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

Discussion in 'Family Class Sponsorship' started by jaune, Mar 16, 2010.

  1. Implied status

    The summer months are an interesting time at Citizenship and Immigration Canada’s (“CIC”) case processing centre in Vegreville, Alberta. As you may know, CIC Vegreville is responsible for processing applications to extend temporary status in Canada. All work permit, study permit and visitor record extension applications are processed by this office.

    An already busy office gets even busier in the summer because of a number of factors. Many foreign students in Canada extend their study permits in the summer months between semesters, while at the same time, many visitors wish to extend their status so as to enjoy what this beautiful country has to offer when it isn’t covered in six feed of snow and ice. At the same time, CIC staff, just like the rest of us, tries to take some time off over the summer. The consequence of this perfect storm is longer processing times for extension applications.

    According to CIC, as of 22 June 2009, visitor extensions are taking 111 days to process, work permits are taking 108 days and study permits are taking 60 days. Notwithstanding these lengthy service times, CIC encourages applicants to file extension applications a mere 30 days prior to the expiration of their current immigration document. The natural question to follow is, what rights does an applicant have while their extension application is in process? The answer is found in current immigration regulations and a recent policy update.

    Regulations 183(5), 186(u) and 189 of the Immigration and Refugee Protection Regulations (“IRPR”) each offer solutions for visitors, workers and student respectively. The common theme between these three regulations is what is known as “implied status”. Basically if a worker, student or visitor files an application to extend their status in Canada, they may remain in Canada on the terms of the original status until a decision is made on their application to extend. That is, a worker can continue to work, a student can continue to study and a visitor can continue to visit until they get an answer on their extension application, so long as they remain in Canada.

    Note that two items are absolutely imperative. First, it is a deal-breaker if the applicant does not file their extension application before their current immigration document expires. This means that the application to extend must be post-marked at least the day before a given permit expires. While I know that the CIC website says you have to file at least 30 days prior to expiration, they will accept applications postmarked as late as the day prior to expiration. The better practice is to extend as early as possible.

    Second, an applicant will lose the benefits of implied status if they leave the Canada while their application is in process. Despite this requirement, if an applicant does leave the country, immigration officers at the ports of entry do have some discretionary tools to either allow an applicant to re-enter Canada as a temporary resident, pending a decision on the renewal of their application to study or work in Canada, provided they have a temporary resident visa, are visa exempt or have a multiple-entry visa. However, even if granted re-entry, an applicant may not resume work or study in Canada until their application for renewal has been granted. For those not able to resume work, they must satisfy the officer that they have sufficient funds to support themselves until their new permit is issued. Alternatively, an immigration officer at the port of entry may allow an applicant to apply for a new work or study permit at the port of entry provided they have a right to do so under law.

    Reference:- http://immigratetocanada.blogspot.com/2009/06/implied-status.html
  2. To my understanding, OWP is neither a TRP nor TRV, for me it's a working permit with implied status( you might lose it when you come back, I'm not 100% sure though, you'd better check it) in any case, neither AIP nor OWP guarantees re-entry to Canada, so it doesn't change much whether an OWP is a TRP or TRV. I guess the fact is that your chance of being re-admitted would be bigger if you have the AIP& OWP plus if you are from VISA exempt country, but still nothing can really guarantee the ren-entry of an inland PR applicant. That's why everybody is saying that unless your trip is more important than your app, otherwise it would be a huge risk...

    Personally, I decided not to go out until I am granted PR...as I have come one big step closer to the end within the last month, I am afraid the risk is too big to bear now...
  3. 5.28. Applicants who leave Canada before a final decision is taken on their application for
    permanent residence
    An applicant’s departure from Canada after the application is stamped as received or after
    assessment of eligibility for membership in the spouse or common-law partner in Canada class
    may affect their ability to become a permanent resident.
    A foreign national becomes a permanent resident, if following an examination, it is established
    that they meet the selection criteria and other requirements applicable to that class as per
    Foreign nationals are not provided with any guarantees that they will be allowed to return to or reenter
    Canada. If they are unable to do so, their application for permanent residence may be
    refused because they are not cohabiting with their spouse or common-law partner at the time the
    case is finalized [R72(1)(d) and R124(a)].
    It may therefore be appropriate to counsel applicants who are outside Canada to withdraw their
    spouse or common-law partner in Canada class application and submit a new application for a
    permanent resident visa to the CPC-Mississauga (CPC-M).
  4. I am very worried at the moment. I have had to leave Canada to go back to the UK due to some family difficulties. I haven't been back for 3 years, and have been awaiting all this time for my Inland Spousal PR application to be approved. I was granted AIP in October 2008, however I am still awaiting PR.

    I intend to return to Canada in a few weeks, having some difficulty obtaining a flight due to the school holidays but hopefully I will be returning before the end of August.

    My lawyer has advised that I buy a return flight ticket and that I am honest with the IO at Toronto but I am very nervous about it. When they ask the purpose of my visit I will have to say that I am visiting my husband and they will most likely see from my passport that the PR is in progress. I am a British Citizen and don't require a visa - just feeling very scared that I will get a difficult IO and they will refuse entry.

    I have read some of the comments on here and hear what people say about having had the choice not to do the inland, at the time though I was lead to believe that it would not take 3 years! Wish me luck!!

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