Inland Common-Law PR OWP Pilot program Travelling outside of Canada

[Jamesdavid3]

Once I received my OWP from the new Pilot Program I would like to know If I can finally leave Canada for a Trip back home to the UK or a Vacation while my Inland application is still being processed...

I can understand if I didn't have any documentation such as a Work Permit but since I will be getting one soon would that grant me entry back into Canada once I leave?

The Official CIC website, Clearly states on the website the below information, so I cant see it as a problem....

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=248&t=28

Can I go on vacation while my application for permanent residence is being processed?

Starting November 30, 2014, caregivers will have access to two new pathways to permanent residence. Read more about the improvements to the Caregiver Program.
Taking a vacation outside of Canada should not affect your application for permanent residence. However, if you leave Canada while your application is being processed, you may not be allowed to come back into Canada. Each time you come back, you must meet all the rules for entering the country.

If you leave Canada and want to return, you must have:

a valid passport or other travel documents;
a valid work permit, if you are returning to work in Canada; and
a valid temporary resident visa, if you are a citizen of a country for which Canada requires one.

 

[rhcohen2014]

i'm pretty sure it's already been established multiple times that this is a "travel at your own risk" type of situation. if you want to travel so badly, then go and see what happens when you try to come back. no one can tell you what will happen upon re-entry.

 

[Ponga]

Asking the same question, ad nauseam, doesn't generate a new answer!

Providing a link that discusses CAREGIVERS, doesn't help either.

YOU know the risk is very real, so just make a decision! If you decide to go, I wish you all the luck in the world!

 

[gfdvca]

The common wisdom here is the following:

-Remember that OWP is not a valid entry document, it does not guarantee re-entry into Canada.

-Once you leave Canada, if you had implied status when you submitted your OWP and inland application together, you lose implied status. This means you will have to extend your visitor record, or exit and re-enter the country again before your status expires.

-Anyone with a long validity multiple-entry visa or from a visa exempt country (like the UK) does not run a high risk of being denied at the border. That being said, the risk is not zero and you must meet all admissibility requirements when you return, including the requirement that you will leave before your status has expires or, you will leave if your PR application is denied and you are asked to leave Canada.

-Travel with all documents that will help show that you are married, admissible and have a PR application in process (Marriage certificate, AOR letter, CIC receipts, copy of your application, OWP etc.)

From personal experience, I would also add that I felt more comfortable traveling as a couple when crossing the border, as one of us (myself being the Canadian citizen) was not going to be denied entry and I think that separating a married couple at the border is an extreme measure that they try to avoid.

Also, I was counseled by my lawyer to keep our trips outside of the country short, not longer than 2 or 3 weeks.

Good luck.

 

[jerjer_22]

The risk is indeed real - my wife and I went for our second (Eastern) wedding and, on the return trip, ran the same risks, minus the work permit. This included:

- Delta almost not allowing her to board from our US to Canada portion as she didn't have a 'return' ticket but would have to enter as a visitor
- A lengthy discussion with a kinder then most border security person

even though we had all of our documents in a row - a marriage license, a copy of our application, CIC's confirmation email, receipts for all of our permits, you names it - we were made very much aware that there is no reason they had to let her enter the country. Having a work permit will certainly help, but once again, it is a risk only you can truly calculate the worth of.

 

[Jamesdavid3]

I honestly cant see it being an issue if you have everything what was described in my Original Post.

Work Permit - That is official documentation allowing you to work in Canada

Passport - Clearly Valid

Temporary Resident Visa - Apparently only some country's need this, I am from the UK so I dont think I do but I might apply for one anyway as its just another form on Documentation to show the boarder agent to let me back in.

 

[jerjer_22]

I honestly cant see it being an issue if you have everything what was described in my Original Post.

Then why are you asking..? The answer is because no matter what anyone tells you, the risk is indeed present and up to you to decide on. It sucks but it's also possible to be denied, regardless of an OWP.

 

[chakrab]

there is no extra risk because one has a PR application in process. so if one feels there will have no issues entering canada irrespective of this application, then the person can exit and enter canada any time. one will be judged at the point of entry based on the current status and the officer's perception. as long as the person has a legal document to enter canada, whether it's one's passport (for visa-exempt countries) or visa/permit, it is same as any other time.

in fact, i have been told by officers that one will never be refused entry to canada because of PR application provided he/she is eligible to enter otherwise.

