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Principal Applicant Leaving Canada during Inland PR application

KatiZet

Full Member
Jun 25, 2019
31
0
does it mean that I'll loose my status? i already left once in february after my OWP expired (I left at the exact day it was written on it that I must "leave canada"), but before leaving I applied for extension, my extension was not ready when I came back, but I guess I was on implied status since they let me in with no problems. Then in april with my bf we left for 2 weeks for vacation, same situation, no problem, when we were back they put a stamp with the august date in my passport.

I'll probably do as you advice, but I want to make sure - what does it mean that my extension is "no longer valid"? Am I loosing my status?
- and also, since I am sending OWP application together with sponsorship&PR one, won't I be on implied status until the decision on my OWP is made?
 

Bornlucky

Hero Member
May 15, 2018
609
467
- and also, since I am sending OWP application together with sponsorship&PR one, won't I be on implied status until the decision on my OWP is made?
Hi, your current status (implied or even if granted an extension) ceases when you leave Canada so that you must be "examined" afresh when you seek to re-enter Canada. So, whenever anyone other than a PR or a citizen leaves Canada they no longer have any status at all here.

Someone could hold a valid TRV, or not require one, and still be refused entry because their circumstances for seeking entry may have changed in the eyes of the Port of Entry officer.

Technically, granting entry to someone seeking to remain permanently in Canada is contrary to the Immigration Act but you will see people who have done it without issue and others writing from afar after not gaining re-entry. It's a risk with a significant impact.

Your inland application will keep chugging along and the work permit would be granted or refused whenever the inland application itself is decided, so you don't have to renew or update that if you are re-admitted. If you are refused entry then this is a different story.

Good luck and I hope I was clear enough
 
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KatiZet

Full Member
Jun 25, 2019
31
0
Hi, your current status (implied or even if granted an extension) ceases when you leave Canada so that you must be "examined" afresh when you seek to re-enter Canada. So, whenever anyone other than a PR or a citizen leaves Canada they no longer have any status at all here.

Someone could hold a valid TRV, or not require one, and still be refused entry because their circumstances for seeking entry may have changed in the eyes of the Port of Entry officer.

Technically, granting entry to someone seeking to remain permanently in Canada is contrary to the Immigration Act but you will see people who have done it without issue and others writing from afar after not gaining re-entry. It's a risk with a significant impact.

Your inland application will keep chugging along and the work permit would be granted or refused whenever the inland application itself is decided, so you don't have to renew or update that if you are re-admitted. If you are refused entry then this is a different story.

Good luck and I hope I was clear enough
thank you, yes, I think I understood!

Let me ask you a last question - so, if any status, except being citizen or PR, ceases once I leave Canada, how does it comply with the CIC requirement to keep legal status in Canada for all the time when the application for PR is processed - while they at the same time admit that it's possible to leave for some time although with no guarantees to be let back in ("Can I leave Canada while IRCC processes my application for permanent residence? Yes. However, if you leave Canada while your application is being processed, you must meet all the admissibility rules before being allowed back into Canada.")?

Like - let's say I leave while being on visitor record, before of after getting AOR, or even after I receive work permit, whatever works better - but while my PR application is still in process. And I manage to be let back in - did I met the requirement of "maintaining legal status" even though I left?
 
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Bornlucky

Hero Member
May 15, 2018
609
467
thank you, yes, I think I understood!

Let me ask you a last question - so, if any status, except being citizen or PR, ceases once I leave Canada, how does it comply with the CIC requirement to "maintain a legal status in Canada for all the time when my application for PR is processed" - while they at the same time admit that it's possible to leave for some time although with no guarantees to be let back in ("Can I leave Canada while IRCC processes my application for permanent residence? Yes. However, if you leave Canada while your application is being processed, you must meet all the admissibility rules before being allowed back into Canada.")?

