying to access your documents while you are out of the country. She had me going threw her things for her. to get some wvidence at some places you would need to be the actual individual inquiring about it in person.

She has cell phone bills. Im not sire how they look at that. and they they want bank records. most of tge time it ATM transactions and not sure how many pages they need to show "day by day" living. She only been paying Rogers cable bill since 2016 , most time paying online.

I’m confused. I went through this whole thread and this is the first time you’ve posted this. I only replied to your comment on the USA option not being available to anyone and we’ve gone back and forth from there.

Nevertheless, if the embassy is asking for it and you do not have it, then the most logical thing is to gather everything you can that proves the person was in Canada. In terms of bank statements, give them everything you have. Phone bills, the same, make sure it is the person’s personal phone number and that there is proof it is her number. The documents you don’t have, write a letter to explain why you don’t have them. In 2015, even if she was not working, there was a baby right? Records of doctors appointments maybe? Because surely the baby was checked out regularly after birth? Vaccinated? I don’t know what country she is from but if you know what the airlines are, maybe ask them to resend the itineraries? Fact is, as long as she met RO, she will be fine. Because when you truly live somewhere, it is impossible not to have left some kind of footprint. You just have to find them.

 

[MisterP]

I’m confused. I went through this whole thread and this is the first time you’ve posted this. I only replied to your comment on the USA option not being available to anyone and we’ve gone back and forth from there.

Nevertheless, if the embassy is asking for it and you do not have it, then the most logical thing is to gather everything you can that proves the person was in Canada. In terms of bank statements, give them everything you have. Phone bills, the same, make sure it is the person’s personal phone number and that there is proof it is her number. The documents you don’t have, write a letter to explain why you don’t have them. In 2015, even if she was not working, there was a baby right? Records of doctors appointments maybe? Because surely the baby was checked out regularly after birth? Vaccinated? I don’t know what country she is from but if you know what the airlines are, maybe ask them to resend the itineraries? Fact is, as long as she met RO, she will be fine. Because when you truly live somewhere, it is impossible not to have left some kind of footprint. You just have to find them.

I just wish they had asked for things they know shows detail. We thought it was a time sensitive thing and just quickly gathered up what they asked for in one week (Feb 22 2019) ..if it wasn't for waiting for the job letter , we would have had everything in sent in 3 days. One week later i realized i missed one of the stamped pages in her old passport ( which is here in Canada with me) and she resent the the email again (but with this added page). Feb 28 2019

She said to me that the email said not to continue sending any further documents.. Because 3 weeks had passed by with no answer, we decided to ask Lawyer for advice. Lawyer says it shouldn't be taking soo long. Lawyer asked for everything we sent it and said she will write to the consulate with reasons why my wife shouldn't be waiting so long (child needs to return to daycare, enroll in school system) .. Lawyer She say she will contact MP as well. This was on Thursday March 21 2019.

This Consulate is only opened
Monday to Thursday..

We really never knew how serious this paper work was.

 

[jddd]

I just wish they had asked for things they know shows detail. We thought it was a time sensitive thing and just quickly gathered up what they asked for in one week (Feb 22 2019) ..if it wasn't for waiting for the job letter , we would have had everything in sent in 3 days. One week later i realized i missed one of the stamped pages in her old passport ( which is here in Canada with me) and she resent the the email again (but with this added page). Feb 28 2019

She said to me that the email said not to continue sending any further documents.. Because 3 weeks had passed by with no answer, we decided to ask Lawyer for advice. Lawyer says it shouldn't be taking soo long. Lawyer asked for everything we sent it and said she will write to the consulate with reasons why my wife shouldn't be waiting so long (child needs to return to daycare, enroll in school system) .. Lawyer She say she will contact MP as well. This was on Thursday March 21 2019.

This Consulate is only opened
Monday to Thursday..

We really never knew how serious this paper work was.

Well as you’ve already submitted what you can and have a lawyer, I hope it turns out well. I guess what you’ve learned from this is to take your time or ask for help before sending out documents if you are not sure of their sufficiency. The MP is a good way to get an update faster though they cannot influence the decision. For now, still try to gather more documents and send them to your lawyer, maybe the MP can forward it for you.

 

[MisterP]

Well as you’ve already submitted what you can and have a lawyer, I hope it turns out well. I guess what you’ve learned from this is to take your time or ask for help before sending out documents if you are not sure of their sufficiency. The MP is a good way to get an update faster though they cannot influence the decision. For now, still try to gather more documents and send them to your lawyer, maybe the MP can forward it for you.

She is from Trinidad..

We submitted what they requested for. And yes we did send in itenary email "screen shot" for booked travel where we did not have Boarding (Boarding passes we have dont show year).

We working on more docs. OHIP Billing records, and some financial statements. I wonder if Bill paid once a month cover for a whole month of being present? incase we need it. It seems like she will need these things for PR Card renewal once she gets back.