Mark Bell

Today's Toronto Star:

(stay updated and discuss the PR Card with other newcomers here:

http://www.settlement.org/discuss/forum.asp?FORUM_ID=20)

A senior immigration official now says Canada will allow some landed
immigrants to come and go from the country without the new permanent
resident card.

Landed immigrants who travel on passports from visa-exempt countries,
such as the United States, Britain and most European nations, won't
need the new permanent resident card to re-enter Canada, the official
said in an e-mail delivered Dec. 10.

"I am pleased to confirm that persons holding visa-exempt passports
will not require a PR (permanent resident) card and may board return
flights in the normal way after 30 December, 2003,'' said Kurt Egloff,
the immigration department's program adviser for the Permanent
Resident Card project.

The list of visa-exempt countries also includes Andorra, Antigua and
Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Botswana,
Brunei Darussalam, Costa Rica, Cyprus, Denmark, Finland, France,
Germany, Greece, Iceland, Ireland, Italy, Japan, Liechtenstein,
Luxembourg, Malta, Mexico, Monaco, Namibia, Netherlands, New Zealand,
Norway, Papua New Guinea, Portugal, Republic of Korea, St. Kitts and
Nevis, St. Lucia, St. Vincent, San Marino, Singapore, Slovenia,
Solomon Islands, Spain, Swaziland, Sweden, Switzerland and Western
Samoa.

In addition, British overseas citizens, or citizens of British
dependent territories are visa exempt. Permanent residents of the U.S.
who carry green cards are also visa exempt.

The e-mail, a copy of which was obtained by the Star, was sent to Bill
Clark, a lawyer representing a number of tour operators concerned that
airlines could be sued by passengers who found themselves stranded
outside Canada. It is being distributed throughout the travel industry
as advice to travellers.

The immigration department web site says that all landed immigrants
will be required to carry permanent resident cards to re-enter Canada
as of Dec. 31. Critics say the shift creates two classes of permanent
residents in Canada.

"They are basically creating a second tier of permanent residents,''
said Uzma Shakir, president of the Ontario Council of Agencies Serving
Immigrants (OCASI). "If you don't have a landed immigrant card and you
don't happen to be from one of the white countries, then tough luck,''
Shakir said.

"If you are from England you don't need it but if you're from
Pakistan, you need it? This is absolutely outrageous.''

"This should be considered some kind of a violation if you are going
to treat some landed immigrants differently from other landed
immigrants,'' Shakir said. The card is the official proof-of-status
document for residents, who have been allowed to enter Canada as
immigrants but have not become Canadian citizens. There are about 1.5
million permanent residents in Canada.

As a security measure, the immigration department decided last year to
replace the paper document formerly issued to newly arrived landed
immigrants with a plastic, wallet-sized, rose-coloured Maple Leaf
card.

The card has a photograph and embedded security features and also
carries information in the magnetic strip on the back. Since June,
2002, the cards have been issued to new immigrants after they arrived.

To date, the department has issued 770,000 permanent resident cards.

But many people have complained they either didn't know they needed
the new card, or have applied but not received one yet.

Immigration department spokesperson Simone McAndrew said there has
been no change in policy. McAndrew said she had not seen the e-mail
and that because of the transition to a new minister, she could not
clarify the matter. Judy Sgro was named immigration minister on
Friday.

Egloff did not return telephone calls.

Clark, the lawyer for the tour companies who pushed the immigration
department to clarify the policy, said he's still not satisfied
because there is conflicting information. Clark said he's worried that
airlines and travel companies could end up being sued by passengers
who leave Canada thinking they have the right to re-enter, then get
stranded because of differing interpretations of the rules.

"From our legal standpoint, we are concerned as to the liability
exposure of a carrier, should a passenger, possessing Canadian landed
immigrant status, be denied travel due to their lack of possession of
a PR card,'' Clark said in a message to tour operators.

"If that passenger is denied travel based on the widespread
interpretation that they also required a PR card, it would be our
opinion that the air carrier could be exposed to a claim for damages
from the passenger on the basis that they, technically, were eligible
to be boarded based solely on their country of origin passport,''
Clark said.

Clark accused the immigration department of trying to trick landed
immigrants into thinking they need the permanent resident card, when
many of them don't.