 

[rhcohen2014]

there is no extra risk because one has a PR application in process. so if one feels there will have no issues entering canada irrespective of this application, then the person can exit and enter canada any time. one will be judged at the point of entry based on the current status and the officer's perception. as long as the person has a legal document to enter canada, whether it's one's passport (for visa-exempt countries) or visa/permit, it is same as any other time.

in fact, i have been told by officers that one will never be refused entry to canada because of PR application provided he/she is eligible to enter otherwise.

the "risk" isn't having a PR application submitted. having a PR application submitted actually HELPS visa exempt applicants enter with less hassle.

the "risk" for inland applicants is being refused entry for whatever reason. at that point, the person can not be living in canada, which is a requirement for sponsoring a spouse IN canada. if they can't attend their interview, the application will be rejected and there is no ability to appeal. CBSA agents only need the slightest suspicion of a person wanting to "live" or "work" illegally to deny entry. having a valid OWP does NOT guarantee re-entry, no matter WHO the person is! while the likelihood of it can be low, the "risk" of being denied entry is enough for most people to not attempt to travel outside of canada.

 

[chakrab]

the "risk" isn't having a PR application submitted. having a PR application submitted actually HELPS visa exempt applicants enter with less hassle.

the "risk" for inland applicants is being refused entry for whatever reason. at that point, the person can not be living in canada, which is a requirement for sponsoring a spouse IN canada. if they can't attend their interview, the application will be rejected and there is no ability to appeal. CBSA agents only need the slightest suspicion of a person wanting to "live" or "work" illegally to deny entry. having a valid OWP does NOT guarantee re-entry, no matter WHO the person is! while the likelihood of it can be low, the "risk" of being denied entry is enough for most people to not attempt to travel outside of canada.

i guess it depends on the person and situation. we go out of country every couple of weeks and hardly have any problems entering. never been asked about PR status or application. only about student status and then work status. i doubt they will block someone who is working in canada legally and paying taxes from coming in. they care more about alcohol, tobacco and cost of imported goods than any of these things.

 

[rhcohen2014]

i doubt they will block someone who is working in canada legally and paying taxes from coming in. they care more about alcohol, tobacco and cost of imported goods than any of these things.

it is questionable whether the op actually has been working illegally while on implied status. CBSA certainly cares about illegal workers and those "living" in canada without the proper authorization to do so. if cbsa asks enough questions about his status and work habits in canada, they *could* decide he was in fact working illegally while waiting for the new OWP. The OWP doesn't come with an employer, so even if the owp is issued, he still needs to connect an employer to it, which could take time. again, an owp doesn't guarantee re-entry. again, it's a risk for anyone. again, even though the risk is low, there is STILL a risk! i'm pretty sure this topic has been debated to death. there is no "yes" or "no". there is only "try at your own RISK".

 

[ALEJOMOR]

Once I received my OWP from the new Pilot Program I would like to know If I can finally leave Canada for a Trip back home to the UK or a Vacation while my Inland application is still being processed...

I can understand if I didn't have any documentation such as a Work Permit but since I will be getting one soon would that grant me entry back into Canada once I leave?

The Official CIC website, Clearly states on the website the below information, so I cant see it as a problem....


Can I go on vacation while my application for permanent residence is being processed?

Starting November 30, 2014, caregivers will have access to two new pathways to permanent residence. Read more about the improvements to the Caregiver Program.
Taking a vacation outside of Canada should not affect your application for permanent residence. However, if you leave Canada while your application is being processed, you may not be allowed to come back into Canada. Each time you come back, you must meet all the rules for entering the country.

If you leave Canada and want to return, you must have:

a valid passport or other travel documents;
a valid work permit, if you are returning to work in Canada; and
a valid temporary resident visa, if you are a citizen of a country for which Canada requires one.

Well, there is more risk for people who need a TRV to re-enter Canada. As long as you meet all the requirements you won't have problems at the border trying to re-enter to Canada. Nonetheless, you gotta make sure you have a valid TRV (if you need one), your VALID WORK PERMIT, a VALID passport and copy of your AOR.

 

[Jamesdavid3]

Well, there is more risk for people who need a TRV to re-enter Canada. As long as you meet all the requirements you won't have problems at the border trying to re-enter to Canada. Nonetheless, you gotta make sure you have a valid TRV (if you need one), your VALID WORK PERMIT, a VALID passport and copy of your AOR.

Thank you,

Yes at the time when I do leave Canada for a Vacation or too visit family back home in the UK I will have my Passport and Open Work Permit.

 

[urooj3785]

Did you end up traveling outside Canada? Please update. Thank you.

 

[screech339]

Did you end up traveling outside Canada? Please update. Thank you.

Jamesdavid was able to travel outside canada and return with no issues. He is being British (visa exempt country) is probably the major factor.