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Grany12

Member
Aug 1, 2017
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I am in Canada (from the US) being sponsored by my Canadian born husband. After two years and countless issues, I have my UCI and am waiting for my background check to further process my application.

I have not been home in two years and desperately want to visit my family this summer.


I guess my question is should I suck it up and wait for my background check to clear before leaving the country and visiting my family (I have a job lined up and am just waiting for my work permit through the application to be processed & am anxious to receive my husband's health benefits)? It is my understanding that while it's not explicitly forbidden to leave with a PR application open with the CIC, if you are refused at the border (which I feel is unlikely in my situation), your application is null and void.

I have been married for 6 years and have a Canadian son (3).
 
You'll need to provide more information.

Did you apply inland? It sounds like you did.

What country are you from?

Do you have valid status in Canada at this time?
 
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US citizen, 6 yr marriage and a child together, your case should have been incredibly easy. Why has it taken 2 years?

If you applied INLAND, then yes if you leave Canada and are denied re-entry, your app would be considered abandoned and would need to start from the beginning again.

However being denied re-entry is usually quite rare for US citizens with PR apps already in progress. What would severely hurt your chances is if you're currently in Canada with no status, have previous overstayed your status, or have ever been caught working illegally. If you have no immigration issues on your record that it should be relatively safe to travel.
 
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You'll need to provide more information.

Did you apply inland? It sounds like you did.

What country are you from?

Do you have valid status in Canada at this time?
You'll need to provide more information.

Did you apply inland? It sounds like you did.

What country are you from?

Do you have valid status in Canada at this time?
I applied inland, I am from the USA and I'm not sure if I have status in Canada. I have my passport stamp from my last entry which I have been led to believe IS my "Visitor's Visa".
 
US citizen, 6 yr marriage and a child together, your case should have been incredibly easy. Why has it taken 2 years?

If you applied INLAND, then yes if you leave Canada and are denied re-entry, your app would be considered abandoned and would need to start from the beginning again.

However being denied re-entry is usually quite rare for US citizens with PR apps already in progress. What would severely hurt your chances is if you're currently in Canada with no status, have previous overstayed your status, or have ever been caught working illegally. If you have no immigration issues on your record that it should be relatively safe to travel.


How do I know if I have status? I assumed I had status as I have a passport stamp from my entry into Canada and when I spoke with the CIC the person I spoke with led me to believe those stamps are my indeed Vistor's Visa. I will have to do some more research in that regard. I have never overstayed my status or worked illegally and have (and travel with) all of my correspondence with the CIC, as well as copies of significant documents.
 
How do I know if I have status? I assumed I had status as I have a passport stamp from my entry into Canada and when I spoke with the CIC the person I spoke with led me to believe those stamps are my indeed Vistor's Visa. I will have to do some more research in that regard. I have never overstayed my status or worked illegally and have (and travel with) all of my correspondence with the CIC, as well as copies of significant documents.

You should clarify then:
- When exactly did you enter Canada?
- When did you submit your inland PR application?
- Did you submit an Open Work Permit app along with the PR app?
- Have you left Canada any time since?
 
Firstly, THANK YOU so much for your help and questions! I should have set this account up years ago and am kicking myself.
Here is a more detailed background of my situation:

I started this process two years ago (We also had to apply for citizenship for my son and I was given false information by a trusted source and submitted my application incorrectly the first time, all which took the better part of a year to clear up as we could not afford life on one income, plus application fees AND a lawyer) and currently have an application for PR open with the CIC since May.

My first two times applying this year were both rejected with a generic letter not stating the issue or where I should look in my application to address it. I finally found a Youtube video that acknowledged that the instructions in the guide are not the same as the actual form, so I ended up submitting an IMM 5406 E for my husband, so my application was FINALLY accepted. However, then when I went to link my application online to submit my background checks, their system said it had no record of my application. I spent hours trying different qualifying security questions prompted by the system and another two hours on hold and spoke with the CIC's help line which informed me this "happens to about 25% of people because their system is new" and there was nothing to be done about it but use the IRCC Web Form and continue to also mail hard copies of my documentation in for proof.