"Immigration Canada purposely created the impression that all landed
immigrants to Canada required this Maple Leaf card, due to the current
security philosophy of requiring identity cards, and the obvious
administrative simplicity ... of having every landed immigrant obtain
this identity card,'' Clark said.

The home page of its Web site, at http://www.cic.gc.ca, has a section
on the card with links to information and application kits.

http://www.thestar.com/NASApp/cs/ContentServer?GXHC_gx_session_id_=2f37b785727acec9 &pagename=thestar/Layout/Article_PrintFriendly&c=Article&cid=1071361744750& call_pageid=968332188492

Jaj

Hi Mark

    >On 14 Dec 2003 15:46:39 -0800, (Mark Bell) wrote:
    >Today's Toronto Star:
    >(stay updated and discuss the PR Card with other newcomers here:
    >http://www.settlement.org/discuss/forum.asp?FORUM_ID=20)
    >A senior immigration official now says Canada will allow some landed
    >immigrants to come and go from the country without the new permanent
    >resident card.


This is already CIC policy, but until now has been concealed deep
within the operations manual and not highlighted in CIC publicity
material.


    >Landed immigrants who travel on passports from visa-exempt countries,
    >such as the United States, Britain and most European nations, won't
    >need the new permanent resident card to re-enter Canada, the official
    >said in an e-mail delivered Dec. 10.

I personally think it advisable for all landed immigrants planning
travel to have the PR Card, even those with visa-exempt passports.
Same with crossing from the US on the land border, a PR Card isn't
necessary but will certainly make life simpler,

But it's good to know the option is there for those who need to travel
in a hurry and haven't got one.

    >"I am pleased to confirm that persons holding visa-exempt passports
    >will not require a PR (permanent resident) card and may board return
    >flights in the normal way after 30 December, 2003,'' said Kurt Egloff,
    >the immigration department's program adviser for the Permanent
    >Resident Card project.
    >The list of visa-exempt countries also includes Andorra, Antigua and
    >Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Botswana,
    >Brunei Darussalam, Costa Rica, Cyprus, Denmark, Finland, France,
    >Germany, Greece, Iceland, Ireland, Italy, Japan, Liechtenstein,
    >Luxembourg, Malta, Mexico, Monaco, Namibia, Netherlands, New Zealand,
    >Norway, Papua New Guinea, Portugal, Republic of Korea, St. Kitts and
    >Nevis, St. Lucia, St. Vincent, San Marino, Singapore, Slovenia,
    >Solomon Islands, Spain, Swaziland, Sweden, Switzerland and Western
    >Samoa.
    >In addition, British overseas citizens, or citizens of British
    >dependent territories are visa exempt.

As far as I'm aware British overseas citizens are only visa exempt if
they have a settlement right in the UK. Citizens of British overseas
territories (formerly dependent territories) are now in most cases
full British citizens anyway.


    > Permanent residents of the U.S.
    >who carry green cards are also visa exempt.

Although trying to hold both Canadian PR and a US green card is not
exactly keeping things simple.


    >"They are basically creating a second tier of permanent residents,''
    >said Uzma Shakir, president of the Ontario Council of Agencies Serving
    >Immigrants (OCASI). "If you don't have a landed immigrant card and you
    >don't happen to be from one of the white countries, then tough luck,''
    >Shakir said.

At least 16 visa exempt countries are predominantly 'non-white' ...


    >"If you are from England you don't need it but if you're from
    >Pakistan, you need it? This is absolutely outrageous.''


No more outrageous than requiring a tourist visa from one passport
holder and not another.

    >"This should be considered some kind of a violation if you are going
    >to treat some landed immigrants differently from other landed
    >immigrants,'' Shakir said.

If the PR Card was mandatory for all landed immigrants then there
would be the rather silly situation of a tourist with a US passport
being allowed to board a Canada bound flight, while the next US
passport holder in line is a Canadian PR and gets denied boarding for
that reason.



    >Immigration department spokesperson Simone McAndrew said there has
    >been no change in policy.

That sounds correct - a clarification of policy is not a change of
policy.


