Re-Entry into Canada

[cricket7]

hi all

my husband is american and has been living with me in canada since august of 2006. we have not left canada for fear that they may not let him back in (all the immigration officials i speak to all say that this is a possibility). he has a temporary work permit that is good until august of 2008 and two jobs. we just recieved a letter from immigration canada saying that that application has been completed and that our local canadian immigration centre will contact us concerning his permanent resident status.

my question is, if we cross the border (to go visit his best friend who is being shipped out to iraq very soon ), if we bring all of our supporting documentation (the letter, his work permit, pay stubs, the reciepts showing we paid for all the immigration fees, etc) will the border guards more than likely let us through, back into canada? we feel in our hearts we really need to go to see his friend but we also don't want him to get stuck in the USA and lose his jobs here in canada.

any thoughts or tips or suggestions of who we should call for more info is greatly appreciated.

 

[thaiguy]

Until his application is approved for PR, it's likely that they will deny him re-entry to Canada.

The work permits and other supporting documents will not help him because they are intended for temporary residents. But his PR application shows he intends to stay permanently in Canada.

They will not let him back in for temporary work, while they know he intends to stay permanently.

 

[cricket7]

oh darn.

well, thanks for the response. i'm wondering if you know the logic behind denying him re-entry? i think it's really sad that my husband hasn't been home in a year and a half - i mean what if someone died or was really sick? he just wouldn't be allowed to go home for a funeral and then come back?

 

[thaiguy]

The logic is that he would be entering for a supposed temporary purpose (temporary work visa) when it's clear his intention is to stay (pending PR visa).

 

[cricket7]

even though he's been living here for a year and a half?

thats the part that i don't understand because he's been here for a long while already why is it that leaving for a week implies that he no longer wants to retain everything that he has so far?

 

[thaiguy]

This is what I know. If he starts the immigration process from inside Canada and leaves before it's complete, he is 99.99% sure to be denied re-entry until the immigration application is appoved.

Sorry to be the bearer of bad tidings. Please don't shoot the messenger.

 

[cricket7]

oh nono. i know, i just want to know WHY, you know? we've been worried about him having to leave for an emergency and then not being allowed back. it just seems really silly, you know?

no one has really been able to say why. it's like someone decided to make it a rule just to make things difficult.

 

[thaiguy]

Well, it's written into the regulations. And it can be explained by the dual intent of immigrating vs. working temporarily.

 

[cricket7]

we have our interview on thursday...how long until after the interview will it take for him to get his card and essentially leave the country for whatever reason?

 

[thaiguy]

Things usually happen fast after the interview. Sometimes they tell you right at the interview what the decision is, and that you should send your passport and other final documents in for processing. So I think you're very close.

 

[cricket7]

sweet. his friend leaves april first for iraq and is marrying his fiance on the 18th of march...we'd really like to go to the wedding, but i guess we'll just wait and see. thanks for your help.

 

[cricket7]

interview was waived and he got his PR today - not the card but a document that lets him travel and re-enter Canada! thanks again for all your help.