Thanks Lili - I know, I think some of my frustration has shown in my recent posts - for that I apologize.lilizinha said:
I just spent an hour or so speaking with a very nice and knowledgeable CIC rep (rare, i know!), and this is what she told me - (I'm not looking for confirmation, just want to let you guys know what I was told
).As I've been told by users of this forum, it's always a risk leaving the country when you have an inland application in process. It's NOT forbidden to leave, but they advise you do not, because if you are denied re-entry, they must abandon your application.
You are certainly allowed to be outside the country - the do not restrict this. I read on here that if they find out she left, they will throw out our application - this is simply not true. The reason for all of this, is because of course you must be in Canada to accept your permanent residence - if you are not allowed in the country, well, of course you can't accept it.
Another user explained implied status correctly, and this was reaffirmed by the agent - you only have implied status as long as you don't not leave the country. Once you leave, your implied status is absolved. However, with a multiple-entrance VISA, every time you enter (assuming they allow you to enter), they will USUALLY give you 6 months less a day. As long as you leave before that (or apply for an extension), you are fine. When you come back, you get another 6 months less a day.
You can still get AIP if you're out of the country - in her experience, she has NEVER seen a case where they check whether you are in the country or not when they give you AIP. Of course they could, but even then, it's irrelevant - the only thing that matters, is that you have to admissible back into the country.
In my own personal case, this alleviated much of my concern - when deciding whether to let you into the country or not, they look at a few things - first and foremost, if you're a threat to anyone in the country, or if you have a health issue that may pose danger to Canadians, you'll probably get denied. Otherwise, they just want to make sure that should your application get denied, you will actually leave the country. How do they determine whether or not your an escape threat?
- travel history - they look to see if you've traveled to Canada and other countries, and if you've always followed the rules and left on time.
- strong ties to home country - you should have sufficient family and friends, lodging, work, etc in your home country - incentive for you to return
-work prospects in home country - if you're coming from a country where the chance of you maintaining a good quality of life are slim due to a lack of jobs, or a slow economy, this affects you negatively as well.
I'm sure there's other factors, but these are the main ones they look for, according to the CIC rep.
As someone else mentioned, yes, CBSA agents can see if you have an application in process, when you try to enter at the border. They don't necessarily check it all the time, but if they wanted to, they could check, and put notes on your file.
She said the stage 1 interview is rare, but can happen (i'm pretty sure most of you know this already, but i'll tell you what she said anyway
). If they have further questions, your file gets transferred to a local office, and they will request an interview. From the time they notify of the transfer of your file, to the time you actually have to interview, is usually a couple of months. Can be shorter or longer of course depending on the centre it's sent to.Not sure if this post is actually helpful to anyone, if it is, cheers!