Jeremy

This is not intended to be legal advice in any jurisdiction

Justin

(JAJ) wrote in message news:<>...
    > Hi Mark
    >
    > >On 14 Dec 2003 15:46:39 -0800, (Mark Bell) wrote:
    > >Today's Toronto Star:
    > >
    > >(stay updated and discuss the PR Card with other newcomers here:
    > >
    > >http://www.settlement.org/discuss/forum.asp?FORUM_ID=20)
    > >
    > >A senior immigration official now says Canada will allow some landed
    > >immigrants to come and go from the country without the new permanent
    > >resident card.
    >
    >
    > This is already CIC policy, but until now has been concealed deep
    > within the operations manual and not highlighted in CIC publicity
    > material.
    >
    >
    > >
    > >Landed immigrants who travel on passports from visa-exempt countries,
    > >such as the United States, Britain and most European nations, won't
    > >need the new permanent resident card to re-enter Canada, the official
    > >said in an e-mail delivered Dec. 10.
    >
    > I personally think it advisable for all landed immigrants planning
    > travel to have the PR Card, even those with visa-exempt passports.
    > Same with crossing from the US on the land border, a PR Card isn't
    > necessary but will certainly make life simpler,
    >
    > But it's good to know the option is there for those who need to travel
    > in a hurry and haven't got one.
    >
    > >
    > >"I am pleased to confirm that persons holding visa-exempt passports
    > >will not require a PR (permanent resident) card and may board return
    > >flights in the normal way after 30 December, 2003,'' said Kurt Egloff,
    > >the immigration department's program adviser for the Permanent
    > >Resident Card project.
    > >
    > >The list of visa-exempt countries also includes Andorra, Antigua and
    > >Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Botswana,
    > >Brunei Darussalam, Costa Rica, Cyprus, Denmark, Finland, France,
    > >Germany, Greece, Iceland, Ireland, Italy, Japan, Liechtenstein,
    > >Luxembourg, Malta, Mexico, Monaco, Namibia, Netherlands, New Zealand,
    > >Norway, Papua New Guinea, Portugal, Republic of Korea, St. Kitts and
    > >Nevis, St. Lucia, St. Vincent, San Marino, Singapore, Slovenia,
    > >Solomon Islands, Spain, Swaziland, Sweden, Switzerland and Western
    > >Samoa.
    > >
    > >In addition, British overseas citizens, or citizens of British
    > >dependent territories are visa exempt.
    >
    > As far as I'm aware British overseas citizens are only visa exempt if
    > they have a settlement right in the UK. Citizens of British overseas
    > territories (formerly dependent territories) are now in most cases
    > full British citizens anyway.
    >
    >
    > > Permanent residents of the U.S.
    > >who carry green cards are also visa exempt.
    >
    > Although trying to hold both Canadian PR and a US green card is not
    > exactly keeping things simple.
    >
    >
    > >
    > >"They are basically creating a second tier of permanent residents,''
    > >said Uzma Shakir, president of the Ontario Council of Agencies Serving
    > >Immigrants (OCASI). "If you don't have a landed immigrant card and you
    > >don't happen to be from one of the white countries, then tough luck,''
    > >Shakir said.
    >
    > At least 16 visa exempt countries are predominantly 'non-white' ...
    >
    >
    > >
    > >"If you are from England you don't need it but if you're from
    > >Pakistan, you need it? This is absolutely outrageous.''
    >
    >
    > No more outrageous than requiring a tourist visa from one passport
    > holder and not another.
    >
    > >
    > >"This should be considered some kind of a violation if you are going
    > >to treat some landed immigrants differently from other landed
    > >immigrants,'' Shakir said.
    >
    > If the PR Card was mandatory for all landed immigrants then there
    > would be the rather silly situation of a tourist with a US passport
    > being allowed to board a Canada bound flight, while the next US
    > passport holder in line is a Canadian PR and gets denied boarding for
    > that reason.
    >
    >
    >
    > >
    > >Immigration department spokesperson Simone McAndrew said there has
    > >been no change in policy.
    >
    > That sounds correct - a clarification of policy is not a change of
    > policy.
    >
    >
    > Jeremy
    >
    > This is not intended to be legal advice in any jurisdiction



