Visiting: Does the "Indian Act" affect the right of residence for foreigners?

[Cheb]

A few days ago I discussed with some friends about the (residence) rights of minorities and the differences in legislation between different countries. Some questions had to remain open, so we decided to do some research. I hope you can help me with my questions about Canadian law, even if they are not dealing with urgent real problems of real people. And pardon for the bumpy English.

Very briefly:
What is the best / easiest way for an undisturbed and (ideally) arbitrarily long stay in Canada for US citizens (in the case described below)?
(Is this the right place for this? Please excuse me if not, and move the post. Thanks!)

The case constellation: a citizen of the United States and Canada and registered first nation of Canada renounce the Canadian citizenship. Reasons do not matter, but I emphazise: voluntary.
Now he/ she want to stay some time in Canada for private pleasure (hunting, visiting friends).
There are not convictions or other criminal records not even parking fines.

Steps to my questions:
1. I have read that the first nation-status doesn't expire and can not revoked. That means the status persits whatever happen. Right?
2. I have also read there are hunting and fishing rights for people with status card, rights that restrict the general rules on hunting season.
In the first step people with status card only has the right to hunt and fish in their treaty area but visiting hunters and fishermen can be issued letters by a local First Nation that act as a license (Shipman letter).
Correct so far?
3. Usually US Americans are allowed to stay in Canada for half a year within a year for private pleasure. No visa needed. Can he/ she expect that there are no problems with a 6-month-stay? (I have read about "some exceptions" and "case-by-case decisions of immigration officer" but nothing specific about possible reasons for shortening the stay - I suspected they mean criminal records, but again: I do not know)
This length of stay can be extended upon request, but what are the reasons for the decision?

This means that in this case constellation, the person may hunt everything, fish everything at any time (= is above relevant Canadian laws at this point) - but may only stay in the country for a limited time for US citizens. And any immigration officer can shorten the stay without any (bigger) problems?
Or, as I suspect, does the status have an influence on decisions of the immigration authorities, for example the extension of stays for private purposes or for permanent residence?
Or is this the wrong approach and it would be better to apply for a visa?

I am happy about answers as well as helpful weblinks.
Let me express my thanks already now.

A nice week for everyone,
Cheb

 

[21Goose]

I don't have First Nations specific answers for you but I'm commenting because I want to learn more about this situation.

In general, US citizens (and any other visitors, in fact) are almost always allowed in for six months. It's rare for a border officer to reduce that, though they have the power to do so.

If your friend has a clear criminal record, the chances of getting admitted for less than six months are extremely low! (Once COVID is over, of course).

 

[Cheb]

Hej,
thank you for the answer.
Yes, right, it is a question independent of COVID-19. First I want to understand the background. With special problems I deal afterwards

Please allow me further questions: Is there a list of standard examples in which cases the entry is shortened/ prohibited?
And how do I imagine this? You drive your car to the border and a Canadian border official asks why you want to enter the country. You say "private pleasure".
And then the border official takes some information about me (from somewhere) and decides: Yes, no, just shortened?
Not that way I suppose.

Thanks in advance.

Cheb

 

[21Goose]

Hej,
thank you for the answer.
Yes, right, it is a question independent of COVID-19. First I want to understand the background. With special problems I deal afterwards

Please allow me further questions: Is there a list of standard examples in which cases the entry is shortened/ prohibited?
And how do I imagine this? You drive your car to the border and a Canadian border official asks why you want to enter the country. You say "private pleasure".
And then the border official takes some information about me (from somewhere) and decides: Yes, no, just shortened?
Not that way I suppose.

Thanks in advance.

Cheb

The standard guidance to CBSA is to allow a visitor in for six months, unless the officer has a good reason to shorten or lengthen the period. So the vast majority of visitors to Canada are allowed in for six months. There is no list of countries that get shorted entries or anything like that. If you have a valid visa/ETA, you are allowed to fly to Canada/come to the border and ask CBSA to let you in. The officer has the right to let you in or deny you entry based on the interviews.

US citizens don't need a visa or an ETA, you simply need to drive to the border and ask to be let in. The officer will ask a few basic questions (why are you visiting), and then wave you on through. Yes, "private pleasure" would be fine (in non-COVID times). Again, 99% of the time you'll be allowed in for six months. If they don't say anything about the length of stay, you can assume that it's six months since that's the default. You'll also have a stamp in your passport with the date.

If they do decide to shorten/lengthen your period of stay, they will explicitly tell you this AND stamp the date in your passport.