Babak wrote:
> I'd be interested for others' confirmation of this statement. Though
> you may be right, it was my understanding that a visa waiver serves as
> an implied visitor visa, for temporary stay. As such, it should have no
> bearing on re-entry requirements of a PR. If a PR card is required,
> using a visa waiver passport instead sounds analogous to getting a
> visitor visa without telling the consulate that you're a PR, and using
> that to re-enter Canada.
You are confusing two separate things.
Firstly, getting permission to board the aircraft (from the airline - not
CIC), and secondly getting admission as a PR at Immigration.
When you present a visa waiver passport to an airline at check-in, it's
normally sufficient evidence for them to allow you to board a flight.
When you arrive at Immigration, you present yourself as a PR (not as a
tourist). While lack of a PR Card/Travel Document will likely mean a delay
while they verify your status, admission should not be refused provided you
can evidence your status. It's no different to arriving without a PR Card
at the land frontier.
From the Air Canada website:
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Who needs a Permanent Resident Card?
Answer
As of December 31, 2003, Canadian permanent residents holding a passport
from a non visa waiver country returning to Canada will be required to
provide the wallet-sized plastic PR permanent resident card or a visa. The
IMM1000 Record of Landing will no longer be acceptable. Without a valid PR
card or visa these passengers will not be permitted to board the aircraft
and will need to contact the nearest Canadian embassy or consulate to
obtain a limited use travel document to re-enter Canada.
If you are a passport holder from a country listed on the exception list
(see link below), the IMM1000 and your valid passport will be acceptable:
http://www.cic.gc.ca/english/visit/v...tml#exemptions
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The PR Card and Travel Documents are 'prescribed' under R259 (pursuant to
s148(1) of IRPA) as acceptable documents for a commercial carrier to board
someone onto a Canada bound trip. However a visa waiver passport is also
acceptable under R259(c).
259. For the purposes of subsection 148(1) of the Act, the following
documents that a person requires under the Act to enter Canada are
prescribed:
(a) a travel document referred to in subsection 31(3) of the Act;
(b) refugee travel papers issued by the Minister of Foreign Affairs;
(c) a document referred to in subsection 50(1) or 52(1);
(d) a temporary travel document referred to in section 151;
(e) a visa referred to in section 6 or subsection 7(1); and
(f) a permanent resident card.
R52(1) covers visa waiver passports. It is a slightly grey area, but as far
as I know people have been doing this since the start of 2004 and I have
not heard of many problems with it.