Re-entering Canada for few months as a VISITOR after a 2-year WORK VISA expires

[GoRaptors]

I posted this in the FOREIGN WORKERS section too, as I wasn't sure which forum would get me the better responses to my enquiry:

So, I am an Australian on a 2-year working holiday visa, which is set to expire shortly.
My visa requires me to exit Canada by the expiry date.

Just wondering if I will have any problem if I cross into the US for a few days and then re-enter Canada as a regular Australian tourist/visitor a few days later to stay for another month or 2 or 3 in order to do a bit of travelling around before I fly home >??

I will NOT be working or have any visas/permits once I cross back into Canada...

Doesn't seem to me like there would be any probs, but just checking....

Thanks

GoRaps!

[PMM]

HI

I posted this in the FOREIGN WORKERS section too, as I wasn't sure which forum would get me the better responses to my enquiry:

So, I am an Australian on a 2-year working holiday visa, which is set to expire shortly.
My visa requires me to exit Canada by the expiry date.

Just wondering if I will have any problem if I cross into the US for a few days and then re-enter Canada as a regular Australian tourist/visitor a few days later to stay for another month or 2 or 3 in order to do a bit of travelling around before I fly home >??

I will NOT be working or have any visas/permits once I cross back into Canada...

Doesn't seem to me like there would be any probs, but just checking....

Thanks

GoRaps!

1.  You could send a request for change of status to Vegreville, pay the fee and have implied status as a visitor until you received the reply.  Since the processing time is  101 days, that would give you sufficient time without leaving Canada.

PMM

[GoRaptors]

Why would I need to change my status, when I will not have A STATUS once I depart Canada and my Work Visa expires.

All I am asking is if I should encounter any problems returning into Canada from the US a week later, without ANY STATUS, in being given a 6-month tourist visa/visa waiver (as Australians are eligible for), having just had a 2 year work visa.

THAT is the question here....

[dony h]

Exacly! I don't think you could have any problem as you may enter Canada with an Austrlian passport with no entry visa required. It is up to the Immigration Officer at the border to allow you to stay up to sixty days.

[PMM]

Hi

Why would I need to change my status, when I will not have A STATUS once I depart Canada and my Work Visa expires.

All I am asking is if I should encounter any problems returning into Canada from the US a week later, without ANY STATUS, in being given a 6-month tourist visa/visa waiver (as Australians are eligible for), having just had a 2 year work visa.

THAT is the question here....

Visitor is status, if the IO at the Port of Entry decides that you are just flagpoling and that you are probably going back to work, there is chance that s/he won't admit you, or give a very short admission to leave Canada.  Hey but it is your life.

PMM

[GoRaptors]

Hi

Why would I need to change my status, when I will not have A STATUS once I depart Canada and my Work Visa expires.

All I am asking is if I should encounter any problems returning into Canada from the US a week later, without ANY STATUS, in being given a 6-month tourist visa/visa waiver (as Australians are eligible for), having just had a 2 year work visa.

THAT is the question here....

Visitor is status, if the IO at the Port of Entry decides that you are just flagpoling and that you are probably going back to work, there is chance that s/he won't admit you, or give a very short admission to leave Canada.  Hey but it is your life.

PMM

Thanks PMM,

I am well aware that 'VISITOR' is a STATUS. But once I depart Canada and my work visa has expired I will not have a Status. So to re-enter a few days later, I would have to gain Visitor/Tourist status, however I could not submit an application for a change of status (nor do I want to in fact), as I will have no Status (once I depart Canada) to change from to VISITOR STATUS. All I am concerned about is whether I would have difficulty being allowed back in for another couple months as A VISITOR, if I have just had a working visa. Surely the two things are mutually exclusive ??

And wouldn't the presentation of a plane ticket to Australia a couple of months later be sufficient enough proof to convince the IOs that I am indeed just coming back into Canada for a couple of months before heading home ??

thanks

[GoRaptors]

anyone?

