What to Say When Dealing With the CBSA
Tips for interacting with CBSA border officers at ports of entry.
The idea alone of being interviewed by armed people in
uniforms can be quite scary. Based on my experiences, I will show you how you
can reduce the stress when interacting with the border officers of the Canada
Border Services Agency (CBSA) at ports of entry (airports,
ports, or border crossings).
Planning
Above all, do your research. I encourage you to be as
informed as possible, since knowledge is power (according to Sir Francis
Bacon) and ignorance won’t be bliss in this situation. The following outline of
the most common issues will help you to prepare yourself better.
1.
Temporary Residence
a) Entry
In general, visa-exempt nationals who travel by air have required an Electronic
Travel Authorization (eTA) since November 10,
2016.
Individuals who hold a valid Canadian Temporary Resident
Visa (TRV) do not need to apply for an eTA as they may travel with their TRV until
it expires.
For example, Mexican nationals who travel by air have required an
electronic travel authorization since November 30, 2016. However,
Mexicans who still possess a valid TRV may
travel to Canada until it expires,
as per section 13.18 of the ENF 4 Port of Entry Examinations:
If a valid
visa inside an expired document is presented at the POE along with a
valid passport, the visa is considered valid.
Note: Visa-exempt
citizens
do not need an eTA when arriving by land or sea.
b) Dual Intent
Having two intents – one for temporary residence and
one for permanent residence – may be legitimate.
Section 22(2) of the Immigration
and Refugee Protection Act (S.C. 2001, c. 27) states as follows:
An intention by a
foreign national to become a permanent resident does not preclude them from
becoming a temporary resident, if the officer
is satisfied that they will leave Canada by the end of the period authorized
for their stay.
The criteria
normally considered are: ties to home country, purpose and length of visit,
financial and family situation, economic and political stability of home
country, previous compliance history, medical or criminal inadmissibility, etc.
c) Discretion
When
the border
officer believes that the bona fide (good faith) applicant will leave
Canada at the end of the authorized temporary period, the officer will use its discretion (right to
decide) to approve the temporary residence application.
2.
Biometrics
Currently, more than
70 countries around the world are using biometrics (fingerprints and
photos) to find
and stop the entry of people who pose a risk to national health and security.
Since July 31, 2018, applicants
from Europe, Middle East, and Africa may need to provide the Government of
Canada with their biometrics while applying for a TRV, a work or study permit (excluding U.S. nationals), permanent residence, or refugee status.
Starting December 31, 2018, the Canadian program
will be extended to applicants from
Asia, Asia Pacific, and the Americas. However, some exemptions may apply:
- Canadian citizens, citizenship applicants, passport applicants, or permanent
residents;
- visitors who hold a
valid eTA;
- minors under the age of 14;
- applicants over the age of 79;
- U.S. visa holders transiting through Canada;
- refugee claimants or protected persons who
have already provided biometrics and are applying for a study or
work permit;
- temporary resident applicants who have
already provided biometrics in support of a permanent resident application
that is still in progress;
- inland applicants until the in-Canada
service is established.
3.
Dual Citizens
Nowadays, many governments require that their citizens
enter their country with a valid passport of the corresponding citizenship.
Since November 10, 2016, Canadian dual nationals have needed
a valid Canadian passport to travel or transit through Canada by air. Thus,
dual citizens should carry both passports on their journey depending on their
destinations.
Exception: American-Canadian
citizens with a valid U.S. passport don’t need a Canadian passport to fly to
Canada.
Since December 1, 2017, Romanians with non-electronic
passports will need a valid visa to travel to Canada. Only Romanian citizens
who hold a valid electronic passport
remain visa free, and like other visa-exempt travellers, can continue flying or
transiting through a Canadian airport with a valid Electronic Travel Authorization (eTA).
4.
Customs
Follow the guidelines set out by the CBSA and note the most common pitfalls:
a) Failure to report money
Travellers must report any currency (cash) or monetary
instruments in the amount of CAD $10,000 or more in their possession to border officers. Monetary
instruments may include stocks, bonds, bank drafts, cheques, traveller's
cheques, etc. Travellers may bring as much money as they wish to and from
Canada, but they must report the amount and prove the source of the income when
it’s above CAD $10,000. Failure to report may lead to penalty and/or seizure.
Penalties range from CAD $250 to CAD $5,000.
b) Failure to report goods
Travellers must declare all plant, animal, and food items
they bring into Canada.
c) Failure to comply
Travellers may be referred to the inspections area (Secondary
Examination) at a POE. Common
reasons for referral are random check, detection of a scent by a canine unit
(search dog), or in-depth verification.
When referred to Secondary, you must follow the border officer’s directions in
a composed manner. If you begin to experience feelings
of agitation, seek help.
Tips for Success
As the border officers are extremely busy protecting
Canada, you should keep the KISS (Keep It Simple but Smart) principle in
mind at all times when following the steps below to obtain authorization to
enter Canada:
1. Prepare your application well. If you hire an
authorized representative, then ask for a dual intent letter/POE package and be
on stand-by upon arrival to answer any questions that may arise.
2. Bring your travel documents and necessary supporting evidence
with you.
3. Remain calm; answer questions honestly
and to the point (less is more).
Follow the simple tips outlined above and, if your
intent is genuine, the Canadian border officer will likely find you eligible to
enter Canada.
Disclaimer
Information provided in this article does not
constitute immigration or citizenship advice. Authorized representatives are
the only individuals allowed to assist applicants with immigration and
citizenship services for a fee. In addition, immigration laws, regulations, and
policies are changing constantly.
If you need help with the assessment of your case,
then obtain sound immigration or citizenship advice from one of the authorized
representatives at myconsultant.ca. Only with a proper case strategy can you reach your goal of Canadian
permanent residence or Canadian citizenship.
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