Like - let's say I leave while being on visitor record, before of after getting AOR, or even after I receive work permit, whatever works better - but while my PR application is still in process. And I manage to be let back in - did I met the requirement of "maintaining legal status" even though I left?
Hi - this is what I would describe as a broad policy statement, but its essence is that while a person is in Canada they are expected to maintain their legal status and conform with the Act by not becoming inadmissible for any reason. The policy anticipates people remaining throughout the inland process because they didn't apply outside of Canada which is really what the Act demands.

Inland processing is policy driven and can change at any time but policy has to clearly serve the actual Act of Parliament. There's no inland appeal mechanism, for example because it is a policy and no appeal is a part of the price for applying inland. The hierarchy is always the Act, then the Regulations and then there are policies which all have to conform to both the Act and Regulations. So, maintain that legal status or you get to meet the enforcement side of the Act...

Leaving Canada is a voluntary endeavour so yes, people can indeed leave. There's also a recognition that some people will leave and then seek re-entry. The discretion to grant entry returns to the officer who may grant you visitor's status and there you are again, conforming to the law and again committing to maintaining your legal status throughout the processing period until landing or a refusal.

If a person is refused entry then they haven't failed to maintain their status (they cannot be reported under the Act for leaving Canada), but are instead impractically the applicant for an inland process that they can no longer access. Grounds for refusal (no appeal).

That's my online, amateur breakdown of just one seemingly contradictory part of Canada's immigration ball of yarn.
 
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KatiZet

Full Member
Jun 25, 2019
31
0
Hi - this is what I would describe as a broad policy statement, but its essence is that while a person is in Canada they are expected to maintain their legal status and conform with the Act by not becoming inadmissible for any reason. The policy anticipates people remaining throughout the inland process because they didn't apply outside of Canada which is really what the Act demands.

Inland processing is policy driven and can change at any time but policy has to clearly serve the actual Act of Parliament. There's no inland appeal mechanism, for example because it is a policy and no appeal is a part of the price for applying inland. The hierarchy is always the Act, then the Regulations and then there are policies which all have to conform to both the Act and Regulations. So, maintain that legal status or you get to meet the enforcement side of the Act...

Leaving Canada is a voluntary endeavour so yes, people can indeed leave. There's also a recognition that some people will leave and then seek re-entry. The discretion to grant entry returns to the officer who may grant you visitor's status and there you are again, conforming to the law and again committing to maintaining your legal status throughout the processing period until landing or a refusal.

If a person is refused entry then they haven't failed to maintain their status (they cannot be reported under the Act for leaving Canada), but are instead impractically the applicant for an inland process that they can no longer access. Grounds for refusal (no appeal).

That's my online, amateur breakdown of just one seemingly contradictory part of Canada's immigration ball of yarn.
ok, thank you for sharing your knowledge on this! I understand now that maintaining the legal status is essentially to be IN canada legally for the time, not overstaying visa etc., and it's not "touched" by leaving and coming back, If the comeback is granted. And the risk here lies in the possibility of not being allowed back. Thank you!
 

Krisleen

Star Member
Aug 10, 2017
87
1
Kindly respond...

I m a dependent in family class sponsorship who is also on study permit from last two years in Alberta ...I am in confusion for completing my landing...As i understand that there r 3 ways...
1)flagpole
2)Interview with local immigration officer in ur province
3)fly back to ur country & complete landing with PA

Which is the best option for me?
If I flagpole....then are the typical questions that they ask while crossing the usa border ?

Kindly reply if anybody knows about my queries
 

ratan-229944

Star Member
Dec 19, 2018
69
23
Hi,
my inland PR application is in process (Currently I am holding "Work Permit"). I have international travel plans for 1 month.
Just want to know, what happens in below scenarios -

1. PR gets approved before travel.
- 1.1 Does my work permit / temporary residence visa remains valid after inland landing interview email from IRCC and before the interview is completed ?
- 1.2 Can I postpone my landing interview by 1 month ? - so that I can leave canada and re-enter using work permit and TRV.
- 1.3 Do I need to apply for travel document ? if so I can I apply it from inside Canada ?

2. PR gets approved when I am outside Canada.
- 2.1 Can I travel back to Canada using my existing work permit ? then appear for inland landing interview.

Thanks..

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