My experience reentering without status during inland PR application

[np08]

I meant that you didn´t specify that this only applies to OWP applications and not PR applications, which is what caused my confusion and trouble in the first place. My PR application was never returned, there was nothing wrong with it, and it was submitted while I still had visitor status. However, that did not matter when my status expired, it did not grant me implied status because that´s something that only OWP apps can do, which I think is crucial to remark. The way you phrased it is confusing, in my opinion, and that´s why I said that none of us was correct, because both of our points were incomplete in some way.

Thanks for the feedback and clarifications though. Hopefully, we can prevent others from repeating my mistakes.

Oh, I figured you understood that from your initial post where you said that you went out of status once your OWP application was returned - that's pretty much how it works. The PR application itself has no bearing on it, since those applying through the family class don't even have to have valid status to apply. As in, you could have overstayed in Canada for three years, applied for the PR and you wouldn't have been refused at all based on it.

The valid status thing only really came into play once they allowed work permits for applicants, since you do need valid status in order to obtain one, like @1887CAN said.

But yeah, like with anything new, there's a lot of confusion going around. Mainly really with the fee itself, a ton of people only pay $155, it's a real issue I hope they deal with by making the instructions more clear.

 

[1887CAN]

Yes, I think $100 is definitely worth the peace of mind and it's an extra layer of security. In my case we didn't do it because we're lucky enough in the sense that, even if something had gone wrong and I couldn't apply for the OWP til AIP, we still would have been fine financially with me not working. But I've seen people in total panic mode because they can't afford to not work for the next 8 months, but now they're out of status and what do they do - those people should absolutely extend their status on time.



I agree. Especially since a lot of these relationships are between a native Canadian and a foreigner, in which case the language issue shouldn't be there. But hey, I have friends who are also applying right now and even with one of them being a native speaker they went straight to a lawyer because all the forms are just confusing and scary to them and they don't wanna deal - people like that should definitely not mess with it. For the majority though, it's really not worth the huge fees (when I hear how much my friend pays per visit to his lawyer, I wanna scream that this is way too simple to cost that much, but hey, it's their life and their application.)

I think that people should just take their time and do their research. I knew my relationship was going in this direction for years before we actually got to the point of applying. So I've been lurking here for a long time and had a very good grasp on the process by the time we got married and started putting it all together. A lot of posters here are in the, "Hi, guys! We just got married. I heard I can apply for residence now. What should we do?" category and that's just... Jesus. Sit down and spend a few hours at least grasping the basics first, lol.



I agree 100% and I've mentioned it before. They definitely need to clear that up. When we were applying, I was also confused and had to double check on the forum. It's so easy to mess up and with the amount of applications that are returned due to it, you'd think they'd have done something about it already.

Agreed with all of the above. There’s a lot of ignorance regarding sponsorship for PR, some willful and some just born out of a lack of understanding. I’m amazed at just how unprepared some people are about one of the biggest decisions a person can make. But that applies to a lot of things in life.

Those who don’t speak English or French as a first language, I can really sympathize with any struggles they have. It’s a very complicated process when you don’t understand some of the terminology and have a language barrier.

There’s a few thing along this process that I’ve found ambiguous. Some are quite baffling, the OWP fee issue being one of the most prominent. I still wonder just how many applications need to be returned for incorrect fee payment before they state implicitly that the fee is $255, made up of $155 and $100, etc.

There’s a poster on another thread who got lucky with his IRCC officer. He paid the full $1040 for the PR app, but underpaid the OWP fee. Rather than returning the OWP app the officer approved it and sent a message stating they took the extra fee required for processing from the RPRF portion of the $1040 paid for PR. They are sending back the balance of the RPRF by cheque, and advised that the full RPRF can be paid later in the process. That’s a lot of admin work the officer took on to correct a mistake from an applicant. They clearly didn’t have to, and as we’ve seen on here, they often don’t do why that officer did. They went above and beyond for the applicant, and they got very lucky.

 

[1887CAN]

Thanks! One more thing I´ll add, the border officer mentioned that leaving Canada cancels any implied status. I´m not entirely sure of the implications of this (I don´t even think it has any as long as you return soon and considering you get status again when you re-enter), but just in case someone finds the info useful.

Yes, I’ve read on one the IRCC webpages regarding implied status ending upon leaving Canada. I think IRCC perhaps feel it’s obvious that it ends upon leaving, as re-admission requires a new assessment by the CBSA in order to enter again and that entry comes with new status, the length of which can vary.

