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

[BeShoo]

Is there no "permission" from CIC that would gain him re-entry to Canada? The criteria for temporary visas are contrary to the situation of a PR applicant.

The only "permission" that visa-exempt visitors get is at the point of entry as far as I know. Canada explicitly recognizes "dual intent" so it is okay to intend to stay both temporarily and permanently at the same time. You just have to assure them that you will indeed leave if you permanent residency is denied. This is the standard checklist or reasons that they use when they deny a visa application:

a) any history of having contravened the conditions of entry on a previous stay in Canada
b) your travel history
c) your immigration status
d) your family ties in Canada and your country of residence
e) length of proposed stay in Canada
f) purpose of visit
g) limited employment prospects in your country of residence
h) your current employment situation
i) your personal assets and financial status

In short, they want to know that you will not work illegally when you are here and that you will not "escape" and stay beyond your permission. Going back to your home country to work would actually be a plus, I think.

 

[jaune]

Thank you Beshoo for still being around sharing your knowledge.

I've a few questions regarding the checklist-

b) travel history- what do they base on to consider one as a good travel history?

g) limited employment prospects in your country of residence- what does it mean exactly?

Finally, where do you find these info?

I'm not going back to my home country to work, am going to another country actually...I guess it's a plus all the same, right?

Many thanks!

 

[jaune]

I just found this on the TRV guidelines, it's quite clear that if we have AIP granted, then we could go out of Canada and come back without issue? What do you think? I think I'm not far from getting my AIP, maybe I should order a FOSS note before leaving?


23. Procedure: Applicants for temporary residence with in-Canada applications
for permanent residence in progress

The Immigration and Refugee Protection Act and its Regulations permit certain foreign nationals
to apply for permanent residence from within Canada. Given that processing times for in-Canada
applications can be lengthy, in some instances, an applicant may voluntarily and temporarily leave
Canada during the processing of their application.
When processing applications for temporary resident visas for foreign nationals with an
application for permanent residence in Canada in progress, officers should take into consideration
whether approval in principle (first-stage approval) has been granted. It is consistent with IRPA,
and in the best interests of both CIC and the applicant, to facilitate the re-entry of these applicants
as temporary residents in order to continue processing their application for permanent residence
from within Canada.

Note: Officers should note that issuing a temporary resident visa (TRV) to facilitate return will permit
these applicants to be granted permanent residence from within Canada. A temporary resident permit
(TRP) will not.

All in-Canada class applicants, except those in the spouse and common-law partner in Canada
class (IP 8) and the permit holder class, must not be inadmissible at the time of their PR
application. Therefore, if these TRV applicants return to Canada on temporary resident permits
(TRP), they are, by definition, inadmissible and their applications for permanent residence from
within Canada will be refused under R72(1)(e)(i), regardless of how close to finalization the
application is at the CPC-V or at an inland CIC office. In-Canada officers have no option but to
refuse these applications.

The critical determination that must be made by the visa officer when deciding whether to issue a
TRV must be whether R179 is met. In making this determination for persons with pending in-
Canada applications that have been accepted but not finalized, particularly with respect to
R179(b), the officer should keep in mind the dual intent provisions of A22(2) and be guided by the
procedures below. For additional information on processing the spouse or common-law partner in
Canada class, refer to IP 8, Appendix H, available at the following address:
http://www.ci.gc.ca/Manuals/Documents/PDF/IP/ip8_e.pdf.

23.1. Live-in caregiver or spouse or common-law partner in Canada cases
Visa officers should verify by checking FOSS or CAIPS whether or not approval in principle (AIP—
first stage "approval in principle") has been granted on the in-Canada application.
If AIP has been granted (that is, the applicant meets the requirements of the class but is awaiting
screening on admissibility), and:
• there are no serious admissibility or eligibility concerns;
• there is no reason to think the applicant is likely to fall out of status during the finalization of their application for PR within Canada; and
OP 11 Temporary Residents
2009-06-01 24
• it appears likely that the applicant will become a permanent resident during their authorized
stay in Canada (including any extensions) and would not stay in Canada illegally [i.e., meets
R179(b)];
then, if satisfied of the above, the visa officer should issue a TRV.
If AIP status is unclear or there are negative indicators concerning the current in-Canada PR
application, it is recommended that the visa office contact the in-Canada office responsible (i.e.,
CPC-V or a CIC inland office) for clarification of the case status before making a decision on the
TRV application.

If AIP has not been granted, it is also recommended that the visa office contact the in-Canada
office responsible (i.e., CPC-V or a CIC inland office) for any information that might be relevant to
the application at hand via e-mail using the CPC-Vegreville-Enquiries mailbox to communicate
with the CPC-V.

