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After application for residency submitted, can immigrant enter Canada as visitor

natgordon

Newbie
Dec 28, 2009
4
0
Hi,

My partner who is American is going to be applying for permanent residency in Canada. We are currently living outside of Canada. If he applies for residency now, can he enter Canada before it is approved as a visitor?

Thanks,
Natalie
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
natgordon said:
Hi,

My partner who is American is going to be applying for permanent residency in Canada. We are currently living outside of Canada. If he applies for residency now, can he enter Canada before it is approved as a visitor?

Thanks,
Natalie
Hi,

Under what permanent residency category is your partner applying? Citizens of the US can enter Canada without a visit visa. If he has an application for permanent residency, he may be "looked at closely" when he comes for a visit but there had been cases where people with pending permanent residency applications were allowed to enter as visitors. He needs to convince the officer at any POE that his entry is temporary in nature. Presence of job in the US can be one proof he can show that he'll go back once his allowed visit is over.
 

natgordon

Newbie
Dec 28, 2009
4
0
Thanks. That's really helpful.

If he enters as a visitor and then starts the permanent residency processing (under spousal) could that be considered fraudulent, or is it fine?

Thanks again,
Natalie
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
natgordon said:
Thanks. That's really helpful.

If he enters as a visitor and then starts the permanent residency processing (under spousal) could that be considered fraudulent, or is it fine?

Thanks again,
Natalie
It has been done before. If you are getting married when he is in Canada you should have enough proof that it is not a marriage of convenience. You can get married here and do an outland sponsorship for him. Being married to a Canadian citizen does not give him additional rights to stay so when you apply for the sponsorship, make sure that he maintain his legal status while waiting for his PR. All the best.