One can't drive own car without importing - Landing experience thru 1000 Islands

S

sk321

Registered Users (C)
Hi,

I read several postings in this thread and wasn't clear until I experienced whether one can drive own car without importing into Canada during landing process.

I tried to land thru' 1000 Islands yesterday. But I don't know clearly whether my landing is fruitful or not since I went thru' few bumpy things. Below is my experience.

1) At the Canadian POE 1000 Islands the officer asked - Why I am coming to Canada, Country of Citizenship, Current visa status in US, How long going to be in Canada etc. After answering all, he gave me a yellow slip and advised to park the car and see the officer inside.

2) The immigration officer was very polite, stamped the passport, took photos for PR card, verified Bank statements etc.

3) Customs Check: I tried to explain the officer saying that I am here just for landing purpose but will be returning back to US after a week. He asked about importing the car. I told him that I have not decided yet about the final move and so I don’t want to import car right now but would do so at later stage. Then he said, “ This car can’t move any further into Canada unless imported because you just now became a landed immigrant”. I tried to convince him to take my car into Canada without importing; he said very clearly that I really don’t have a choice here. He advised me “to declare the car as the items to follow list and then just go back to US”. Anyway I was planning to limit my trip short just for landing purpose and comeback quick to US. So I took u-turn and faced US immigration immediately.

4) US Immigration: I handed over my passport and Advance Parole to the office at POE. He looked into AP & the stapled Canadian immigrant visa. He reacted very quick and asked, “Why did you do this? Did you tell them? Do they aware of this? I would call and let them know” I was totally blank what he’s asking. He repeated the similar questions in detail this time – “You are already a PR of US, then why did you take PR there too? Why are you doing all these?” I explained him saying, “My AOS is pending but not approved yet and this may take 6 more months, meantime I would like to keep Canadian PR”. I also indicated him that I will make a decision which one to keep once I get US GC also.

He told me to have a seat and wait. I saw him talking to someone over the phone, (I guess Canadian officer?) looking into computer, referring some books, photo copying my docs. After waiting 45 min, he came back with our passports and said, “They are aware of and you will be given 3 years to decide”. I noticed the Advanced Parole stamped and a new I-94 stapled to the passport.

Questions to the experts:

1) Will there be any issues to AOS because of the above events?
2) Should I consider my landing as completed or cancelled since I didn’t go in to Canada and applied SIN?
3) Can I apply by mail for SIN?

Thanks
 
Questions to the experts:

1) Will there be any issues to AOS because of the above events?

NO, even if at the time of your US GC interview they ask your reply will be that you are ready to abonden Canada PR normaly they do not ask such questions, dont worry.
2) Should I consider my landing as completed or cancelled since I didn’t go in to Canada and applied SIN?

Your Landing is compleated
3) Can I apply by mail for SIN?

SIN is only needed for work and tax purpose in Canada, if you want to apply for SIN you have to Visit HRDC office IN canada, try next time when you go in Rental Canada plated car or a friend can pick up you from US side

Did they Stamp your PR " NOT VALID for Travel"?
Have you given Canada address for PR card?
 
Thank you Avtaar.

Did they Stamp your PR " NOT VALID for Travel"?

=> No. I don't see anything stamped on the PR. Officer just entered the details - POE, date, $$ etc.

Have you given Canada address for PR card?

=> Yes. The officer filled in a separate form for PR card and took two photos each. But he didn't ask $$ for PR card. I read some where in CIC site that PR card costs $50CDN??
 
Dumb Question: where is 1000 islands ?

I think your landing experiance is predictable. It also proves that the 3yrs of PR staying out of Canada is pretty must established.

Next time try to enter Canada using BUS/TRAIN/AIRPLANE and you will be fine. Best of Luck.
 
The interesting thing is I called Canadian Customs at Detroit-Windsor tunnel. I explained my situation... landed Canadian PR, living in the US with H1b visa, planning to go to Canada for short visit, and asked them if I can drive my own car with US license plate (or rental car with US license).

The officer asked me status in the US and then answered it is OK as long as I am US residence. When I asked her to explain 'US residence', she said it does not mean you have to be US GC holder, it just mean you are living in the US. And she said I can just tell the officer at border that I am living in the US and will go back to US later, then it will be fine.

Since I saw many post here saying as Canadian PR we cannot drive US car to Canada, I decided to call them some time later just to get the chance to check with other officer to see what he/she would say. This time is a male officer, and what he said was exactly same as the lady I spoke to, even the explaination of 'US residence'.

Just think they may not be very consistence from place to place.
 
I called the Canadian Customs today to, again, clearify this.

An officer explained this to me in detail. According to him, Canadian Resident cannot drive US car to Canada is partially correct. However, the 'Resident' here does not mean "PR" or "Citizen". It really means the person who lives in Canada (maybe person with student or working visa). For those people who live in Canada and have a short trip to the US, they cannot drive a US car back to Canada.

On this other hand, if you are US resident, again 'resident' means you have legal status (GC, H1, F1, etc) in the US and living in the US, and you are Canadian PR or even Citizen, you can drive a car with US license plate (your own one or rented one) to "come back" Canada (the term the officer used... :) ) to Canada for short visit without 'importing' the car.

On Avis website, they also mentioned according to Canadian law, for those persons who have Canada Driver's License, they cannot drive car with US plate to Canada. But, for those who have US DL, it is OK. Seems to me having a US DL, not a Canadian one, is a kind of prove for that your are a US resident.

Anyway, I believe there are more conflicting experience on this issue. If the what the officer I spoke to is correct (which I do not know/not sure), I think it is the work 'resident' which creats this confusion among the officers. Some one interpret it as 'PR', so they think as landed Canadian PR, you cannot drive US cars. But, some body interpret it as 'living in Canada'.... Anyway, this is just my guess.

Seems to me it more depends on the luck of who you meet.....
 
Thousand Islands: Rt 81N takes you to Syracus--> Watertown--> 1000 Islands POE.

Below are the guide lines I found in Canadian Customs official site. There are few exemptions under this. Are we referring to this clause???

Importing vehicles acquired in the United States


RIV Program Exemptions .........

==> Entering Canada temporarily.
There are five types of temporary imports:
a) vehicles imported by visitors, for a period not exceeding 12 months; temporary residents such as students studying at an institution of learning, for the duration of their studies in Canada; or individuals with valid work permits/authorizations for employment for a period not exceeding 36 months;

b) vehicles imported by diplomats, if authorization in writing has been granted from the Department of Foreign Affairs and International Trade, for the duration of the person's posting in Canada;

c) vehicles imported by visiting forces personnel, for the duration of their assignment in Canada;

d) vehicles imported by United States preclearance personnel and their dependents, for the duration of the United States officer's posting in Canada; and

e) vehicles imported for exhibition, demonstration, evaluation, testing, or special purposes. The importer must submit written authorization from Transport Canada for temporary importations of this nature.
 
i didn't visit their website. What I posted is what I heared from an Canadian Customs officer. It may just be his understanding (actually, I got similar explaination from 2 other officers), and may or may not be correct.

Do they have any formal explaination of 'visitor' mentioned in the 1st point? This might be the place to create confusion (as 'resident' mentioned by that officer). Again, maybe some officer think if you are living in, say, the US and just come to Canada for few days visitor, you are visitor no mater you are citizen, PR or not. But some other officer think if you are a PR, of course, you are definitely not a visitor.....

I don't know. Again, based on the various conflicting experience various people have, I think it is some what depends on which officer you met. I personally more like to place on safe side... :)
 
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