[ImmEnforce]

So you will leave Canada on the day your work permit expires, stay for a week and return to Canada to stay a few more months. (Flagpole)

Not a good idea.

You are trying to circumvent a problem that doesn't exist. Why would you ever take a risk like that?

If you want to stay as a visitor then request to stay. Before you WP expires apply for a extension / change of status to visitor. You will have implied status until a decision is made in your application. If you still wish to travel to the USA you can. Just take with you a copy of your application and proof of payment. (Proof of implied status) You can be re-admitted on implied status (new).

[GoRaptors]

So you will leave Canada on the day your work permit expires, stay for a week and return to Canada to stay a few more months. (Flagpole)

Not a good idea.

You are trying to circumvent a problem that doesn't exist. Why would you ever take a risk like that?

If you want to stay as a visitor then request to stay. Before you WP expires apply for a extension / change of status to visitor. You will have implied status until a decision is made in your application. If you still wish to travel to the USA you can. Just take with you a copy of your application and proof of payment. (Proof of implied status) You can be re-admitted on implied status (new).

Thanks for the thoughtful response there mate.

Actually I would leave 2 or 3 days before my WV expires, head to the US for a few days - maybe a week, and then come back to the border to be admitted back into Canada as a Tourist (for which Australians do not need any VISA at all, in fact they usually get a 6-month stamp into their passports saying VISITOR - ie. Visitor status - No/few questions asked) , and I will also have with me A PLANE TICKET HOME TO AUSTRALIA, departing a couple of months later.

Surely the plane ticket is good enough to show that I'm not staying indefinitely, and what about the facts on the ground - ie:
I will have just spent 2 years working in Toronto, and now want to do some travelling with the money I have been working hard to earn, AS A TOURIST , before I fly home ON A FIXED DATE ..2 months later..... I dunno - that seems pretty plausible to me... right?
Isn't that plausible>?

That seems to me like it wouldn't be a problem, and if I can avoid applying for implied status's (especially as an Australian applying for Visitor status, when typically we would never have a problem and never need to do so - and the only reason I am even enquiring about this in fact , is because I will have already been in the country 2 years). I'd rather avoid these applications , implied Visitor status (unheard of for Australians - but I don't know what is actually heard of for those of us having already completed 2 year working visas, which is what sets my case apart), fees, waiting periods,etc if I can.

I absolutely don't want to risk not being allowed back in upon my return a few days later, but I also don't want to go to all the hassle and costs of applying for something that may not even be needed at all....

I did spend $250 dollars on a multiple entry US visa to avoid any hassles in travelling to the US whilst I was in Canada, and every time I go down into the US they tell me that I don't need it and it was a waste, and in fact the curiousness of why I would have this visa which I don;t technically need actually attracts the very hassles , (perhaps eve more hassles) that I had hoped to avoid by having that Visa. So needless to say, I don't want to apply for implied status - implied Visitor status no less - (that Aussies don't usually ever need) and spend unnecessary money and attract unnecessary attention - for nothing....

DOES ANYONE HERE HAVE ANY CONCLUSIVE INFORMATION ON THIS MATTER, AND WHAT WHILL BE THE BEST AVENUE FOR ME TO GO DOWN HERE??

I WOULD REALLY GREATLY AND SINCERELY APPRECIATE IT

CHEERS,

[davewright]

Hello mate,

Having been a UK citizen in almost exactly the same situation I could perhaps share my experiences with you. I applied to extend the length of my stay with the CIC. In hindsight it was largely academic as whenever I crossed back into Canada I was asked very few questions. Its more of a comfort thing to have though and I didn't have to feel I had to argue my case at the border.

In your case, I can see where you are coming from but for $75 you don't have to leave Canada at the end of your two years. Not only that, but you don't run the risk (though it is a very small one) of being stuck trying to get back in. If you have a flight back to Oz (like you do), enough funds and somewhere to stay in all probability you should be fine. Immigration Officers use a lot of common sense when making decisions and should look favourably upon you.

