Outland application, inland visit?

[Anatole]

Hi there,

I’m going to start with an apology for asking a variant of the same question so many seem to be asking: can my spouse visit Canada while their Permanent Residency (PR) application is in progress? I’ve read quite a few responses on this wonderful forum but nothing directly related to this question.

Details: I’m a Canadian citizen, my wife is South Korean. We signed our marriage certificate in February, and I applied to sponsor her PR last June (3.5 months ago). I mailed it to Mississauga and have been waiting to hear back.

Since then, I’ve moved back to Canada, while she’s still in South Korea. She’d like to come live with me next March. South Koreans can visit Canada for 6 months visa-free. But I understand that she can stopped at the border if they think she’s going to overstay a visitor’s permit.

Is there any way of guaranteeing she can visit before she buys the expensive plane ticket?

I’m going to call CIC about this, but given the problems people have getting through, I’d like to find out if you good people have some info on this first.

Cheers!

 

[starnaenae]

No one can guarentee anything. It is up to the border agent. CIC wont be able to advise either as they dont make decisions at the border.

A visitor can stay UP TO 6 months SHOULD the border agent allow. Suggest having a shorter trip planned a return ticket to show that she will return as well as proof of ties to her home country proving she will return at the end of her visit

Again, no one here or at CIC can guarentee anything as each person that passes through the border is assessed and the agent makes the decision

 

[SGrewal99]

If you're going to call cic, I suggest you ask them about your application. I know there are some people on this forum that have applied in June and are still waiting to hear something from CIC. If your file gets transferred to Mississauga for processing, chances are your wife could land as a PR before March. They've really picked up speed. Fully processed applications within four months. No need to worry about the visitor dilemma if that ends up being the case. Good luck.

 

[canuck_in_uk]

Hi there,

I’m going to start with an apology for asking a variant of the same question so many seem to be asking: can my spouse visit Canada while their Permanent Residency (PR) application is in progress? I’ve read quite a few responses on this wonderful forum but nothing directly related to this question.

Details: I’m a Canadian citizen, my wife is South Korean. We signed our marriage certificate in February, and I applied to sponsor her PR last June (3.5 months ago). I mailed it to Mississauga and have been waiting to hear back.

Since then, I’ve moved back to Canada, while she’s still in South Korea. She’d like to come live with me next March. South Koreans can visit Canada for 6 months visa-free. But I understand that she can stopped at the border if they think she’s going to overstay a visitor’s permit.

Is there any way of guaranteeing she can visit before she buys the expensive plane ticket?

I’m going to call CIC about this, but given the problems people have getting through, I’d like to find out if you good people have some info on this first.

Cheers!

Hi

Provided she has proof of the PR app and proof of sufficient finances, she should have no issues entering Canada. She is not coming to live here; she is coming to visit her spouse while the sponsorship app is being processed. She should not have more than the standard few bags of a visitor. Wouldn't bother calling the Call Centre for this.

 

[Anatole]

Thank you everyone for your thoughtful replies. SGrewall99, I agree, getting confirmation before March would solve a lot of problems. 4 months would be amazing, particularly since the CIC website says it takes a year. The strangest thing, for me, is that they don't seem to want any information about my spouse, not even a medical check (screenshot below). I guess I shouldn't call until I hear of an update.



starnaenae and canuck_in_uk, I like both of your suggestions, and I tend to err on the side of caution. But worst-case scenario, no update, I may suggest she get a return-ticket and tell the border guards what you suggested. I think she could charm her way in, but I'm subjective

Thanks again!

 

[canuck_in_uk]

Thank you everyone for your thoughtful replies. SGrewall99, I agree, getting confirmation before March would solve a lot of problems. 4 months would be amazing, particularly since the CIC website says it takes a year. The strangest thing, for me, is that they don't seem to want any information about my spouse, not even a medical check (screenshot below). I guess I shouldn't call until I hear of an update.



starnaenae and canuck_in_uk, I like both of your suggestions, and I tend to err on the side of caution. But worst-case scenario, no update, I may suggest she get a return-ticket and tell the border guards what you suggested. I think she could charm her way in, but I'm subjective

Thanks again!