It’s good have this documented on here for anyone searching in the future. As you say, it could help someone who may be misinformed.

 

[Prettyjhazz]

My husband is planning to travel bck home due to an emergency situation. Hes out of status and on going inland application. He got hes AOR waiting for medical.
Question:
1. Once he came back here can he mention he had ongoing application.
2. What should he needs to show in order for him to let it in. (Visa exemption)

Please let me know thanks

 

[redhotgalego]

My husband is planning to travel bck home due to an emergency situation. Hes out of status and on going inland application. He got hes AOR waiting for medical.
Question:
1. Once he came back here can he mention he had ongoing application.
2. What should he needs to show in order for him to let it in. (Visa exemption)

Please let me know thanks

Yes, he should mention it. Do never lie or hide info from the border officers. They'll know you're lying or not mentioning something important by looking at your file.

He will need an ETA and a valid passport with at least 6 months left on it. Other than that, they didn't need to see anything else on my case, but I was traveling with my wife. I would highly recommend that you travel with your husband. Other than that, it wouldn't hurt to bring any of the documents that I mention on my first post.

Good luck!

 

[monkeys89]

Yes, he should mention it. Do never lie or hide info from the border officers. They'll know you're lying or not mentioning something important by looking at your file.

It's not lying by not mentioning an application. If you arrive at a CBSA post and they ask you no questions, you're not lying. Lying is falsely representing facts. Personally, I wouldn't proactively state that I has a PR application ongoing without a question from the CBSA officer. But if you are confident in a dual intent entry process, that's the way to go.
.

 

[redhotgalego]

It's not lying by not mentioning an application. If you arrive at a CBSA post and they ask you no questions, you're not lying. Lying is falsely representing facts. Personally, I wouldn't proactively state that I has a PR application ongoing without a question from the CBSA officer. But if you are confident in a dual intent entry process, that's the way to go.
.

If you are hoping that the officer looking at your passport might not notice unless you tell them, you are in for a disappointment. Make their job easier, say "hello officer, this is my situation and this is why I left". Things will go better than them having to dig through your file and interrogate you, but obviously in the end the choice is yours.

 

[KBsandhu]

If you are hoping that the officer looking at your passport might not notice unless you tell them, you are in for a disappointment. Make their job easier, say "hello officer, this is my situation and this is why I left". Things will go better than them having to dig through your file and interrogate you, but obviously in the end the choice is yours.

I really appreciate the fact that you explained the whole scenario and makes it easier for those who are in the similar situation. So, my only concern is did you by any chance tell them you were out of status and your owp is in process? Or you only mentioned about your ongoing spousal sponsorship?

 

[redhotgalego]

I really appreciate the fact that you explained the whole scenario and makes it easier for those who are in the similar situation. So, my only concern is did you by any chance tell them you were out of status and your owp is in process? Or you only mentioned about your ongoing spousal sponsorship?

I told them that my PR application was in progress, that I was aware of my lack of status but immigration had recommended that I left in order to renew my passport. I think it helped that my application was already on the last stages and that I had a very valid, understandable and easy to prove reason to leave. What's your situation, if you don't mind me asking?

 

[redhotgalego]

I´d like to update this thread by clarifying that, yes, even though they did not stamp my passport, I got 6 months of visitor status. It doesn´t really matter anymore since yesterday I had my interview and got my PR!!!!

Good luck everyone! It´s just a matter of time. If I can answer any question, please do not hesitate to ask me or message me (messages work better since I get an email notification).

Cheers!

 

[Troy2245]

Hello experts,
I need your advise
We are beginning to apply spousal inland PR application + OWP for my wife and we are planning to travel outside Canada in a month time for couple of weeks.
She has a valid multiple entry visitor visa

Is it a risk worth to take? Or it should be fine for her as she has all valid documents and show proof we are staying together.

 

[dark_horizon]

Hello experts,
I need your advise
We are beginning to apply spousal inland PR application + OWP for my wife and we are planning to travel outside Canada in a month time for couple of weeks.
She has a valid multiple entry visitor visa

Is it a risk worth to take? Or it should be fine for her as she has all valid documents and show proof we are staying together.

Hey, I am in the same situation as you. Did you travel and was your wife able to reenter Canada?