I left Canada during my in-Canada Sponsorship application. Need Help!!!

[blueandblue]

Hi all,

A few months ago I left Canada after my girl friend and i submitted our application (in canada sponsorship application) for my PR in January. I also submitted a work permit and visa extension application along with our application. But they didnt process our file until june when my TRV expired. So i thought i should leave canada before my visa expired and i left. I didnt know that i could have stayed.
Now, i'm planning to return to Canada, but after i read the forum, i learned that i may be denied entry at the border. I'm really stressed out right now, cause i was planning to fly in 3 weeks. I dont know what to do. Is it 100% that i will be denied? should i take the risk?

I have a multile entry visa, and I did my master's degree in canada in 2003. I've been going in and out of canada for more than 5 years and  I never overstayed my visa. Wouldnt it be obvious for the IO that i dont have any intention to overstay?

I desperately need some advice. Please help.

thank you sooo much

[RobsLuv]

If you have a valid multiple-entry visa, it's not likely you will be refused entry.  It isn't that inland applicants are absolutely refused re-entry if they leave Canada and try to return - the risk is that, if for some reason you are deemed ineligible to re-enter Canada, your inland application would be forfeited because you will not be able to meet the residency requirements and attend your landing interview, which happens IN Canada.  Doesn't sound like that's likely to happen in your case.  My advice - enter like you normally do and don't disclose info about your inland ap or your partner in Canada unless you're specifically asked. 

[blueandblue]

Thanks alot for your reply,

but dont you think they actually see that i applied for PR on their screen? so, i dont know if i should misrepresent myself. That may cause more problems, no?

the main reason i left is to provide cic with the updated police clearence certificates. So, would that make any difference if i tell them that i actually had to leave to gather the documents asked by cic?

i'm also taking a leave of absence from my current job. I could also get a letter stating that i'm on a leave and start my job in 6 months. wouldnt that convince him i'm planning to leave canada at the end of my visa?

one last thing; if i'm denied entry, what's the procedure? do they take you to a police station? or just let you stay in the transfer area of the airport and wait until you take a flight back home?  I cant handle to be mistreated or handcuffed since i'm no teenager anymore.

thanks alot for your help again.

[RobsLuv]

You have to remember: it's not illegal to leave Canada while your inland PR application is in process.  The reason they caution against it is because authorization to enter Canada is always at the discretion of an immigration officer.  If you're not authorized to return to Canada, you cannot meet the inland requirement for PR approval of living in Canada with your sponsor and you cannot attend your landing interview - which is held in Canada.  If you have a multiple-entry visa, you're probably from a non-visa-exempt country - which means that your multiple-entry visa already authorizes you to come back to Canada.  Granted, you will probably undergo a cursory exam at the Canadian port of entry, but unless you've committed a crime or done something that would otherwise make you inadmissible to Canada, chances are that there would be no reason for them to detain you.  They may see that you have a PR ap in process - and if they ask you, say "Yes".  It's not a crime to have a PR ap in process - you just need to be able to demonstrate that you have the means and intent to leave Canada if your PR application is refused and your visa expires.  That applies whether you have an inland or an outland PR ap in process!  You don't have to make excuses for why you left - you took a leave of absence to go home to attend to some personal affairs and now you're coming back to Canada to go back to work.  Like I said, if you have a multiple-entry work visa and you present that when you return to Canada, and you are otherwise still admissible (no crimes committed, etc.) you shouldn't have issues.

If you're denied entry, they simply deny you entry to Canada and you have to make arrangements to go somewhere else.  I'm sure you could stay in the transfer area of the airport until you had another flight.  There is absolutely no reason to assume they will arrest or handcuff you - teenager or not!