 

[BeShoo]

I've a few questions regarding the checklist-

b) travel history- what do they base on to consider one as a good travel history?

g) limited employment prospects in your country of residence- what does it mean exactly?

Finally, where do you find these info?

I believe that a good travel history is one in which you often left your home country and then returned before you overstayed your permitted time. A bad one could be where you have never left your home country before in your life and suddenly you want to come to Canada. Immigration officers view this situation as suspicious.

As for (g) I believe that high rates of unemployment in your home country is a negative factor in allowing you to come to Canada since they may think you are intending to come to Canada to work illegally and that you won't want to return to your home country afterwards, since you would be out of work.

I've seen this same list in numerous posts all of the Internet. Do a Google search for "limited employment prospects in your country of residence" and you're sure to find a few.

 

[jaune]

Thanks Beshoo for the clarifications.

I think I actually meet all the requirements then.

In fact, after reading what I posted about the regulations in the last post, do you think ordering a FOSS note before I go would be advantageous if I still haven't received my AIP till then? However, I saw that on the website, it would slow down an inland process if we order a FOSS note? And do you know how long it takes to receive our FOSS note normally? I'm not sure if I have to order it myself to show to the IO because I'm pretty sure they should have access to my inland application file if they need to check my app status at the airport during my entry, is my assumption right?

 

[matthewc]

You're correct in interpreting the policy on granting TRVs, which is that if everything else is OK, they should grant the TRV if you have AIP already to facilitate re-entry. If you don't have AIP already, this policy does not apply. It also doesn't apply if you're visa exempt - at least not directly, because you don't need a TRV. I don't recall a similar paragraph in the ENF (port of entry) manual, which is of importance here. If anyone can find one that is as explicit as that section from OP11 (other than the dual intent paragraphs) I'd be interested in the reference.

The policy is clear, but as we've seen time and again, policy isn't always followed, and you're always running a risk leaving during an inland application.

If you're planning to try to take advantage of this, I'd suggest writing down the relevant references from the manuals, so you can refer to them if you need to. If you're visa-exempt, especially, it is important to note that officers at ports of entry may not have read OP11, as that is for overseas visa offices issuing TRVs.

 

[jaune]

Matthew,

I only found this paragraph in the ENF04 port of entry manual which is directing me to have further info regarding my case in particular, I was looking for R190 as mentioned, there might be some interesting info in there, but I didn't find it and don't know wherelse I can search? Do you have any idea?

13.2. Exemptions from visa requirement
R7(2) exempts certain foreign nationals from the requirement to obtain a visa. These include:
• foreign nationals who hold a temporary resident permit issued under A24(1);
• foreign nationals who are authorized under the Act or its Regulations to re-enter Canada
to remain in Canada; and
• foreign nationals exempt under R190.
See R190 for a complete list of temporary resident visa exemptions for foreign nationals. This
section includes:
• the list of visa-exempt countries [R190(1)];
• other document holders who are exempt from the temporary resident visa requirement
[R190(2)];
• special categories of persons who are temporary resident visa exempt [R190(3)];

 

[jaune]

Matthew,

<It also doesn't apply if you're visa exempt - at least not directly, because you don't need a TRV. >
<officers at ports of entry may not have read OP11, as that is for overseas visa offices issuing TRVs.>

According to their definition of the term TR and TRV use, I think it applies on Temp Resident from Visa- Exempt countries, please correct me if I'm wrong.

Visitor vs. temporary resident—the use of terms
Under the former Immigration Act, the term “visitor” used to be an all-encompassing term for any
type of temporary stay. Workers and students were considered subcategories of visitor. According
to the IRPA and its Regulations, visitors, students, workers and temporary resident permit holders
are all now subcategories of the category temporary resident. This structure was created to make
it clear that there is a distinction between the basis upon which a foreign national seeks entry into
Canada (i.e., either as a permanent resident or a temporary resident) and the activity that the
foreign national intends to undertake while in Canada temporarily (i.e., working, studying or just
visiting).

As Canadian visitor visas were used to help facilitate the entry of most temporary residents,
regardless of the activity that was going to be undertaken, it was felt that the term “temporary
resident visa” (TRV) best reflected the new structure of IRPA. Therefore, throughout this chapter,
the terms “temporary resident” and “temporary resident visa” will be used.

And are you sure OP11 is only for overseas visa offices?

