Leaving Canada While Waiting for PR

[Nexus2014]

Hi All.

Brand new to this. Any help would be most welcome.

I have a spousal application in for PR. Sent in last month. Now, my bad, but I had overstayed my visitor visa. I am from the UK.
I am led to believe the overstay should not be an issue as I am now applying as a common law spouse.

However......

I need to go back to the UK to deal with some custody issues with my children. I can get letter from the court and lawyer in UK to back up my absence.
The question is, Will this be enough to allow me back into Canada? I do not want to mess up my PR application, but at the same time I am needed to be back in UK for a 5 day court case. Will my overstay be an issue? I will have paperwork from my Canadian Immigration Lawyer to prove my application also.

Anybody throw some light on this for me?

Thanks!

 

[scylla]

Hopefully you applied for PR using the outland route rather than inland. If you applied outland, you're fine. If you applied inland, withdraw your application and apply outland instead. Given current inland processing times and your country of origin, there is absolutely no reason for you to apply inland.

 

[Nexus2014]

Applied Inland as my lawyer said it was the best way in my circumstances.???

So If I leave my Inland application in, It will cause me a problem getting back into Canada?

 

[rhcohen2014]

Applied Inland as my lawyer said it was the best way in my circumstances.???

So If I leave my Inland application in, It will cause me a problem getting back into Canada?

ouch! your attorney gave you some bad advice since you are visa exempt. this issue isn't LEAVING canada, it's what will happen at the border when you return to canada. No one can tell you what will happen at the border, since it's soley the discretion of the CBSA officer that greets you at immigration. If for some reason you are denied entry, then yes, your inland application will be cancelled since it's a requirement you live inside canada for the entire application. if that does happen, you'd be far better off cancelling it yourself and reapplying outland so there is no further risk to your application, and you are more likely to get approved quicker that way.

There are many visa exempt applicants who have applied inland who have left for short trips and had no issue re-entering canada. The emphasis is on short - an inland applicant certainly can't leave for months at a time and expect no issue. I doubt a short 5-day trip will ring any bells with CBSA, plus i'm not entirely sure CBSA actually understands the difference in applications. i'm guessing they assume a visa-exempt applicant is applying outland as it's recommended to do by CIC, and won't be able to tell if the application is inland or outland based on their system, so that can be a part of why people don't seem to have issues with short trips away.

When ever you try to re-enter canada, IT's always best to be able to prove your ties back to your home country (which having a child custody issue will probably suffice) as well as proof of your application. Generally speaking, when CBSA can see you have an application in the system, they give less hassle. Since you applied inland, there is a good chance your application won't be in the system yet, so it's up to you to prove you have sent in an application - copies of reciepts and the application will work.

 

[canuck_in_uk]

I second that "ouch". Very bad advice by that lawyer and I recommend you stop using them.

If you have only just submitted your app, you will want to seriously consider scylla's advice above about withdrawing and submitting outland. It is MUCH faster and there is no risk in leaving Canada during the process.

 

[scylla]

I would request at least a partial refund from your lawyer for providing such bad advice. How long did your lawyer say you would be waiting for an open work permit? If your lawyer said you would be waiting for anything less than 13 months - request a full refund. Applying inland is a horrible option for you. The wait times for the first stage alone are now 13 months - and that doesn't even get you PR. Even if you have no issues returning to Canada, I would still withdraw your application and resubmit as outland.

 

[Nexus2014]

Thanks People.

If I withdraw, I assume I loose my fees and have to start again?

Could the Inland advice been because I had let my visitor visa run out and was out of status?


I will have all my info with me, and proof of ties, and of my application.

 

[Nexus2014]

My Lawyer said it would take at least 12 months to get AIP.

 

[rhcohen2014]

Thanks People.

If I withdraw, I assume I loose my fees and have to start again?

Could the Inland advice been because I had let my visitor visa run out and was out of status?


I will have all my info with me, and proof of ties, and of my application.

if you just sent your application, then your fees would not have been processed yet, so you can get them back.

no- personally, i think advising you to apply inland because you are out of status is still bad advice. a) depending on when your status ran out, you would be able to apply to reinstate your status (within 90 days), and b) you would be able to leave and apply outland, still attempt to enter canada, prove you have a pr app submitted and stay as a visitor for the process. more likely than not, CBSA would not have known you overstayed. basically they would only know if they asked and you told them. i'm not sure your country shares entry/exit info with canada, so there are people who overstay and are allowed back in no issue. of course there is a risk, though with visa exempt applicants who can prove their ties and their submitted application, CBSA *may* be lenient.

 

[Nexus2014]

WOW, its a minefield isn't it lol

Thank you all for the advice.

I am on a tight schedule now, as I need to fly out in the next week or so.

Got some calls to make on Monday it seems!

 

[Alurra71]

WOW, its a minefield isn't it lol

Thank you all for the advice.

I am on a tight schedule now, as I need to fly out in the next week or so.

Got some calls to make on Monday it seems!

Since you will be leaving Canada on your own, that will rectify your 'overstay' by itself. File your application, or send it out the day after you have left Canada, then you can say honestly, you were not out of status

You don't need to refund your fees, only use the same receipt you've gotten for doing the other application. Have the withdrawal started, it doesn't need to be final before you can begin your Outland journey, least I'm pretty sure it doesn't.

 

[Nexus2014]

Hi

Just an update.

Went to UK spent 10 days there, dealt with what I had to and came back.

Got to Toronto Airport, was seen by 1st CBSA officer, who then sent me to secondary.

Was asked a couple of routine questions, passport stamped for visitor for 6 months and I am back.

Took longer to get my bag than it did to go through immigration.

 

[Rob_TO]

Hi

Just an update.

Went to UK spent 10 days there, dealt with what I had to and came back.

Got to Toronto Airport, was seen by 1st CBSA officer, who then sent me to secondary.

Was asked a couple of routine questions, passport stamped for visitor for 6 months and I am back.

Took longer to get my bag than it did to go through immigration.

Regardless, I would still cancel your inland app and submit a brand new outland app.

With inland your processing time will be 13 months stage 1 + 8 months stage 2 = 21 months total.

With an outland app through London visa office, you are looking at around 8-10 or so months TOTAL to get your PR application completely approved. As well you have the freedom to exit/enter Canada whenever you want without worrying about having the app cancelled on you.

Any lawyer who recommend inland for ANY visa-exempt applicant with no special reason to do so, is a pretty bad lawyer IMO.

 

[yata520]

Regardless, I would still cancel your inland app and submit a brand new outland app.

With inland your processing time will be 13 months stage 1 + 8 months stage 2 = 21 months total.

With an outland app through London visa office, you are looking at around 8-10 or so months TOTAL to get your PR application completely approved. As well you have the freedom to exit/enter Canada whenever you want without worrying about having the app cancelled on you.

Any lawyer who recommend inland for ANY visa-exempt applicant with no special reason to do so, is a pretty bad lawyer IMO.

agree with Rob

 

[blueangel371115]

I know a few folks on here( myself included) when we either spoke to an immigration officer or our MP that were encouraged to apply inland as ( and they pulled up the timelines) the timelines are equivalent however, from what I've seen and heard on here, they're not even close. US applicants outland are getting theirs in 5 months while inland is a yr and a half. I wonder why folks are so confused. I had people I spoke to telling me to withdraw and resubmit because I would get screwed. I really wish they had more clear representation of timelines on the site because folks are being misled and thus time kept in the system is longer for no reason. I applied outland and mine is almost (fingers crossed) done.