Those statuses will change. She will be required to do a medical and the background check will start eventually.

 

[Anatole]

Those statuses will change. She will be required to do a medical and the background check will start eventually.

Indeed. The instructions explicitly stated ‘do not submit a criminal reference check at this time’, and now they’re refusing to process the application without one! Deeply annoying but I suppose I wasn’t going to get through this completely unscathed.

 

[np08]

Indeed. The instructions explicitly stated ‘do not submit a criminal reference check at this time’, and now they’re refusing to process the application without one! Deeply annoying but I suppose I wasn’t going to get through this completely unscathed.

Are you sure you got the most up to date document checklist? Several months ago they updated it so that police checks need to be provided upfront, with the rest of the application package.

 

[Anatole]

Are you sure you got the most up to date document checklist? Several months ago they updated it so that police checks need to be provided upfront, with the rest of the application package.

I guess I didn’t. Do you know when it was updated? I thought I was up to date as of June, when I submitted it.

If it’s changed in the meantime, they could have notified me rather than sending a scare letter. I realize that’s not how these things work though.

 

[np08]

I guess I didn’t. Do you know when it was updated? I thought I was up to date as of June, when I submitted it.

If it’s changed in the meantime, they could have notified me rather than sending a scare letter. I realize that’s not how these things work though.

March, I believe. I sent mine in February and was still among the people who got a PCC and Schedule A request about 6-7 weeks later instead of having to send it right away. If checklists change after you've sent your app, the changes don't apply to you. I also think there was a grace period of about a month or so, but since you sent yours in June, you were outside of it.

It's not a scare letter, probably just a request for missing documents. Honestly, they often tend to return the whole thing and have you resend it, so the fact they just sent a request letter is pretty cool. Or maybe it was just a standard request letter like the one the rest of us got? Not sure what it said.

 

[Anatole]

Thanks, that makes me feel better. You’re right, it’s just a request for info. I checked the forms download website and it says (for spousal sponsorship at least) the document checklist was updated in June. So maybe it changed just before I submitted it, and I didn’t see it. Bad luck I suppose... if that’s the worst that happens I should count myself lucky

 

[np08]

Thanks, that makes me feel better. You’re right, it’s just a request for info. I checked the forms download website and it says (for spousal sponsorship at least) the document checklist was updated in June. So maybe it changed just before I submitted it, and I didn’t see it. Bad luck I suppose... if that’s the worst that happens I should count myself lucky

To be honest, they change certain stuff every couple of months, it's difficult to keep track what changed when.

If you were worried about the wording where they say they can't continue processing your application until you send x or y, that's standard language and process. It's kind of stop and go, they pause processing while they wait for additional documents or for your medical results and the like. This is why background check can't start before the medical has passed and why you can't get a medical request before Schedule A (for us before), etc. It happens in these strict predetermined steps.

However, no need to think of it as delays. It's a standard part of the process and these breaks are counted in the averages. So when they say the average processing time is 12 months, it includes all these times when they request additional stuff and pause processing until they get it.

Just for a peace of mind. It's all standard.

 

[Anatole]

Hiya,

Quick follow-up question. The letter gave 30 days to receive documents, and my wife couriered her documents to me a week ago (one needs both our signatures, I'll send it on). However, it's up to Canada Post to deliver them, and given the strike... the documents are sitting somewhere. I thought I'd wait out the rotating strikes, but now no mail is getting through and I'm getting a little antsy as we get closer to the deadline.

Do anyone know if there's leniency for deadlines because of the strike? There's a lot of questions from 2011 and 2016 online about receiving documents (and if you're already in the country e.g. <https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/canada-postal-service-strike-find-this-affects-you.html#a3>, but none about what happens if you don't have status and don't deliver them on time.

I can call CIC on Monday, but I was just wondering if anyone had more info.