Did anyone go out of Canada while waiting for your inland application reply?

[jaune]

anyone can share your story please if so. I'm so confused whether I should make the decision of going abroad for 2 months to do some volunteering work which would be significant to my life. I'm the common law partner who is being sponsored but it's been 6 months now and I still haven't got any confirmation...I'm dying to go out of Canada to visit my families as well...

 

[RobsLuv]

IF you applied via the inland application process, you are required to be resident in Canada with your sponsor/partner in order to be approved. If you leave Canada and are not re-admitted when you try to come back (and there's no guarantee you would be - having a PR ap in process will not get you back into Canada), you will forfeit the application.

 

[jaune]

Thank you for your reply.

I know about this risk indeed but I wanted to listen to people who did travel out of Canada while waiting for their application result, I don't know what kind of law or uncertainties could make the immigration officers refuse my re-entry when I come back to Canada, so it would be helpful to get some advices? I don't need a VISA to travel to Canada normally...

 

[BeShoo]

what kind of law or uncertainties could make the immigration officers refuse my re-entry when I come back to Canada

For comprehensive look at what kinds of things might cause your re-entry to be refused, see section 9 of the OP 11 manual. The table of questions on pages 13 to 15 (pages 14 to 16) of the PDF is particularly helpful.

Essentially, for visitors who are not health or safety threats, they are most concerned that you will not work illegally and that you will leave the country if and when your visitor period ends.

 

[jaune]

Thank you Beshoo, I had a look at the document, so perhaps if I'm able to prove that I'll leave if my application is refused, that will increase the chance of my re-entry to Canada? Would it be enough to show my family ties in my home country?

 

[al4ya]

I applied for inland sponsorship and I got AIP in june 2008, I don't have my pr yet.
Last month I went to the states and came back with no problems at all.

 

[BeShoo]

... so perhaps if I'm able to prove that I'll leave if my application is refused, that will increase the chance of my re-entry to Canada? Would it be enough to show my family ties in my home country?

As long as the immigration officer you talk to thinks yu'll go back, you should be fine. When I brought my partner to Canada recently, the officer let him in, but only for 3 months. We had the application all filled out, but he didn't have a receipt for the fees. She told us we were "doing it all backwards." Anyway he came to Canada after moving out of his appartment. We put some stuff in storage and took some to his father's place, which is now his U.S. address. He has no job and no money to go back to. It's a 7 hour drive to his father's place, but I can do it if he has to go back. She said she wasn't satisfied that he had sufficient ties, but she gave him 3 months anyway. His whole family is in the U.S. but that kind of wasn't enough. That's all I can tell you.

 

[jaune]

Thanks al4ya for your sharing. So, you've been waiting for quite a long time now, I imagine one would die for going back home once after being stuck in Canada for such a long time! That's my case at least...I can't imagine not returning home for more than 2 years if the application does take that long. Was your husband asked a lot of questions at the immigration when he re-entered though? How long did he spend in the States? It would be nice to hear you share more about your story...what you said assured me somehow already.

Beshoo, thank you for your story too. I don't understand why they said <you were doing all backwards>? What did the IO mean to say?

 

[al4ya]

I was in the states for almost a week, we went on a vacation to Florida.
On the way back, It was probably the easiest time to enter to Canada since I been here.
It only took a minute to scan my passport and asked me where I was, and that was about it.
Just to mention something, I was with my wife and son when we entered Canada, that could be a reason why I wasn't hassled (they are Canadians).
Generally speaking, if you have any kinda residence (temporary) or extension and you are not a thread to the security or public health, there shouldn't be any problems.

 

[jaune]

oh sorry, I don't know for some reasons I imagined that you wife posted the message for you..

May I know if you arrived by car or flight? I don't know why many people warn the inland applicants that they must not leave Canada until they get their PR card, I wasn't so worried in the beginning but more I read, more I'm paranoid now!

 

[al4ya]

We arrived by flight.
Do you have any temporary residence or extension?

 

[jaune]

I have an implied status now and normally, I don't need a VISA to enter Canada given that I'm from HK...I can stay up to 6 months everytime I come in...

 

[BeShoo]

Beshoo, thank you for your story too. I don't understand why they said <you were doing all backwards>? What did the IO mean to say?

I think she meant that he was coming to visit and we were sending in the application afterwards, and that we should have sent in the application (or at least paid the fees) before he came.

It was kind of last minute that he came at that time because he was being evicted from his apartment and he had to go somewhere. I tried to pay the fees online on the way to the border but I got confused, thought I was sending the application to Buffalo and they won't accept online fee payments, so I did not have a receipt. In actual fact, a spousal/partner application has to be sent to Mississauga and of course can be paid for online.

 

[jaune]

Oh Beshoo, I thought you had made an inland application before you came back from the U.S. to Canada...
So you didn't hand in the application yet when he entered Canada? If he didn't, he could have just entered Canada as a tourist, given that he is an US resident, he should have up to 6 months like any other VISA exempt countries.

Sorry if I misunderstood anything, I'm a bit confused by your story too...

 

[matthewc]

I did actually take a trip to New York for a few weeks while my inland app was in process. It was an opportunity for some work at the UN I couldn't turn down. I would recommend it though - I knew all the rules about dual intent, etc, but was still worried they would realise I had the app in progress and get denied entry.

My advice: when you come back in, make sure what you say is as simple as possible, with no complications. Don't lie at all, but have your story straight before hand, keep it simple, and certainly don't volunteer more info than they ask for. e.g. "I'm visiting a friend for a couple of months" - that was true, but my friend was my partner (sponsor) and the plan was hopefully for the PR to come through in the next couple of months before another trip.

I got through without being sent to secondary, which was a big relief. I don't recommend it, unless it's sufficiently important that you're willing to jeopardise the PR application to go on the trip.