Canada - Question about Canadian customs/immigration

Hi, I'm a Canadian citizen (born here if that matters). For the past year and a bit I've been studying in the UK, coming home about 3 times/year. Every other time I've come home I've written my Toronto address on the landing card and then filled in the residents section (where it asks you the value of goods you're bringing in). Every other time the CBSA person has just let me in no questions asked. Yesterday when I flew home for Christmas the agent yelled at me, saying I should have written my UK address, then wanted to know how long I was planning to stay in Canada, crossed out the resident section I'd filled in and filled in the visitor section and wrote a big V on the card, saying I was a visitor. She even asked the next person in line if he knew me and told HIM that he should have told me to fill in my UK address which I found very inappropriate. She was extremely rude and aggressive the whole time but that aside, I'm wondering what the policy on that is for the future. I'm a citizen of Canada and the UK does not consider me to be a 'resident' because I'm a student and I come home to Canada every few months or so, often staying 1-3 months at a time so I split my time about 50-50 between the two countries.

Memorandum D2-6-1: Residential Status of Travellers Arriving in Canada (http://www.cbsa-asfc.gc.ca/publications/dm-md/d2/d2-6-1-doc-eng.html).

Residents of Canada are defined as persons who, in the settled routine of their life, make their home, reside, and are ordinarily present in Canada.

...

Similarly, non-residents are persons who, in the settled routine of their life, make their home, reside, and are ordinarily present in a place outside Canada.

I´m no expert, but I´d think that your current country of residence would be the UK as that´s where your occupation (going to university) takes place. I assume you also needed to apply for a student visa in order to study in the UK? That would be another factor supporting the idea that you´re a UK resident.

That being said, the agent was obviously out of line.:td:

Just keep doing what you normally do and write down your Canadian address. Like you said, you are not a permanent resident of the UK so you aren't really a visitor.

Seems thatt he Agent was having one of those days and decidied to vent on you. Think of it as a welcome home gift...

You're a resident here if the UK doesn't consider you one because you have to be one somewhere it would seem to me.

Anyway, you're a citizen so they can't deny you entry. Rudeness aside (which is by the way why I have Nexus, because I can't keep my mouth shut when I get an agent that is rude like that and don't really have the time to challenge them then complain), just go along with what you were doing, and watch out for that agent again. Is that the woman in her mid to late fifties with brown hair? I had an agent of that description who was unbelievably abrupt and rude once when traveling with my family.

They're getting Nexus next month.

If the next agent gives you a hassle again then maybe change the approach.

I was on a year-long internship in Switzerland when I also came home for Christmas and filled out the resident section. The agent, after asking where I was coming from and what I was doing there, also crossed out my resident section and just wrote in Switzerland in the visitor section, so I guess that's normal.

My agent was fully polite though. Now that I study in the US, I fill in visitor when I come home.

Having lived in Europe and the US, you are a visitor for Canadian customs purposes. This is not a bad thing as you are not subject to the same import rules as other Candians returning from vacation. Just put down that you are a visitor and show your Canadian passport. They'll ask why you are abroad and how long you are staying in Canada. Not really a big deal as you cannot be denied entry into your own country. The only time that it matters is when you are returning home for good. There are duty exemptions that can be claimed for goods purchased while living abroad. I will admit that it is weird to see a V on the customs form for your own country but you will get used to it.

...She even asked...She was extremely...

This was your mistake. If ou are next in line, just bend down to tie your shoe and let someone pass you!

Love women...women CBSA agents, not so much. They are a special breed.

I would also recommend that you keep filling out the resident section.

I am on a non-immigrant (TN) status in the USA right now, and the NEXUS officer I spoke with when I updated my info (he was a CBP officer, not CBSA) advised that I keep filling out the Visitor section on the US customs card. Which I took as I'm still a resident in Canada for their purposes. So I fill out the Canadian resident portion of the CBSA Customs Declaration.

I wonder how I should fill in the application when I try to renew NEXUS...

Memorandum D2-6-1: Residential Status of Travellers Arriving in Canada (http://www.cbsa-asfc.gc.ca/publications/dm-md/d2/d2-6-1-doc-eng.html).

The phrase "settled routine of their life" is key and ambiguous. If the person still has residential ties to Canada (a home available to them, travels home during most school breaks) then a temporary absence to study abroad does not establish foreign residency, particularly if the "visited" country doesn't consider them residents.

The OP could just as easily get the opposite interpretation next time and get hit with duties when they try to bring belongings purchased while on study in the UK back home.

Address of where you actively residing for most parts of the year....... For studies, UK would be your best bet

The phrase "settled routine of their life" is key and ambiguous.

Would you expect clarity from a bureaucracy?