However, for the sake of $75 and a few hours filling out paperwork, you eliminate any risk of not being allowed back in

[ImmEnforce]

Thanks for the thoughtful response there mate.

Actually I would leave 2 or 3 days before my WV expires, head to the US for a few days - maybe a week, and then come back to the border to be admitted back into Canada as a Tourist (for which Australians do not need any VISA at all, in fact they usually get a 6-month stamp into their passports saying VISITOR - ie. Visitor status - No/few questions asked) , and I will also have with me A PLANE TICKET HOME TO AUSTRALIA, departing a couple of months later.

Perfectly plausible, until they see that your 2 year status just expired and your attempt to cross the border is a thinly vailed attempt to gain another 6 months without going through the proper proceedures. I wonder how many people that flagpole have a return ticket? (Strike 1)

Surely the plane ticket is good enough to show that I'm not staying indefinitely, and what about the facts on the ground - ie:
I will have just spent 2 years working in Toronto, and now want to do some travelling with the money I have been working hard to earn, AS A TOURIST , before I fly home ON A FIXED DATE ..2 months later..... I dunno - that seems pretty plausible to me... right?
Isn't that plausible>?

Completely plausible. Or is this guy just trying to circumvent the legislation to stay as a visitor? hmmmm

That seems to me like it wouldn't be a problem, and if I can avoid applying for implied status's (especially as an Australian applying for Visitor status, when typically we would never have a problem and never need to do so - and the only reason I am even enquiring about this in fact , is because I will have already been in the country 2 years). I'd rather avoid these applications , implied Visitor status (unheard of for Australians - but I don't know what is actually heard of for those of us having already completed 2 year working visas, which is what sets my case apart), fees, waiting periods,etc if I can.

You are applying to change or extend your status. Not applying for implied status. You are deemed to have implied status as a function of the law during your application period. Every foreign national is required to maintain there status if they wish to remain in Canada.

I absolutely don't want to risk not being allowed back in upon my return a few days later, but I also don't want to go to all the hassle and costs of applying for something that may not even be needed at all....

Then spend $75 on an extension application. How much will it cost to change your flight to depart from the USA? I hope you don't tell the officers at the border that you didn't what to apply for an extension "Beacuse following the law is a hassle" (Strike 2)

I did spend $250 dollars on a multiple entry US visa to avoid any hassles in travelling to the US whilst I was in Canada, and every time I go down into the US they tell me that I don't need it and it was a waste, and in fact the curiousness of why I would have this visa which I don;t technically need actually attracts the very hassles , (perhaps eve more hassles) that I had hoped to avoid by having that Visa. So needless to say, I don't want to apply for implied status - implied Visitor status no less - (that Aussies don't usually ever need) and spend unnecessary money and attract unnecessary attention - for nothing....

There may be something fundementally missing from your logic. You do not have the right to enter Canada. You ask for permission and an officer may or may not grant your request. Show any kind of disreguard or disrespect of our laws and ..... (strike 3)

DOES ANYONE HERE HAVE ANY CONCLUSIVE INFORMATION ON THIS MATTER, AND WHAT WHILL BE THE BEST AVENUE FOR ME TO GO DOWN HERE??

I WOULD REALLY GREATLY AND SINCERELY APPRECIATE IT

You ask a question and several people give you a perfectly reasonable and polite answer. You may get back in without any issues or you maybe saying "But, But, But, But I am Aussie" as you are directed back to the USA.

Your next question should be....What will the USA do if I am returned to the USA for attempting to circumvent Canadian Immigration Law?

[Ssarah183]

I'm from the UK and was in Canada as a visitor while I waited for my visa to come through. They let me in no problems the first time but rather than risk getting turned away by doing a flagpole (as you plan to do) I spent $75 to ask for a visa extension. I was planning to go home in Jan so I would be home before they even began to process the application but I did it for implied status.

Luckily my visa has come through now so I don't need it but it was well worth $75 to not take the risk of not being allowed in because an IO on the border had a bad day or thinks I am suspicious.