Analysing with logic, if a FN who needs VISA to re-enter Canada while having inland app in progress can apply for a TRV BEFORE leaving Canada, that means they can ensure they would be able to re-enter Canada before leaving, isn't it unreasonable that there's no means to guarantee re-entry for someone from Visa exempt countries?

 

[jaune]

Oh, I just found the R190 documents, it's nothing precise... ???

 

[BeShoo]

In fact, after reading what I posted about the regulations in the last post, do you think ordering a FOSS note before I go would be advantageous if I still haven't received my AIP till then?
...
I'm not sure if I have to order it myself to show to the IO because I'm pretty sure they should have access to my inland application file if they need to check my app status at the airport during my entry, is my assumption right?

As far as I know, you wouldn't have to show it to the IO, because I think they already have access to what's in it. It's only for you to know what they are putting in the computer about your case.

All visitors are temporary residents, but some are visa-exempt, which means that they don't get "Temporary resident visas". The point of that section you quoted is just that there are is "tourist visa" or "student visa" or "work visa". They are all just TRVs, no matter what the purpose.

Even having a TRV doesn't guarantee entry into Canada. Only a permanent resident or citizen status guarantees entry.

There are 2 processing manuals: Overseas Processing (OP) and Inland Processing (IP).

 

[iarblue]

Can i just through something in ere i kno im new but i know for a fact that if you leave while you have a pr inprocess sometimes they find it sometimes they dont.it just depends who you are standing infront of at the customs line.And having familytiesin your home country when the one you want to spend your life with is in Canada.
If this trip is so important to you that you would risk your PR then do you really want a PR,and if you really want it thendont risk it cae closed.

 

[jaune]

iarblue, I am not sure if I got your message right but I am getting myself more informed and prepared about the regulations before leaving, people's experiences and opinions are always informative and helpful, isn't that a good idea? More preparation could probably lead to less trouble.

 

[jaune]

Beshoo,

I just find it a bit incomprehensible that the section I quoted regarding "granting TRV for PR applicants within Canada" appears in an overseas processing manual. That means a foreign national who applied for PR from within Canada would apply for TRV in their local office back home while they're physically in Canada when they want to go out? That doesn't make much sense to me, that's why I was wondering...and am not sure how I should perceive this paragraph.

Matthew,

One question on your case, for how long did you ask to stay when you re-entered Canada? I was thinking if things would be easier if I ask for 3 months instead of 6 months when I come back...now, it's decided that my partner will be coming with me and he won't be with me for the entire period, he will join me only the last 2 weeks then we'll come back together.

Many thanks to both of you!!

 

[BeShoo]

I just find it a bit incomprehensible that the section I quoted regarding "granting TRV for PR applicants within Canada" appears in an overseas processing manual. That means a foreign national who applied for PR from within Canada would apply for TRV in their local office back home while they're physically in Canada when they want to go out? That doesn't make much sense to me, that's why I was wondering...and am not sure how I should perceive this paragraph.

I admit that the wohle thing is a little confusing. The way I read it, it's talking about before they come to Canada, giving them a permit that allows them to leave and return. This sentence is key, I think:

It is consistent with IRPA, and in the best interests of both CIC and the applicant, to facilitate the re-entry of these applicants as temporary residents in order to continue processing their application for permanent residence from within Canada.

In other words, they certainly can deny your re-entry, but it's not in their best interest or yours to do so. Really, the same even holds true for external processing of applicants visiting Canada: there is usually no point in not letting them back in before their application is processed. They are within their rights to exclude you, but there is not point in doing so, so they might as well let you back in.

 

[jaune]

Or perhaps, some TRV (single entry) holders enter Canada, apply for PR inland but go back home before the process is finalised for whatever reasons, then they would have to re-apply TRV for re-entry? That makes more sense I guess.

I am more relieved after I read this section really, even though it might not apply on me who is from VISA exempt, I guess, logically, it should be easier for a VISA exempt person if I have everything in order. Of course, as everybody is telling me, I would still be running a risk but the fact that I informed myself about the acts and regulations is way more reassuring, when I NEED to be, I can show all these proof to the IO and could defend myself.

However, I still haven't got this after reading it 10 times, do you know what the highlighted part means?

All in-Canada class applicants, except those in the spouse and common-law partner in Canada
class and the permit holder class, must not be inadmissible at the time of their PR
application. Therefore, if these TRV applicants return to Canada on temporary resident permits
(TRP), they are, by definition, inadmissible and their applications for permanent residence from
within Canada will be refused under R72(1)(e)(i), regardless of how close to finalization the
application is at the CPC-V or at an inland CIC office. In-Canada officers have no option but to
refuse these applications.

Many thanks!