Immigration Corner | Can I travel without a PR card?

Dear Mrs Powell,

Thank you for helping my family to come to Canada. We are wondering how long does it normally take to get the permanent resident (PR) card? We are planning to visit the USA, but we are worried that the PR card has not arrived yet. Since we are driving to the USA, can we cross the border without a PR card and just take our passports? Can we return without any difficulties? Can we ask them to send the card to us in the USA? Thank you again for your help.

– HN

Dear HN,

A person’s right of entry into Canada and status is based on the rules of the Immigration and Refugee Protection Act (IRPA) and its supporting regulations. A Canadian permanent resident must present proof of status in Canada to the Canadian Border Security officers on return to Canada. This is a standard requirement, whether you are travelling via air, boat, train, or motor vehicle.

Since June 2002, the required status document for entry has been the permanent resident card, which will facilitate your entry into Canada ‘without difficulty’. Under IRPA, simply presenting a valid PR card, along with your passport, is a presumption that you have right of entry into Canada, unless an officer determines that there was a revocation of that right.

Likewise, if you do not have a valid PR card and you are outside of Canada, the presumption is that you are not a permanent resident and have no right of entry into Canada, without evidence that you are from a visa-exempt country, an electronic travel authorisation (eTA) or a visa.

For years, individuals only needed to provide the Immigrant Visa and Record of Landing form as proof of ‘landing status’, but this is not presumptive evidence of status as a permanent resident. It would be up to you to rebut the presumption when you return to the border. This could cause an inordinate delay and stress at the border.

TRAVELLING WITHOUT A PR CARD

If you must travel outside of Canada without your PR card, you should note that the Canadian government will not send your PR card to an address outside of Canada. Instead, you may be required to go through a series of steps to meet the requirement to return to Canada, depending on your port of entry.

The situation is the same if you are outside of Canada and your PR card has expired. You may need to apply for a travel document at a visa office outside of Canada to verify your status. Once it has been determined that you qualify, a travel document will be issued to enable you to travel back to Canada. This travel document is not a status document. It is merely an immigration document indicating that an immigration officer has determined that you have a right to enter Canada without the required permanent resident card.

Since you are travelling overland via a USA-Canadian port, the process will be easier than if you are travelling via air. The Canadian Border Security officer will conduct an evaluation of the documents that you have produced to establish your status in Canada. The officer will begin with a presumption that you are NOT a permanent resident, and so the burden of proof rests on you to rebut that presumption and to clearly demonstrate that you are in fact a permanent resident of Canada.

The officer will scrutinise all supporting documentation to verify that you physically reside in Canada and authorised to return. This means that you must be able to present documents, beyond your passport, which might serve to demonstrate a claim to permanent resident status.

Since your family has just landed in Canada, you should be prepared to present your confirmation of permanent residence, proof of landing, as well as proof of address, such a rental or lease contract, driver’s licence, letter from employer or school, bank statement and other supporting documents. The officer will analyse the documents alongside their records. This could cause a lengthy delay at the border.

USA CITIZEN OR VISA HOLDER

You may be permitted to enter Canada without a permanent resident card if you are also a USA citizen and can satisfy other requirements. Just a precautionary note, if you are not a USA citizen, you should note that even if you can prove your status as a Canadian permanent resident, this does not automatically give you the right to enter the USA, even if you are crossing via the land border.

If your passport is from a country which would normally require a visa to travel to the USA, you will still need to apply for a USA visa to visit. Once you have Canadian citizenship, you will not need a visitor’s visa.

PROCESSING TIME FOR PR CARD

You did not state your reason for travelling. Will waiting for the card cause undue hardship or distress on your family? The current processing time for permanent resident card is approximately 72 days. If you checked the status online and six weeks have passed since the date of mailing, then you may submit a solemn declaration concerning a lost, stolen, destroyed, or never-received permanent resident card. You must wait a minimum of 42 days beyond the normal processing time, before you fax or mail the declaration.

However, do not wait until more than 180 days have passed since your card was mailed, for you to contact Immigration, Refugees and Citizenship Canada. If it has been more than 180 days since the date of mailing, then you must apply to get a replacement card and provide additional documents to support the application. If this is the case for you and you have an emergency or need my assistance, please contact my office to schedule a meeting to receive additional information.

Deidre S. Powell is a Canadian immigration lawyer and notary public with office located in Ottawa, Ontario. Connect with her via www.deidrepowell.com or via Facebook, Instagram, and Twitter. Telephone 613-695-8777.