Can We leave Country on Vacation while Applicaiton is being Processed?

[BenderS]

Hi guys, long time lurker, new poster - I apologize if this has been asked many times. I have called the toll free number a few times for different situations, and found Each time I talked to someone different, I got a different answer. So I just need to ask here if anyone knows the answer.

My husband is here on a Visitors Visa - and keeps extending it without issues, we submitted our outland application November 4th (Currently processing 1st step for October 2nd)

We want to go to New Zealand (his motherland) for Xmas - New Years for a month. At this time, only the first step of the application would be completed (13 months after submission)

Can anyone tell me if he is allowed to leave the country? Would he just have to reapply as a Visitor?

If so, When we come back into Canada would he have to prove a flight out of Canada ? (Ie to a place close in the USA or Back to NZ?)

Thanks for any help!

 

[CharlieD10]

Sorry, I'm not understanding that timeline.

You submitted an Outland application? If that is the case, to what are you referring when you say currently processing 1st step for October 2nd?

Anyways, to answer your question on the face of it: if you submitted an Outland application, your husband may travel to his home country without the application being affected. In fact, I am surprised he is not completed by now, because Feb 2011 applicants are receiving PR from Sydney!

On the other hand, if I am confused and not reading something right, you submitted an INLAND application in Nov 2010 and want to know if your husband can leave the country come Christmas 2011. At CPC-V's current timeline, he should have gotten AIP by then, because they are currently taking 10 months for that, and doing stage 2 at the same time, so he should be fully processed by that time. He might not have a PR card by then, though, that's take about 6-8 weeks.

 

[Baloo]

Can you clarify something?

You say that you submitted your outland application on November 4th (I assume 2010) and you say that your first stage (approval of sponsor) is not complete.
Is this an outland family class spousal application?

 

[BenderS]

Shoot I'm sorry! I meant INLAND - ugh mondays!!!!! sorry sorry sorry

 

[BenderS]

On the other hand, if I am confused and not reading something right, you submitted an INLAND application in Nov 2010 and want to know if your husband can leave the country come Christmas 2011. At CPC-V's current timeline, he should have gotten AIP by then, because they are currently taking 10 months for that, and doing stage 2 at the same time, so he should be fully processed by that time. He might not have a PR card by then, though, that's take about 6-8 weeks.

Ok so what is AIP? Is it something that he can show when he lands in Canada January 2012 that will not require him to enter with a VISA?

Thanks for responding!

 

[CharlieD10]

AIP = Approval in principle. That is first stage approval, at which point the sponsor is approved, and they confirm that the applicant appears to meet all requirements for Permanent Residence.

As I mentioned before, they seem to be combining that with Second Stage approval these days, at which point the applicant is approved for a PR and given an appointment soon after for a landing interview to become PR. So lots of people are being finalised in 10-11 months, so your husband could be complete by Christmas so far as his PR goes. He will then be able to travel to Canada without needing a TRV.

If his file is transferred without AIP to a local office, that means they have some concerns regarding the relationship. If that happens, you will have to wait for your husband to be contacted by the local office for an interview. It is NOT recommended that he leave the country with an Inland application. Even a TRV does not guarantee re-entry. If he is visa-exempt (and he should be if he's from NZ) then there is less to worry about in that case, but it is still not recommended for Inland applicants to leave the country.

 

[BenderS]

Thanks Charlie, you're extremely extremely helplful! ... Ok judging by this, I shouldn't book a plan ticket til it's all finalized - which could be December (which is a bit poopy since prices skyrocket for last minute flights)

One last thing What is TRV?

As far as I know New Zealand Visitors do need visas for entry into canada

 

[CharlieD10]

Yeah, it could be kind of tight. You should hopefully hear something regarding AIP by September.

Sorry, TRV is temporary resident visa, which you are correct, he does not need being from NZ.

Good luck on getting everything sorted by then!

 

[canadianwoman]

As far as I know New Zealand Visitors do need visas for entry into canada

New Zealand citizens do not need a visa for stays of up to 6 months. This is a link to the Canadian High Commission in NZ:
http://www.canadainternational.gc.ca/new_zealand-nouvelle_zelande/come-venir_canada/visiting-visiter.aspx?lang=eng

So if you and your husband did go to New Zealand, he could reenter Canada as a tourist. Most likely he would be allowed back in, but it is not 100% sure. It is not recommended to leave Canada while an inland PR application is being processed, because if the applicant cannot get back in, the application is automatically rejected.