You've been given advice many tiimes over by respected members of this site, if I were you I would listen. Cancel the trip to the US, apply for a visitor visa and enjoy your time on implied status while visiting Canada. Yes you could flagpole and have no problems at all but what if you do have problems and weren't let back in? Would it have been worth it?

[GoRaptors]

Davewright: thanks for the sensible advice - seems like it may be a good idea to follow that route - if only for the peace of mind.

ImmEnforce : Thanks for the clear-cut, no b.s response. Stern and blunt, but I think that's what I needed to hear. You're 100% correct - I have no right no feel this sense of entitlement (which I guess one can get, after very easily having been granted a 2-year WV with no conditions).. Although I wrote it, I didn't mean that I would apply for 'implied status'. I realise that sounds ridiculous. I meant apply for visitor status ( thereby having implied status), but I guess that's just what came out when I typed all that so quickly...
I really appreciate your meticulous approach to my queries however, and your thoughtful responses....

Since you have really put all this stuff into perspective for me, I wanted to put a couple more questions to you, if you don't mind?

As far as I am aware though, implied status would only apply to an application of mine to extend my working visa ( which is clearly stated to be impossible). I could get the 101 days of implied status by applying for an extension ( that I, Immigration and anyone else knows will never go through), correct?

Or could I just go to Service Canada before my work visa expires and have them change my status to Vistor - which would give me 6 months ?

Am i understanding this correctly?

ie: the 2 options I have are:

1- apply to extend my work visa, and therfore gain automatic implied status giving me an extra 101 days before I have to leave.

or 

2 - change my work visa status to visitor status - before it expires - giving me the 6 months on the tourist visa ??
[And would this be a simpler process than applying for an extension of a WV that is not allowed, and which I am never going to get, and which only gives me 101 days more. ie. IS THERE ANY APPLICATION/WAITING PERIOD in Changing from my WV to a VV while my work visa is still valid? Is it just a matter of simple paper work at Service Canada?] Surely it's not also going to take 101 days to change from WV statuS to VV STATUS, right ?

Is this the correct understanding?

Another MAJOR concern of mine, is that beyong my work visa expiring, I was plan to cross into the US a couple of times anyway,for a few days at a time to visit friends I have in NY on one occasion and Detroit on another during my Visitor-status time in Canada (whether it be 101 days if I have implied status or 6 months if I am granted a VV), before I eventually fly out of a Canadian airport...

NOW, would I be able to cross out of Canada into the US and back a few days later ON A COUPLE OF DIFFERENT OCCASIONS, perhaps a month or two apart, WHILE ON A VISITOR VISA or WHILST HAVING IMPLIED STATUS??

Would either of these two status's both allow me to do multiple trips into and out of the US (like I have been able to under my current WV), during my Visitor status/implied status period in Canada?
                   

Those are my major concerns right now...





And Sarah: thanks for encouraging further common sense behaviour. I am a bit of a risk-taker by nature, but in this sitch I'd rather be on the safe side and have the peace of mind rather than gambling with what is essentially my life-situation until (hopefully) the middle of 2010... So thanks for your anecdote - I WOULD rather be safe than sorry...


cheers people,

[dony h]

I'm from the UK and was in Canada as a visitor while I waited for my visa to come through. They let me in no problems the first time but rather than risk getting turned away by doing a flagpole (as you plan to do) I spent $75 to ask for a visa extension. I was planning to go home in Jan so I would be home before they even began to process the application but I did it for implied status.

Luckily my visa has come through now so I don't need it but it was well worth $75 to not take the risk of not being allowed in because an IO on the border had a bad day or thinks I am suspicious.

Since you were a Limey you do not need to apply for a visa to enter either the U.S. or Canada. As an international traveller under the Visa Waiver Program you do not need a visitor visa; however, you do require, under the enhanced security requirements for the U.S., to apply online, free of charge, on the ESTA (Electronic System for Travel Authorization) web site to secure an application number to ensure your admission to the U.S. at least three days prior to your travel.