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ENF 4: Port of entry examinations - Canada

ENF 4 Port of entry examinations ENF 4 Port of entry examinations 2019-09-23 2 Updates to chapter .. 8 Listing by date .. 8 1 What this chapter is about .. 18 2 Program objectives .. 18 3 The Act and its Regulations .. 18 Statutory requirements relating to persons seeking entry into Canada .. 18 Forms .. 22 4 Instruments and delegations .. 23 Powers and authorities of an officer .. 23 Designation of officers .. 27 Ministerial delegations .. 27 Designations of ports of entry .. 27 5 Departmental policy .. 27 examinations .. 27 Persons to be examined .. 28 Primary and secondary examinations .. 28 Instructions by the Minister.

ENF 4 Port of Entry Examinations 2019-09-23 8 Updates to chapter Listing by date 2020-09-23 Section 3 – Clarified wording around obligations Section 3 – Added Section R41(d) Section 3 – Updated Section R183 to include R183(1)(d) Section 3.1 – Changed IMM1262 to BSF821

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Transcription of ENF 4: Port of entry examinations - Canada

1 ENF 4 Port of entry examinations ENF 4 Port of entry examinations 2019-09-23 2 Updates to chapter .. 8 Listing by date .. 8 1 What this chapter is about .. 18 2 Program objectives .. 18 3 The Act and its Regulations .. 18 Statutory requirements relating to persons seeking entry into Canada .. 18 Forms .. 22 4 Instruments and delegations .. 23 Powers and authorities of an officer .. 23 Designation of officers .. 27 Ministerial delegations .. 27 Designations of ports of entry .. 27 5 Departmental policy .. 27 examinations .. 27 Persons to be examined .. 28 Primary and secondary examinations .. 28 Instructions by the Minister.

2 28 Duties and conduct of the border services officer .. 28 End of examination .. 28 6 Definitions .. 29 7 Primary inspection line (PIL) examinations .. 30 Memorandum of Understanding with Immigration, Refugees and Citizenship Canada .. 30 Canada Border Services Officer Reference Booklet .. 31 Liaison with officers at the PIL .. 31 Responsibilities of primary examining officers .. 31 Primary examination questions .. 32 Criminality .. 33 Immigration secondary referral 34 Referral of foreign nationals with medical conditions .. 34 CBSA referral forms .. 35 TELO code on the E311 form .. 36 8 Secondary examinations .. 36 Immigration Secondary examinations .

3 36 Authority to continue an Immigration Secondary examination after a PIL referral .. 36 Responsibilities of examining border services officers at Immigration Secondary .. 36 Right to counsel at POE examinations .. 37 Use of interpreters .. 38 ENF 4 Port of entry examinations 2019-09-23 3 Confidentiality .. 40 Pre-questioning procedures .. 40 GCMS checks .. 40 Basic questioning .. 41 9 Examining Canadian citizens at ports of entry .. 42 The right to come into Canada .. 42 Examination of Canadian citizens .. 42 Determining Canadian citizenship .. 43 Establishing citizenship without documents .. 43 Citizenship record searches.

4 44 Laissez-passer .. 44 Emergency travel documents .. 44 10 Examining people who are registered under the Indian Act at ports of entry .. 45 Determining status of registration under the Indian Act .. 46 Establishing status of registration under the Indian Act without documents .. 46 American Indians who are not registered in Canada .. 46 11 Examining permanent residents at ports of entry .. 47 Rights of permanent residents .. 47 Verifying permanent resident status .. 48 Establishing permanent resident status without documents .. 48 Investigating permanent residents for inadmissibility .. 48 Permanent resident card (PRC) .. 50 Prescribed document.

5 51 Permanent resident cards with one-year validity date .. 51 Travel document .. 51 Coding on the travel document .. 52 Persons appealing the loss of permanent resident status .. 53 Permanent residents holding a Canadian Certificate of Identity .. 53 Residency obligation for permanent residents .. 53 Issuing removal orders against permanent residents .. 54 Other inadmissibility allegations .. 54 Arrest and detention of permanent residents .. 54 Seizing permanent resident visas and permanent resident 55 12 Examining foreign nationals seeking to become permanent residents at ports of entry .. 55 Permanent resident visas .. 55 Examination of foreign nationals with permanent resident 56 GCMS check.

6 56 Documents required by foreign nationals seeking permanent resident status .. 57 Verifying information on the permanent resident visa .. 57 Confirmation of Permanent Residence form [IMM 5292B] .. 58 Changes in marital and family status .. 61 Common-law partners .. 62 Dependent sons and daughters with common-law partners .. 62 Procedure for dealing with children whose marital or family status has changed .. 62 Imposing conditions on permanent residence applicants .. 63 Conditions that may be imposed at a POE .. 64 ENF 4 Port of entry examinations 2019-09-23 4 Family members arriving before the principal applicant .. 64 Arrival of the principal applicant prior to family members.

7 65 Expired or cancelled permanent resident visas .. 65 Counselling new permanent residents .. 65 13 Examination of foreign nationals at ports of entry .. 66 Visa requirements for temporary residents .. 66 Exemptions from a visa requirement .. 66 Re- entry into Canada on original visa .. 67 Examples of situations applying R190(3)(f) .. 68 Diplomatic visa exemptions .. 68 Affirmations for visas .. 69 government officials .. 69 Courtesy visas .. 70 Examination of temporary resident visas .. 70 Expired temporary resident visas .. 70 Notification to visa office if a visa holder is refused entry .. 70 Electronic Travel Authorization (eTA).

8 71 eTA exemptions .. 71 eTA validity and cancellation .. 72 Document requirements for foreign nationals .. 72 Passport and travel document exceptions .. 73 Examining passports .. 73 Valid visas in expired passports .. 73 Evidence of citizenship .. 74 Conditions imposed on temporary residents .. 74 Duration of temporary resident status .. 75 Six-month entry .. 75 entry for more or less than six months .. 75 When to document a temporary resident on a Visitor Record form [IMM 1442B] .. 76 Imposing, varying or cancelling conditions on temporary residents .. 76 Situations where specific conditions may be considered .. 77 Payment of deposits or posting of guarantees.

9 78 Situations that may warrant the imposition of a deposit or guarantee .. 78 Situations where a deposit or guarantee is not appropriate .. 79 Persons who may pay a deposit or post a guarantee .. 79 Deposits and guarantees on inadmissible persons .. 79 Issuing visitor records .. 80 Counselling temporary residents .. 80 Recovering missing, abducted and exploited children .. 80 Examining foreign students .. 80 Maritime procedures .. 81 Examining foreign workers .. 81 Refugee claimants .. 83 Vulnerable persons .. 83 Biometrically enrolled foreign nationals .. 83 14 Dual intent .. 83 15 Temporary resident permits .. 84 Process at the POE for persons approved for a TRP by a visa 84 Issuing a TRP approved by a visa office.

10 85 ENF 4 Port of entry examinations 2019-09-23 5 Process for initiating a TRP at the POE .. 85 Assessment of need and risk when issuing a TRP .. 86 GCMS remarks .. 87 Public policy: Fee exemption for TRPs issued to foreign nationals who are inadmissible on criminality grounds .. 87 TRPs issued in high-profile or contentious 88 National Interest TRPs .. 88 Designated authority to issue a TRP .. 88 TRP file folder retention and storage .. 89 Validity of TRPs .. 89 Prior authorization to enter Canada .. 89 16 Persons allowed into Canada by law .. 90 Persons under removal order who are refused entry to another country .. 90 Persons with certificates of departure who are refused entry to another country.


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