I had the same issue coming through Vancouver customs 2 weeks ago. I've been studying in Australia and I come home once or twice a year, and I've been filling out the card as a resident of Canada. This time the agent scratched out what I filled out, and put me in as a "visitor". I didn't want to argue with the agent, so I didn't end up saying anything.

The thing is that legally speaking, I'm a Canadian resident because I'm not a real 'resident' of any other country. In Australia I am considered a "temporary visitor" for purposes of study, and that is how I fill out my Australian entry card. So if Canada is saying we're not residents, then it kind of means we're not residents of any country.

My good friend (Canadian as well) is also studying in Australia, and one time when he came home for a week's time (also through YVR), an agent actually yelled at him and stamped his Canadian passport saying he was only allowed to visit for 7 days. Now that's even more ridiculous than the current issue.

I just shake my head at these situations sometimes.

I So if Canada is saying we're not residents, then it kind of means we're not residents of any country..

An ideal situation, to be a Canadian citizen and a resident of nowhere. Then you'll not owe taxes to any government, since you reside nowhere.

My good friend (Canadian as well) is also studying in Australia, and one time when he came home for a week's time (also through YVR), an agent actually yelled at him and stamped his Canadian passport saying he was only allowed to visit for 7 days. Now that's even more ridiculous than the current issue.

I generally nod and move on when dealing with immigration of any country, but if this happened to me I would stand my ground and complain to a supervisor.

No resident or visitor should be yelled at under any circumstances, and no Canadian Citizen should be intimidated by restricting their ability to reside or visit in their own country.

Freedom of mobility is clearly stated in the charter:

6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

My good friend (Canadian as well) is also studying in Australia, and one time when he came home for a week's time (also through YVR), an agent actually yelled at him and stamped his Canadian passport saying he was only allowed to visit for 7 days. Now that's even more ridiculous than the current issue.

That is ridiculous, and I don't quite see the point as a Canadian citizen has the right to stay here indefinitely.

An ideal situation, to be a Canadian citizen and a resident of nowhere. Then you'll not owe taxes to any government, since you reside nowhere.

You owe fuel surcharges instead, since you probably reside on AC airplanes.

As a student studying overseas, you are 'deemed resident' on your tax return.

Cheers

This is unrelated to CRA's definition of "resident", "non-resident", etc.

Let's say I worked the job.

1. The BSO was totally out of line for yelling at you. No wonder we always got looked at with disdain. I would have taken a badge number and written the Regional Director of the CBSA PAX Ops.

2. For Customs purposes, generally you should write where you are spending the most amount of time... in this instance, the UK as your residence. This will determine the line of questioning (if necessary) regarding goods accompanying you.

This is a common problem with the current E-311, in that it does not clearly instruct the traveler what to put as their address. It's a very common mistake you made, but most definitely the BSO was out of line... he/she should have simply said "where do you spend most of the time" and if he/she was friendly enough correct the card for you.

I agree with you, pr0digy25. Hopefully one day we can get rid of those E311s entirely.

make sure u redesign it smaller, so it can fit into pockets, right now it says "DO NOT FOLD" and the form is sooo gigantic

make sure u redesign it smaller, so it can fit into pockets, right now it says "DO NOT FOLD" and the form is sooo gigantic

They're awful! The Australian forms are much better.

They're awful! The Australian forms are much better.

i love the HK one.... or the SIN one....but then, they are immigration cards only.

make sure u redesign it smaller, so it can fit into pockets, right now it says "DO NOT FOLD" and the form is sooo gigantic

Yes, that's one of those crazy bureaucratic things - design an illogically sized form and then tell people not to fold it. So I roll it up tightly, and it still fits in my shirt pocket quite nicely.

This is unrelated to CRA's definition of "resident", "non-resident", etc.

Which nowadays only truly defines your status, all things considered...I would put Visitor as you are going back to UK. Once you are done with studies and come back home, then you become resident...

Thanks everyone for your thoughts! I think the conflicting advice actually helps because I was thinking I must be an idiot for making the mistake and but then I've come in and out so many times over hte past 3 years with no comments about it, that I did wonder what was going on! The other weird thing about yesterday was that she wouldn't listen to me about where in the UK I lived. She asked where I was flying from - I said London but that I lived in Oxford. Then she said "you're studying in London?" and I said "well, Oxford". And then she said I should have written my London address down and I said I'd be happy to correct it and she just yelled that she already had and I looked and she'd written "London". Bizarre! I was annoyed at her tone but I've never had a bad experience with a CBSA officer before and I've always found them pleasant so it's a write off.

I do find it funny that as a UK passport holder who is not considered a 'resident' of the UK, when I enter the UK they scan my passport, look at me and say "welcome home". No questions asked and it's not even my 'real' country!

I agree with you, pr0digy25. Hopefully one day we can get rid of those E311s entirely.