HI all
IS THE Portion of the message below mean: WHEN COMMING FROM US, YOU DO
NOT NEED A PR CARD? IS THIS CLEAR FOR THE CANADIAN CUSTOMS OFFICER on
the border.
Justun

I personally think it advisable for all landed immigrants planning
    > travel to have the PR Card, even those with visa-exempt passports.
    > Same with crossing from the US on the land border, a PR Card isn't
    > necessary but will certainly make life simpler,

Justin

(JAJ) wrote in message news:<>...
    > Hi Mark
    >
    > >On 14 Dec 2003 15:46:39 -0800, (Mark Bell) wrote:
    > >Today's Toronto Star:
    > >
    > >(stay updated and discuss the PR Card with other newcomers here:
    > >
    > >http://www.settlement.org/discuss/forum.asp?FORUM_ID=20)
    > >
    > >A senior immigration official now says Canada will allow some landed
    > >immigrants to come and go from the country without the new permanent
    > >resident card.
    >
    >
    > This is already CIC policy, but until now has been concealed deep
    > within the operations manual and not highlighted in CIC publicity
    > material.
    >
    >
    > >
    > >Landed immigrants who travel on passports from visa-exempt countries,
    > >such as the United States, Britain and most European nations, won't
    > >need the new permanent resident card to re-enter Canada, the official
    > >said in an e-mail delivered Dec. 10.
    >
    > I personally think it advisable for all landed immigrants planning
    > travel to have the PR Card, even those with visa-exempt passports.
    > Same with crossing from the US on the land border, a PR Card isn't
    > necessary but will certainly make life simpler,
    >
    > But it's good to know the option is there for those who need to travel
    > in a hurry and haven't got one.
    >
    > >
    > >"I am pleased to confirm that persons holding visa-exempt passports
    > >will not require a PR (permanent resident) card and may board return
    > >flights in the normal way after 30 December, 2003,'' said Kurt Egloff,
    > >the immigration department's program adviser for the Permanent
    > >Resident Card project.
    > >
    > >The list of visa-exempt countries also includes Andorra, Antigua and
    > >Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Botswana,
    > >Brunei Darussalam, Costa Rica, Cyprus, Denmark, Finland, France,
    > >Germany, Greece, Iceland, Ireland, Italy, Japan, Liechtenstein,
    > >Luxembourg, Malta, Mexico, Monaco, Namibia, Netherlands, New Zealand,
    > >Norway, Papua New Guinea, Portugal, Republic of Korea, St. Kitts and
    > >Nevis, St. Lucia, St. Vincent, San Marino, Singapore, Slovenia,
    > >Solomon Islands, Spain, Swaziland, Sweden, Switzerland and Western
    > >Samoa.
    > >
    > >In addition, British overseas citizens, or citizens of British
    > >dependent territories are visa exempt.
    >
    > As far as I'm aware British overseas citizens are only visa exempt if
    > they have a settlement right in the UK. Citizens of British overseas
    > territories (formerly dependent territories) are now in most cases
    > full British citizens anyway.
    >
    >
    > > Permanent residents of the U.S.
    > >who carry green cards are also visa exempt.
    >
    > Although trying to hold both Canadian PR and a US green card is not
    > exactly keeping things simple.
    >
    >
    > >
    > >"They are basically creating a second tier of permanent residents,''
    > >said Uzma Shakir, president of the Ontario Council of Agencies Serving
    > >Immigrants (OCASI). "If you don't have a landed immigrant card and you
    > >don't happen to be from one of the white countries, then tough luck,''
    > >Shakir said.
    >
    > At least 16 visa exempt countries are predominantly 'non-white' ...
    >
    >
    > >
    > >"If you are from England you don't need it but if you're from
    > >Pakistan, you need it? This is absolutely outrageous.''
    >
    >
    > No more outrageous than requiring a tourist visa from one passport
    > holder and not another.
    >
    > >
    > >"This should be considered some kind of a violation if you are going
    > >to treat some landed immigrants differently from other landed
    > >immigrants,'' Shakir said.
    >
    > If the PR Card was mandatory for all landed immigrants then there
    > would be the rather silly situation of a tourist with a US passport
    > being allowed to board a Canada bound flight, while the next US
    > passport holder in line is a Canadian PR and gets denied boarding for
    > that reason.
    >
    >
    >
    > >
    > >Immigration department spokesperson Simone McAndrew said there has
    > >been no change in policy.
    >
    > That sounds correct - a clarification of policy is not a change of
    > policy.
    >
    >
    > Jeremy
    >
    > This is not intended to be legal advice in any jurisdiction



