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Se han recibido múltiples consultas de mexicanos que se encuentran actualmente en Canadá, con autorización del Ministerio de Inmigración, y que desean viajar a Estados Unidos (continental). Al respecto se informa que Inmigración Canadá señala que en principio mientras el permiso original de estancia no haya vencido, no requieren visa y pueden reingresar dentro del periodo originalmente autorizado. ES DE SEÑALAR QUE CORRESPONDE AL OFICIAL DEL PUERTO DE ENTRADA DECIDIR SI SE PERMITE O NO LA ENTRADA A CANADA. Ver anexo punto (3) (f) (i) y (ii):
http://laws.justice.gc.ca
“Immigration and Refugee Protection Regulations
SOR/2002-227
Division 5
Temporary Resident Visa Exemptions
(.....)
Visa exemption — purpose of entry
(3) A foreign national does not require a temporary resident visa if they are seeking to enter and remain in Canada solely
(a) subject to an agreement between Canada and one or more foreign countries respecting the obligation to hold such a visa,
(i) as a member of a crew of a means of transportation other than a vessel or to become a member of a crew of a means of transportation other than a vessel, or
(ii) to transit through Canada after working, or to work, as a member of a crew of a means of transportation other than a vessel, if they possess a ticket for departure from Canada within 24 hours after their arrival in Canada;
(b) to transit through Canada as a passenger on a flight stopping in Canada for the sole purpose of refuelling and
(i) they are in possession of a visa to enter the United States and their flight is bound for that country, or
(ii) they were lawfully admitted to the United States and their flight originated in that country;
(c) to transit through Canada as a passenger on a flight if the foreign national
(i) is transported by a commercial transporter and there is a memorandum of understanding referred to in subsection (4) in effect between the Minister and the commercial transporter concerning the transit of passengers through Canada without a Canadian visa,
(ii) holds a passport or travel document that was issued by the country of which the foreign national is a citizen or national and that country is listed in the memorandum of understanding, and
(iii) is in possession of any visa required to enter the country of destination;
(d) to carry out official duties as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, unless they have been designated under that Act as a civilian component of those armed forces;
(e) to come to Canada from the United States for an interview with a United States consular officer concerning a United States immigrant visa, if they establish that they will be re-admitted to the United States;
(f) to re-enter Canada following a visit solely to the United States or St. Pierre and Miquelon, if they
(i) held a study permit or a work permit that was issued before they left Canada on such a visit or were authorized to enter and remain in Canada as a temporary resident, and
(ii) return to Canada by the end of the period initially authorized for their stay or any extension to it;
(g) to conduct inspections of the flight operation procedures or cabin safety of a commercial air carrier operating international flights, if they are a civil aviation inspector of a national aeronautical authority and possess valid documentation to that effect; or
(h) to participate as an accredited representative or as an adviser to an aviation accident or incident investigation conducted under the Canadian Transportation Accident Investigation and Safety Board Act, if they possess valid documentation to that effect.
(3.1) A foreign national who is a member of a crew and who is carried to Canada by a vessel does not require a temporary resident visa if they are seeking
(a) to enter Canada as a member of the crew of the vessel; and
(b) to remain in Canada solely as a member of the crew of that vessel or any other vessel.
Content of memorandum of understanding
(4) A memorandum of understanding referred to in paragraph (3)(c) shall include provisions respecting
(a) the countries to which the memorandum of understanding applies;
(b) the scheduled flights to which the memorandum of understanding applies; and
(c) the commercial transporter's obligation to control the movement of in-transit passengers.
SOR/2002-326, s. 1; SOR/2002-332, s. 1; SOR/2003-197, s. 2; SOR/2003-260, s. 2; SOR/2004-111, s. 1; SOR/2004-167, s. 53(E); SOR/2006-228, s. 1; SOR/2007-238, s. 1; SOR/2008-54, s. 1; SOR/2008-308, s. 1; SOR/2009-105, s. 1; SOR/2009-163, s. 9(F)”.
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