Brought to you week by week by Chantal Desloges and her fabulous team. Visit them here. Hello fellow practitioners. Today’s column deals with eTA and Verification of Status.
Reader’s Question:
My question is about how to determine if a former permanent resident of Canada needs to apply for extension of visitor status while waiting for the outcome of his verification of status application to confirm if he is still a permanent resident of Canada?
My client is from a visa exempt country in Europe. He first landed as a permanent resident more than 20 years ago. He lived in Canada for two years and went back to his country. His daughter applied on his behalf for an eTA so he could visit Canada, and he received one. His daughter is not sure if his PR status has somehow been relinquished or revoked.
The client is now unable to leave Canada within his 6 months of authorized stay, due to COVID. Is he required to renew his visitor status while waits for the decision of the Verification of status application?
Answer:
Canada’s Electronic Travel Authorization (eTA) requires foreign nationals travelling to Canada by air from Visa exempt countries to have a valid eTA. To apply for an eTA, individuals must complete an online form. The eTA Canada form consists of four parts. The first three parts cover general information – contact information and date of arrival; passport details, and employer information. The fourth part covers four background questions to make an assessment about the desirability of the travelers.
Canadian permanent residents are exempt from the requirement of applying for an eTA.
If the electronic system recognizes that a person is still a permanent resident, no eTA will be issued to them. Instead they will receive a message instructing them to either relinquish their status or apply for a permanent resident travel document to return to Canada. That said, sometimes mistakes can happen, especially if the original permanent resident status file is very old and pre-dates electronic processing. I have seen a number of cases where people were erroneously granted eTAs and even visitor/study/work permits while they were in fact still permanent residents of Canada.
As we know, to renounce PR status, an individual has to meet the following conditions:
- Be a permanent resident of Canada
- Have citizenship or valid legal permanent resident status in another country
- Be at least 18 years (if under 18, one must be represented by a legal guardian)
The consequence of renouncing permanent resident status is that one is no longer a permanent resident of Canada. Once the decision to renounce is approved by an officer, an individual’s status in Canada reverts to that of a foreign national.
In the case of your client, it is unclear whether he ever renounced his status. Certainly it seems unlikely that he would have done so without realizing or remembering it, but if it was a long time ago, it is at least possible that he did so.
As your client is unsure, the best way to move forward is to apply for both applications – extension of visitor status and Verification of Status.