HI all
IS THE Portion of the message below mean: WHEN COMMING FROM US, YOU DO
NOT NEED A PR CARD? IS THIS CLEAR FOR THE CANADIAN CUSTOMS OFFICER on
the border.
Justun

I personally think it advisable for all landed immigrants planning
    > travel to have the PR Card, even those with visa-exempt passports.
    > Same with crossing from the US on the land border, a PR Card isn't
    > necessary but will certainly make life simpler,

Stu Barton

"JAJ" <> wrote in message
news:...
    > Hi Mark
    > >On 14 Dec 2003 15:46:39 -0800, (Mark Bell)
wrote:
    > >Today's Toronto Star:
    > >
    > >(stay updated and discuss the PR Card with other newcomers here:
    > >
    > >http://www.settlement.org/discuss/forum.asp?FORUM_ID=20)
    > >
    > >A senior immigration official now says Canada will allow some landed
    > >immigrants to come and go from the country without the new permanent
    > >resident card.
    > This is already CIC policy, but until now has been concealed deep
    > within the operations manual and not highlighted in CIC publicity
    > material.
    > >
    > >Landed immigrants who travel on passports from visa-exempt countries,
    > >such as the United States, Britain and most European nations, won't
    > >need the new permanent resident card to re-enter Canada, the official
    > >said in an e-mail delivered Dec. 10.
    > I personally think it advisable for all landed immigrants planning
    > travel to have the PR Card, even those with visa-exempt passports.
    > Same with crossing from the US on the land border, a PR Card isn't
    > necessary but will certainly make life simpler,
    > But it's good to know the option is there for those who need to travel
    > in a hurry and haven't got one.
    > >
    > >"I am pleased to confirm that persons holding visa-exempt passports
    > >will not require a PR (permanent resident) card and may board return
    > >flights in the normal way after 30 December, 2003,'' said Kurt Egloff,
    > >the immigration department's program adviser for the Permanent
    > >Resident Card project.
    > >
    > >The list of visa-exempt countries also includes Andorra, Antigua and
    > >Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Botswana,
    > >Brunei Darussalam, Costa Rica, Cyprus, Denmark, Finland, France,
    > >Germany, Greece, Iceland, Ireland, Italy, Japan, Liechtenstein,
    > >Luxembourg, Malta, Mexico, Monaco, Namibia, Netherlands, New Zealand,
    > >Norway, Papua New Guinea, Portugal, Republic of Korea, St. Kitts and
    > >Nevis, St. Lucia, St. Vincent, San Marino, Singapore, Slovenia,
    > >Solomon Islands, Spain, Swaziland, Sweden, Switzerland and Western
    > >Samoa.
    > >
    > >In addition, British overseas citizens, or citizens of British
    > >dependent territories are visa exempt.
    > As far as I'm aware British overseas citizens are only visa exempt if
    > they have a settlement right in the UK. Citizens of British overseas
    > territories (formerly dependent territories) are now in most cases
    > full British citizens anyway.
    > > Permanent residents of the U.S.
    > >who carry green cards are also visa exempt.
    > Although trying to hold both Canadian PR and a US green card is not
    > exactly keeping things simple.
    > >
    > >"They are basically creating a second tier of permanent residents,''
    > >said Uzma Shakir, president of the Ontario Council of Agencies Serving
    > >Immigrants (OCASI). "If you don't have a landed immigrant card and you
    > >don't happen to be from one of the white countries, then tough luck,''
    > >Shakir said.
    > At least 16 visa exempt countries are predominantly 'non-white' ...
    > >
    > >"If you are from England you don't need it but if you're from
    > >Pakistan, you need it? This is absolutely outrageous.''
    > No more outrageous than requiring a tourist visa from one passport
    > holder and not another.
    > >
    > >"This should be considered some kind of a violation if you are going
    > >to treat some landed immigrants differently from other landed
    > >immigrants,'' Shakir said.
    > If the PR Card was mandatory for all landed immigrants then there
    > would be the rather silly situation of a tourist with a US passport
    > being allowed to board a Canada bound flight, while the next US
    > passport holder in line is a Canadian PR and gets denied boarding for
    > that reason.
    > >
    > >Immigration department spokesperson Simone McAndrew said there has
    > >been no change in policy.
    > That sounds correct - a clarification of policy is not a change of
    > policy.
    > Jeremy
    > This is not intended to be legal advice in any jurisdiction

