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"7.8 Examining Permanent Residents at a POE (Port of Entry)

When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissibility.

Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).

In other words, once a permanent resident's status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

In cases where:
- permanent resident status is established;
- the permanent resident refuses to provide any further information and enters Canada;
and
- the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation, officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.).

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.

5. Departmental Policy

When an officer believes a permanent resident has failed to comply with their A28 residency obligation, then that officer should report the permanent resident under the provisions of A44(1) and recommend the issuing of a departure order.

The form Questionnaire: Determination of Permanent Resident Status (IMM 5511B) has been developed specifically to assist officers in making decisions regarding the permanent residency obligation, keeping in mind that the questionnaire alone is not sufficient to determine compliance with the residency obligation, and a detailed interview including examining humanitarian and compassionate criteria under A28(2)(c) is needed.

Furthermore, the officer cannot seize the person’s documents (such as the IMM 1000, Immigrant Visa and Record of Landing and the IMM 5292B, for example) despite writing an A44(1) report and issuing a removal order unless the officer believes there are reasonable grounds to do so in accordance with A140. The rationale behind this is that the person has a right to appeal the removal order and, until final determination of status, they remain a permanent resident and are the lawful owner of said documents.

"7.8 Examining Permanent Residents at a POE (Port of Entry)

When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissibility.

Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).

In other words, once a permanent resident's status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

In cases where:
- permanent resident status is established;
- the permanent resident refuses to provide any further information and enters Canada;
and
- the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation, officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.).

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.

5. Departmental Policy

When an officer believes a permanent resident has failed to comply with their A28 residency obligation, then that officer should report the permanent resident under the provisions of A44(1) and recommend the issuing of a departure order.

The form Questionnaire: Determination of Permanent Resident Status (IMM 5511B) has been developed specifically to assist officers in making decisions regarding the permanent residency obligation, keeping in mind that the questionnaire alone is not sufficient to determine compliance with the residency obligation, and a detailed interview including examining humanitarian and compassionate criteria under A28(2)(c) is needed.

Furthermore, the officer cannot seize the person’s documents (such as the IMM 1000, Immigrant Visa and Record of Landing and the IMM 5292B, for example) despite writing an A44(1) report and issuing a removal order unless the officer believes there are reasonable grounds to do so in accordance with A140. The rationale behind this is that the person has a right to appeal the removal order and, until final determination of status, they remain a permanent resident and are the lawful owner of said documents.

Hi,
I am from french nationality and i have been accepted in a college in ontario. I also have a letter approving my application for a study permit. I am trying to book a flight now to Canada. here are my questions:
Am I allowed to land in Montreal if the college where i’m going to study is in Ontario?
Are the officers at the port of entry in Montreal airport will be allowed or would agreed to provide me with my study permit for a college in Ontario?
thanks in advance for your help.
nelly

nelly

Prepare for arrival — Study

When you arrive in Canada, you will be met by an officer from the Canada Border Services Agency (CBSA) at a point of entry, such as an airport. The CBSA is responsible for border and point of entry activities in Canada.

The documents you need to enter Canada

The CBSA officer will ask to see your travel documents when you arrive in Canada. Make sure they are not packed in your luggage, and that you have them with you. This will help speed up your entry to Canada.

You should be ready to show the following documents:

*a valid passport or travel document
the letter of introduction from the visa office that you received when your study permit was approved (this letter contains your permit reference number and the CBSA officer needs this letter to issue your study permit)
*a valid temporary resident visa (if required)
*a copy of the letter of acceptance from the designated learning institution at which you are accepted to study
proof that you have enough money to support yourself during your stay in Canada and
*letters of reference or any other documents recommended by the visa office where you applied.

Carry these items and all other valuable papers, cash and traveller’s cheques with you at all times. Do not put them in your checked luggage.

You may not be allowed into Canada if any of your documents are missing or if any of the information on your application or letters of reference is incorrect.

Possession of these documents does not guarantee entry. All persons must establish that they meet all the requirements of the Immigration and Refugee Protection Act and Regulations before being authorized to enter or re-enter Canada.

If there are no problems at the point of entry, the officer will let you enter Canada and will issue your study permit. You should:

*check the study permit to make sure your personal information is accurate and
*check the expiry date on your study permit. You must leave Canada by this date.

I will be visiting Canada with my vehicle. Do I have to formally declare it for importation at the Canadian border?

No. Section 7(1)(b) of the Motor Vehicle Safety Act (MVSA), allows a visitor to temporarily enter Canada with a motor vehicle without complying with the MVSA if the vehicle is used only by a visitor to Canada or a person passing through Canada en route to another country.

Notes:

1. You alone may use the vehicle.

2.Any change in your status, such as receiving permanent residency in Canada, may make your vehicle inadmissible and you will be required to export or destroy it.

3.You may not sell or gift the vehicle while in Canada.

4.The vehicle cannot remain in Canada longer than the time limits allowed under your temporary entry.

My status has changed from temporary to permanent resident while in Canada with my vehicle. How does that affect my vehicle?

If your vehicle is eligible for importation, you will need to formally declare the vehicle along with your personal effects to the Canada Border Services Agency and fulfill all import requirements.

If your vehicle does not comply with the Motor Vehicle Safety Act, you must export or destroy it when your temporary entry status becomes permanent.

Notes:

Temporary residents and visitors cannot sell or donate their vehicle while in Canada
Your vehicle cannot remain in Canada for a period longer than the time limits listed on your work permit, student visa or any other Customs authorization.

A person may have a dual or eventual intent to become a permanent resident, but in order to qualify for a temporary resident visa, they must demonstrate that they have the capacity and willingness to leave Canada at the end of the authorized temporary period (refer to dual intent).
*the ties to their home country are sufficiently strong to ensure that they are motivated to return home after the visit to Canada

Hello!

I have a similar question, so I ask through this post.
I am a full time student at University, doing my graduate studies with a student permit. Could my fiance come here to Canada to work with an open work permit? I think I do not have enough documentation to prove our common-law relationship, but I believe she could come here and marry me to obtain her work permit.. We are planning to stay in Canada temporarily, until I finish my studies..

Thank you so much for your support!!

Maxi

Your family members include your spouse or common-law partner, your dependent children and any children that are their dependent children

the question is. if I did receive ontario works at some point before applying to sponsor a family member, would that affect ability to sponsor?

is income geared housing considered social assistance? in ontario? if you do not have this information specifically as it differs by region or province.. do you know who I can contact for this in GTA/ Peel areas in ontario?

can the sponsor them selves receive social assistance? in that time after the sponsorship process is completed, and the family member is living and working in canada? or are both sponsor and sponsee not allowed to take social assistance for the 3 year period (without having to repay it)