I'm sure CBSA would love to reduce the form or some how make it more machine readable like a lotto-form, but a lot of the design has to do with stats (not sure if it is actually Stats Canada or CBSA Stats people).

My good friend (Canadian as well) is also studying in Australia, and one time when he came home for a week's time (also through YVR), an agent actually yelled at him and stamped his Canadian passport saying he was only allowed to visit for 7 days. Now that's even more ridiculous than the current issue.

.


impossible...next thing you will say that the agent asked your friend to get a visa to enter Canada ... having a Canadian passport. What kind of BS are you posting...

One of the reasons why I love Nexus. Was tired of the bull I had to put up with coming home.

Hi, I'm a Canadian citizen... she even asked the next person in line if he knew me and told HIM that he should have told me to fill in my UK address which I found very inappropriate. She was extremely rude and aggressive the whole time but that aside, I'm wondering what the policy on that is for the future....

Awesome. So the Immigration Canada experience sucks rocks even if you're a Canadian citizen.

What the %%%! Why has it become so bad over the past ten years? My experiences with IC have been without exaggeration, the worst I've experienced in the world (although I admit I've only visited fifty or so countries so that's by no means all of it).

What do they think they are "protecting" and don't they have an official requirement to behave courteously while exercising their duties? Even the US CBP and ICE must in theory respect the pledge.

impossible...next thing you will say that the agent asked your friend to get a visa to enter Canada ... having a Canadian passport. What kind of BS are you posting...
Very possible, I was flying PAP MIA YYZ on a Canadian passport, (working in PAP). He asked for proof of departure to PAP. I refused to show it as I was a Canadian citizen at the time. He would not land me until the police and a supervisor set him straight.

Very possible, I was flying PAP MIA YYZ on a Canadian passport, (working in PAP). He asked for proof of departure to PAP. I refused to show it as I was a Canadian citizen at the time. He would not land me until the police and a supervisor set him straight.

Where was this? Who was "he"?

The police, really?

Where was this? Who was "he"?

http://www.youtube.com/watch?v=_S2wWVGprMQ

http://www.youtube.com/watch?v=_S2wWVGprMQ

Hihihi!! I love that show, especially the Ian bits.


Here's my favorite (http://www.youtube.com/watch?NR=1&feature=endscreen&v=dCk6fSQ21rY), including both of my preferred characters, Ian and Taaj.

Cheers

The OP's problem has to do with definition "resident" and each branch of the government has a different definition of the term.

For example,

CRA - has deemed me a "resident for tax purposes" I have too many assets in Canada, own a home, have rrsp for retirement etc so I did not qualify to be a non resident even though I live in China right at this moment.

CBSA - I am deemed non resident because I do not actually live in Canada but have a place of residence outside of Canada.


When you fill out the form for customs, they want us to fill out the form with the CBSA definition in mind. Problem is, there is no definition of resident so many of us are confused about what to fill in.

I had this dicussion a few times with CBSA, one felllow was kind enough to explain it this way.

I had the same issue coming through Vancouver customs 2 weeks ago. I've been studying in Australia and I come home once or twice a year, and I've been filling out the card as a resident of Canada. This time the agent scratched out what I filled out, and put me in as a "visitor". I didn't want to argue with the agent, so I didn't end up saying anything.

The thing is that legally speaking, I'm a Canadian resident because I'm not a real 'resident' of any other country. In Australia I am considered a "temporary visitor" for purposes of study, and that is how I fill out my Australian entry card. So if Canada is saying we're not residents, then it kind of means we're not residents of any country.

My good friend (Canadian as well) is also studying in Australia, and one time when he came home for a week's time (also through YVR), an agent actually yelled at him and stamped his Canadian passport saying he was only allowed to visit for 7 days. Now that's even more ridiculous than the current issue.

I just shake my head at these situations sometimes.

Your friend should have showed the inefficiency of CBSA to the press and then press for charges/damages.
How could that CBSA employee be so damn stupid?

Would've been a nice lawsuit....and fame for CBSA.

It seems the attitude of the CBSA agents at airports keeps getting worse and worse as time goes on

Your friend should have showed the inefficiency of CBSA to the press and then press for charges/damages.
How could that CBSA employee be so damn stupid?

Would've been a nice lawsuit....and fame for CBSA.

It seems the attitude of the CBSA agents at airports keeps getting worse and worse as time goes on

Charges? Damages? Hah! That's a refreshing idea.

You really should get out more.

Charges? Damages? Hah! That's a refreshing idea.

You really should get out more.

Well, if everyone keeps quiet and accepts it, its more incentive for them to do it to another Canadian and get away with it.....

Your friend should have showed the inefficiency of CBSA to the press and then press for charges/damages.
How could that CBSA employee be so damn stupid?

Yes - Then there's a black mark in your passport against your name and each time you travel home you're off to customs secondary for a bag search.

No thanks.