Re-entry after leaving due to death in the family

[jamorgan]

Hi

I have been living in Canada since May 2010 with my husband who is a Canadian citizen. I have been here as a visitor and we are currently working on (and almost ready to send in) my permanent residence application. My current status as a temporary resident was extended until August 2012 but this morning my father passed away and I have to go back to the US. I know that my current travel document says it does not guarantee re-entry, but are there any reasons I would get denied coming back to Canada in a week or two? Is there anything I can do to make it more likely that I will be allowed back in?

Thank you in advance for any information.

[scylla]

My condolences.

Yes - there's always a chance you might be denied entry (even as a US citizen) - especially given the amount of time you have been spending in Canada. ***As an aside, hope you're planning on applying outland rather than inland for PR.***

To increase the chances of being allowed back in (there's no way to guarantee it), do as many as possible of the following:
- pay the PR application fees now and carry the receipt with you as proof you have plans to apply for PR
- bring proof that you are almost ready to file the PR application (e.g. copy of a few of the forms)
- if your husband is coming with you (it would be ideal if he did), go through immigration with him and let him do the talking (he should say you're filing a PR application soon and show proof of this)
- bring proof that you still have ties to the US (e.g. property ownership, bank accounts, proof of employment, proof of school enrollment) although I'm guessing this might be difficult for you to do given you've been in Canada since 2010
- be able to show sufficient funds to pay for your stay in Canada since you're not allowed to work
- be able to show a return ticket (this may not be something you wish to do but if you can, it would be to your advantage)

To sum it up, behave as a visitor to Canada (rather than someone who lives here) because by the book, visiting is all you're allowed to do right now.

Hope this helps and my condolences again.

[jamorgan]

My condolences.

Yes - there's always a chance you might be denied entry (even as a US citizen) - especially given the amount of time you have been spending in Canada. ***As an aside, hope you're planning on applying outland rather than inland for PR.***

To increase the chances of being allowed back in (there's no way to guarantee it), do as many as possible of the following:
- pay the PR application fees now and carry the receipt with you as proof you have plans to apply for PR
- bring proof that you are almost ready to file the PR application (e.g. copy of a few of the forms)
- if your husband is coming with you (it would be ideal if he did), go through immigration with him and let him do the talking (he should say you're filing a PR application soon and show proof of this)
- bring proof that you still have ties to the US (e.g. property ownership, bank accounts, proof of employment, proof of school enrollment) although I'm guessing this might be difficult for you to do given you've been in Canada since 2010
- be able to show sufficient funds to pay for your stay in Canada since you're not allowed to work
- be able to show a return ticket (this may not be something you wish to do but if you can, it would be to your advantage)

To sum it up, behave as a visitor to Canada (rather than someone who lives here) because by the book, visiting is all you're allowed to do right now.

Hope this helps and my condolences again.

Thank you for the quick response and information, I appreciate it.

I am applying in-land. I am leaving so quickly and will be leaving my car and my dog and other belongings here with my husband.

I was also considering having my husband write and sign a letter saying he is able to support me and agrees to be financially responsible. Unfortunately he will not be joining me because of his job.

We don't have the application paid for, but I have had my fingerprints done for the police certificate. I will bring that and copies of the filled out PR application.

I will be sure to tell the immigration officer that I understand I am just a visitor until my application is in and will behave as such.  And that I understand and  intend to fully comply with their decisions. Hopefully they will be compassionate.

Thank you again.

[scylla]

You can pay the fees online and print the receipt from the CIC web site. You should really consider doing this before you leave. This is considered to be fairly strong evidence that you intend to apply.

You should also really (really really) consider applying outland. You can do this while you are in Canada (my husband did this as did many others on this forum). It's typically significantly faster for Americans (my husband's file was approved in 4 months - while the first stage of the inland process alone is now 11-12 months). Applying outland also allows you to leave the country without fear of abandoning your application and gives you the chance to appeal on the off chance the application is rejected (there are no appeals allowed with inland applications).

[jamorgan]

You can pay the fees online and print the receipt from the CIC web site. You should really consider doing this before you leave. This is considered to be fairly strong evidence that you intend to apply.

You should also really (really really) consider applying outland. You can do this while you are in Canada (my husband did this as did many others on this forum). It's typically significantly faster for Americans (my husband's file was approved in 4 months - while the first stage of the inland process alone is now 11-12 months). Applying outland also allows you to leave the country without fear of abandoning your application and gives you the chance to appeal on the off chance the application is rejected (there are no appeals allowed with inland applications).

I had no idea I could apply outland while actually being here. That's something that I will certainly look into after I take care of things at home because that sounds like a much better way to do this.

My husband and I will pay the PR fee online next week and I will have the receipt with me when I return in two weeks. I wish we could do it before I leave, but it's just not feasible until next week.

Thank you again, I cannot tell you how much I appreciate it.

[scylla]

Glad to help.

Come back and post more questions when you get back if you need any more help.