The current policy for visa exempt countries and the PR card is below. The
question is, will the airlines (et al.) follow this policy or the
"information" on the CIC website?

---------------------------------
Citizenship & Immigration Canada: Entry Policy Manual
(http://www.cic.gc.ca/manuals-guides/...enf/enf04e.pdf)

CIC have stated in their policy manuals that PRs from tourist visa exempt
countries (British citizens, Australians etc) may use their passports rather
than a PR card to board Canada bound commercial transportation (section
11.5):

11.5 Permanent resident card

A permanent resident card, commonly referred to as the Maple leaf card, is
the status document referred to in A31(1) that indicates that the holder is
a permanent resident. It replaces the IMM 1000 Record of Landing, which was
issued to all permanent residents under the 1976 Immigration Act. (For more
information on the permanent resident card, refer to [ENF 27, Permanent
resident card]).

Prescribed document
Section A148(1)(a) requires that transporters must not board persons unless
they are in possession of a prescribed document. Section R259 makes the
permanent resident card a prescribed document for the purpose of A148. This
section, however, does not come into force until December 31st, 2003.

After this date, unless a permanent resident is from a visa exempt country
listed in R190, they will need to have a permanent resident card to board a
vehicle bound for Canada. In order to facilitate the transition from the IMM
1000 to the permanent resident card, transporters are permitted to board
permanent residents holding the IMM 1000 until December 31st, 2003.
------------------------------------

Jaj

Hi Stu
I think there's bound to be confusion in the early days. However, if
you have a visa exempt passport, then I would ask how the airline is
going to know you are a PR rather than a tourist. The only thing that
might give them a clue is the fact you'd have a single ticket.

I would bring along printouts of the manual below, plus any CIC press
release between now and 31 Dec, and be quite prepared to speak to a
manager if necessary.

It may also affect people using the US visa waiver with single tickets
and an onward journey terminating in Canada, as afaik the US visa
waiver regulations require such persons to be permanent residents of
Canada.

Jeremy

    >On Mon, 15 Dec 2003 17:08:59 GMT, "Stu Barton" <> wrote:
    >The current policy for visa exempt countries and the PR card is below. The
    >question is, will the airlines (et al.) follow this policy or the
    >"information" on the CIC website?
    >---------------------------------
    >Citizenship & Immigration Canada: Entry Policy Manual
    >(http://www.cic.gc.ca/manuals-guides/...enf/enf04e.pdf)
    >CIC have stated in their policy manuals that PRs from tourist visa exempt
    >countries (British citizens, Australians etc) may use their passports rather
    >than a PR card to board Canada bound commercial transportation (section
    >11.5):
    >11.5 Permanent resident card
    >A permanent resident card, commonly referred to as the Maple leaf card, is
    >the status document referred to in A31(1) that indicates that the holder is
    >a permanent resident. It replaces the IMM 1000 Record of Landing, which was
    >issued to all permanent residents under the 1976 Immigration Act. (For more
    >information on the permanent resident card, refer to [ENF 27, Permanent
    >resident card]).
    >Prescribed document
    >Section A148(1)(a) requires that transporters must not board persons unless
    >they are in possession of a prescribed document. Section R259 makes the
    >permanent resident card a prescribed document for the purpose of A148. This
    >section, however, does not come into force until December 31st, 2003.
    >After this date, unless a permanent resident is from a visa exempt country
    >listed in R190, they will need to have a permanent resident card to board a
    >vehicle bound for Canada. In order to facilitate the transition from the IMM
    >1000 to the permanent resident card, transporters are permitted to board
    >permanent residents holding the IMM 1000 until December 31st, 2003.
    >------------------------------------

This is not intended to be legal advice in any jurisdiction