Travelling for 2 months while waiting for inland PR decision

[dnfire17]

I've been trying to figure out if we can travel or not for several days without concrete answers.

We applied July of last year for PR under the inland common law sponsorship program. We are still waiting for the background check to finish.

At this point though it's been a long time and we would like to travel to her home country for vacation before getting married this summer.

She currently has a valid LMIA until october (even though she did quit her job).

Are we allowed to travel together for 2 months? I called IRCC and they said that we can we just need to send a webform letting them know we're travelling and to not send the PR approval while we are away (as it would void any visas or other current documents). But online a lot of people are saying not to travel or that she might not be let back into canada.

Also is there a difference if maybe we returned via plane to a nearby city and then took a bus over the border?

Thanks for any answers.

 

[Ponga]

I've been trying to figure out if we can travel or not for several days without concrete answers.

We applied July of last year for PR under the inland common law sponsorship program. We are still waiting for the background check to finish.

At this point though it's been a long time and we would like to travel to her home country for vacation before getting married this summer.

She currently has a valid LMIA until october (even though she did quit her job).

Are we allowed to travel together for 2 months? I called IRCC and they said that we can we just need to send a webform letting them know we're travelling and to not send the PR approval while we are away (as it would void any visas or other current documents). But online a lot of people are saying not to travel or that she might not be let back into canada.

Also is there a difference if maybe we returned via plane to a nearby city and then took a bus over the border?

Thanks for any answers.

While it is true that some Inland applicants have had no problem re-entering Canada, they likely were NOT away for 2 months!

There is no guarantee (even from the`very helpful' people that answer the calls @ IRCC) that the CBSA officer that she encounters upon your return to Canada will allow her to re-enter; Traveling to Canada, versus ENTERING Canada are completely different parts of your puzzle. Having reached the AIP stage (if she has) may increase her chances, but it's still not a guarantee!

No, there is no difference in taking a bus across the border because, again, it's a matter of the CBSA officer deciding if she is admitted to Canada. It IS true that a PR without a valid PR Card may only be able to enter at a land PoE, because commercial carriers require the PR Card for `travel', though U.S, citizens are usually excluded from their requirement.


Since you applied ~ 6 months ago, I encourage you [both] to just wait until she becomes a PR...then travel to your hearts' content!

 

[canuck78]

While it is true that some Inland applicants have had no problem re-entering Canada, they likely were NOT away for 2 months!

There is no guarantee (even from the`very helpful' people that answer the calls @ IRCC) that the CBSA officer that she encounters upon your return to Canada will allow her to re-enter; Traveling to Canada, versus ENTERING Canada are completely different parts of your puzzle. Having reached the AIP stage (if she has) may increase her chances, but it's still not a guarantee!

No, there is no difference in taking a bus across the border because, again, it's a matter of the CBSA officer deciding if she is admitted to Canada. It IS true that a PR without a valid PR Card may only be able to enter at a land PoE, because commercial carriers require the PR Card for `travel', though U.S, citizens are usually excluded from their requirement.


Since you applied ~ 6 months ago, I encourage you [both] to just wait until she becomes a PR...then travel to your hearts' content!

The bigger issue is that if IRCC finds out you are abroad for 2 months they can deny the application and you’ll need to apply again.

 

[dnfire17]

Would they? When I called the support center 2 different times the people said it's fine to leave for them. Only issue could come if CBSA doesn't allow her back in canada.

 

[thanhtam23]

Would they? When I called the support center 2 different times the people said it's fine to leave for them. Only issue could come if CBSA doesn't allow her back in canada.

just leave then, why do you have to ask if you have called them?
if you need opinion, i'd say don't leave and put your application at risk

 

[dnfire17]

just leave then, why do you have to ask if you have called them?
if you need opinion, i'd say don't leave and put your application at risk

I'm just trying to get a consensus since people seem to be saying different things, I'd like to get info on why people think that it is allowed or not.

 

[thanhtam23]

no one say it's not allowed, but as you said yourself it's up to CBSA to decide if she can enter Canada
and if they decided not to, her application will be cancelled
after all, it's only a risk, no one can really tell for sure
2 months is high risk in my opinion

 

[canuck78]

Would they? When I called the support center 2 different times the people said it's fine to leave for them. Only issue could come if CBSA doesn't allow her back in canada.

The IRCC customer service line can not provide you with legal advice. Also often are wrong because they are customer service agents not immigration lawyers or consultants.

 

[canuck78]

no one say it's not allowed, but as you said yourself it's up to CBSA to decide if she can enter Canada
and if they decided not to, her application will be cancelled
after all, it's only a risk, no one can really tell for sure
2 months is high risk in my opinion

The bigger issue is that you are required to remain in Canada to qualify for inland sponsorship. There does seem to be some flexibility for short trips but 2 months is not a short trip. If people want to travel they should apply Outland even if in Canada.