During this struggle, my USA background check expired, so now I am waiting the four months to get a background check sent to me from the USA (even though I haven't even stepped foot back there since my last background check) as I was told I could not leave the country as I might not be let back in (My husband was a minor pro hockey player for the last six years, so we have been through the border A LOT and have always had issues since we were married with neither of us having status, but that was simply our life at that point, we didn't know which team would sign him, or even which continent we would be on).

I ended up having to reach out to our local MLA to try to get some answers as all of my correspondence with the CIC has been very vague or not even relevant. I recently found out via the MLA that I no longer have an open work permit on file with the CIC, so that is the next item on my long list of To Do's.

To directly address your questions:
- I last officially entered Canada from the US on OCT 9 2016, left again in November for a family wedding based in Mexico (and was let into Canada without a stamp or even speaking with a border official which I thought was very odd) and have not left the country since. However, I filed a IMM 5708E on the advice of a friend's lawyer via a physical copy sent to the CIC. It was only a few days later I had word from the CIC that my application had been officially accepted.
- I submitted my PR application (for the third time) in March and it was accepted in May, I have however had my UCI number since January of 2016
-I did submit my open work permit with the original application I sent a year ago but I need to do a new one. However I do have a company willing to hire me as soon as I am able, so I am not sure if I should resubmit an open work permit or something else all together.
- I have not left the country since the CIC accepted my application.

Thank you again for your time!!!
 
I am rereading an email that was sent to my MLA by the CIC the other day and it looks as if I will need to quickly submit a IMM 5710 E since I have already sent off my PR application and can no longer include a new application for an open work permit.
 
This is confusing, but I can see a potential problem with the OWP.
Note that the PR app itself or UCI # does NOT give you any special status in Canada, it's the OWP app that gives you "implied" status and allows you to remain in Canada indefinitely.

Since your original PR app was returned, I'm not sure if that also cancelled your OWP app and all "implied" status. I assume it did. Leaving and re-entering Canada would have also ended implied status if there was no active OWP app in process. Therefore when you submitted your most recent PR app in March 2017, you did not get any special status with it. So if your last entry to Canada was Nov 2016 and assuming you got typical 6-months status, that status would have expired May 2017. Since you don't have a valid OWP app in the system right now, it means you may be currently out of status. You should have submitted the OWP app again along with your March 2017 PR app.

However so many things have gone on with your case, it's hard to say for sure. Note that the OWP requires valid status in Canada in order to be accepted and issued. I would get the OWP (IMM5710) app in asap, and hopefully they don't conclude that you're currently out of status so don't give the OWP.

To be safe, you may want to consider submitted a Restoration of Status form, if it's still within 90 days of when your status may have expired (would be close if it did expire May 2017). Really I'm not sure if there is some way to check your current status here with IRCC or CBSA.
 
- I last officially entered Canada from the US on OCT 9 2016, left again in November for a family wedding based in Mexico (and was let into Canada without a stamp or even speaking with a border official which I thought was very odd) and have not left the country since. However, I filed a IMM 5708E on the advice of a friend's lawyer via a physical copy sent to the CIC. It was only a few days later I had word from the CIC that my application had been officially accepted.
- I submitted my PR application (for the third time) in March and it was accepted in May, I have however had my UCI number since January of 2016
-I did submit my open work permit with the original application I sent a year ago but I need to do a new one. However I do have a company willing to hire me as soon as I am able, so I am not sure if I should resubmit an open work permit or something else all together.
- I have not left the country since the CIC accepted my application.

You last officially entered Canada when you returned from Mexico, I'm assuming in November. It doesn't matter that you didn't get a stamp.

You say you applied to extend your visitor status. When did you do that and is the application still in process?