Staying as a visitor while waiting for PR

[Slick]

I am a US citizen, and applied for PR under the FSW program. While I am waiting for the PR, can I stay in Canada as a visitor? (for up to 6 months)
I will be meeting with my husband who is currently on a work visa AND also co-applicant on my PR application (Note - he is not a USC). We both will basically be waiting for the PR while already in Canada.
This will also mean that I will have to quit my current job and obviously be jobless and unable to work while living in Canada.
I don't believe that quiting my job will affect my PR application, but just want to make sure that my actions do not interfere with the PR application.
BTW, I am an accountant and received my AOR in FEB of 2009.

[MaggieRoo]

Hi Slick,

your topic is somewhat related to my recent post - Waiting for PR in Canada - visitor visa?

I am a European in Canada, my work permit is running out and I want to stay as a visitor in Canada while waiting for PR.

Yes I'm thinking you can apply from outside of Canada for a TRV for 6 months - using the reason you would like to join your partner, proof you have sufficient funds plus his financial support as he is working - but you have what's known as dual intent - you have applied for PR but intend to stay as a visitor - so you'll have to prove that you will leave after the TRV is expired even if your PR has not come through - evidence of this would be a job to go back to, a house in the US, plane tickets back etc.

I found this info on the net which implies it is risky to look for a visitor visa while applying for PR, and it is at the discretion of the officer on the day to let you in. But still, best to mention PR on the application since they will know anyway...

"In some cases an applicant wishing to apply for a visitor visa has an immigrant application already in process. This area is referred to as dual intent. The fact that a prospective visitor has an immigrant application pending or is even planning to apply for permanent residence is not, in itself, grounds to refuse to issue a visitor visa. A person may have the dual intent of immigrating and of abiding by the immigration law respecting temporary entry. An intending applicant for immigration to Canada may often have a legitimate reason to visit Canada before the residence application is finalized. Visa officers attempt in such cases, to distinguish between legal and illegal immigrants. Illegal immigrants are those who have no intention of leaving Canada should their immigration application be refused. As visa officers yield significant discretion to issue or refuse a visitor visa this area of decision making has come under increasing controversy"

I think you have a better chance than me for getting a visitor visa, since you have a partner, a legitimate reason to hang out in Canada, and you can apply from the US - whereas I am stuck in Canada and you are not supposed to apply for your first initial TRV from inside Canada, but if i leave I will be throwing away my PR application!

Go for it and good luck! Sounds like work experience and all that is counted from when you apply, so leaving your job now won't affect your PR, but you will have to let them known the change in your situation and location...

[Slick]

Hi MaggieRoo,

Could you please tell me where you found the quoted information above? (Link to site, or name of site would be great)

Based on all the information I was able to find, staying as a visitor while waiting for PR is technically legal.

As a USC, I can visit Canada for up to 6 months without a visa.  As a matter of fact, within the past 5 months, I've travelled to Canada twice all the while my PR application was still pending.  Although, on both occasions, I only stayed 2 weeks, this time it will be slightly longer (6 months). 

Common sense, would says that as long as I show good intention of returning to the US after the visit (which I have no reasons whatsoever to do otherwise), there should be not problems at all.

I just want to be with my husband ASAP, while we wait for the PR.

BTW-Which European country are you from?  My husband is from France.

[MaggieRoo]

Hi Slick,

I'm sure this is going to work out for you - apply to Buffalo beforehand to get a 6 month visitor visa, with sufficient funds, husbands details and work permit, and perhaps proof of your own full health insurance, to not be a burden to Canada, and you could extend the visitor visa once there, cos PR takes a while. You could also bring all proof and documents and do it at the border, but maybe better through Buffalo, though could take 2 months.
The website is just one of many lawfirms I've been looking at with similar information but sometimes put a different way which is helpful.

www.canadavisa.com/canadian-temporary-visitor-visa.html
immigration.ca/tempent-visit.asp
trackitt.com/canada-immigration-trackers

I am from Ireland, living and working in Vancouver, awaiting PR.
Good luck!

[destinationcanada]

Well you can visit canada if you are a US Citizen you dont require any visa.

When you enter Canada, a border services officer may ask to see your passport and a valid visa (if you are arriving from a country from which one is required). If you are a U.S. citizen, you do not need a passport to enter Canada; however, you should carry proof of your citizenship such as a birth certificate, a certificate of citizenship or naturalization or a Certificate of Indian Status, as well as a photo ID. If you are a permanent resident of the United States, you must bring your permanent resident card (i.e. green card) with you. For more information on admissibility into Canada, read the fact sheet called Managing Access to Canada. It is available on our Web site at www.cbsa.gc.ca.


http://cbsa-asfc.gc.ca/publications/pub/bsf5082-eng.html

[Slick]

Well you can visit canada if you are a US Citizen you dont require any visa.

When you enter Canada, a border services officer may ask to see your passport and a valid visa (if you are arriving from a country from which one is required). If you are a U.S. citizen, you do not need a passport to enter Canada; however, you should carry proof of your citizenship such as a birth certificate, a certificate of citizenship or naturalization or a Certificate of Indian Status, as well as a photo ID. If you are a permanent resident of the United States, you must bring your permanent resident card (i.e. green card) with you. For more information on admissibility into Canada, read the fact sheet called Managing Access to Canada. It is available on our Web site at www.cbsa.gc.ca.


http://cbsa-asfc.gc.ca/publications/pub/bsf5082-eng.html

Thanks for the reply destinationcanada.  I'm aware that as a USC I can visit Canada for up to 6 months.  But, can I do so WHILE waiting for the PR?

[dreamchaser]

http://www.canadavisa.com/canada-immigration-discussion-board/trv-temporary-resident-visa-granted-while-pr-in-process-t18644.0.html