Mexican inland PR application

[Puctaman]

Hi I am sponsoring my wife for PR inland.  We sent our application August 2010.  We have yet to receive first stage approval even.  My wife wants to visit her family back in mexico for christmas, then come back afterwards, since she hasn't seen them in 3 years.  We tried calling immigration, but they are totally useless and give us different answers each time we call them.  How likely is it she will be denied re-entry if she goes to visit for the holidays?

[Huron]

It really depends on the applicants personal situation and the VO looking at the case.  There really is no way to say for sure.  I personally believe that a new  TRV would be denied especially if the applicant has not been to Mexico in 3 years.  (IMHO it would be hard to prove ties to a country that one has not been to lately.  Please take a look at the requirements for the TRV.)

There was a widely published case not too long ago very similar to the one you are describing.  Mexican inland pr applicant went to Mexico to visit dying/dead  or seriously ill family member and was denied a TRV  and therefore was not able to return to Canada and the application for PR was abandoned.  They had to start a new out land application.  It was in all the newspapers at the time.

(I cant find the case now. I could  be wrong but I think I do remember it was a woman, and I seem to remember that she had called the call centre for "permission".  They told her something like yes you would be allowed back in but you will need to get a TRV first. Again kinda foggy on the exact details I am some some one else here remembers the case.   It was in all the newspapers. 

In short unless you already have a Multiple entry TRV I would not risk leaving Canada with a pending in land application unless you do not mind starting over with an outland application in case the TRV would be denied.

[Leon]

Agreed.  It is not wise to take that risk unless she already has a valid multiple entry TRV and even then, she could still be refused entry back basically on a whim of the IO.  What is her status now?  Has she been extending her visit status?  If she has gone out of status at some point, they could use that as a reason to not let her back.

[Midcityjohn]

I would look into getting a work permit for her. I believe Canada and Mexico have special agreements through NAFTA concerning work permits. Maybe if she had a work permit they might let her.

[PMM]

Hi

I would look into getting a work permit for her. I believe Canada and Mexico have special agreements through NAFTA concerning work permits. Maybe if she had a work permit they might let her.

Extremely unlikely.

[Midcityjohn]

North American Free Trade Agreement (NAFTA)

Under Chapter 16 of NAFTA, citizens of Canada, the United States and Mexico can gain quicker, easier temporary entry into the three countries to conduct business or investment activities.

Business people covered by NAFTA do not need a labour market opinion from Human Resources and Social Development Canada (HRSDC). This means that Canadian employers do not need to have a job offer approved by HRSDC to employ a United States or a Mexican business person, as set out in NAFTA.

Business people covered by NAFTA must, however, comply with the general provisions on temporary entry to Canada.

[Huron]

North American Free Trade Agreement (NAFTA)

Under Chapter 16 of NAFTA, citizens of Canada, the United States and Mexico can gain quicker, easier temporary entry into the three countries to conduct business or investment activities.

Business people covered by NAFTA do not need a labour market opinion from Human Resources and Social Development Canada (HRSDC). This means that Canadian employers do not need to have a job offer approved by HRSDC to employ a United States or a Mexican business person, as set out in NAFTA.

Business people covered by NAFTA must, however, comply with the general provisions on temporary entry to Canada.

Not to hijack the tread but .....
You may apply for a work permit as a NAFTA Professional if you meet the following conditions:

    You must have already received an offer of employment from a Canadian employer.

    You must be qualified to perform the duties of the position you have been offered.

    The position you are offered must be a skilled occupation and be one of the 63 approved Professions.

    You must not be seeking self-employment in Canada. If you have been self-employed and do not have an offer of employment from a Canadian employer, please see Trader and Investor information.

You must provide documentation and evidence of the above.

[Puctaman]

Thanks for your replies. I was hoping for this to be a bit easier but thanks for all the advice.