Back to Canada?

[astroduck]

Hi there,

My wife has been living with me in Canada for about 9 months now (as a visitor) and I am in the process of filling the paperwork for family sponsorship. We applied for an extension a few months ago and she can legally stay in Canada until April 8. However, we are planning to go back to Hong Kong for a month in April and I am worried that once she leaves Canada, she might have trouble coming back.
Does she need to show any documentation or explain her situation when she is in the airport? We live in Calgary so she will need to go through the custom in Vancouver.

Would applying for another extension for her helps in this situation?

Any idea would be appreciated.

Thanks.

astrox

 

[mc1234]

I am in a similar situation and would love to hear other responses as well! Thanks.

 

[astroduck]

Anyone has any opinion?

 

[CharlieD10]

Once she leaves Canada, that extension until Apr 8 is no good. It was an extension of her original stay, so when that stay ends, so does her ability to remain under the extension linked to it. If she has a multiple-entry visa, then she can try to return with you but expect a lot of questions because someone staying somewhere for 9 months is not exactly visiting anymore, and returning shortly after leaving is not a sign of a visitor. I suggest you get a move on with the application paperwork, at the very least pay the fees if you haven't done so already.

 

[RobsLuv]

China is non-visa-exempt, which means she will need to get a temporary resident visa in order to be allowed to return to Canada. The extension is invalidated when she leaves unless, as Charlie mentioned, she has a multiple-entry visa. Typically non-visa-exempt foreign nationals married to Canadians - especially ones being sponsored for PR - are not issued TRVs because they cannot prove (by virtue of the relationship and having applied for permanent status) genuine temporary intent. I would suspect that, if your wife leaves Canada, she will not be readmitted until she has been approved for permanent status.

 

[Elizabeth Joe]

I think she could be visa-exempt, on the cic website it lists under visa-exempt countries:

persons holding a British National (Overseas) Passport issued by the Government of the United Kingdom to persons born, naturalized or registered in Hong Kong

not sure what that exactly means though.

 

[GOGOGO]

If she is a Hong Kong resident, then she does not need a visa to enter Canada.

Hong Kong residents can hold 2 kinds of passports, and both do not require visa:

•persons holding a British National (Overseas) Passport issued by the Government of the United Kingdom to persons born, naturalized or registered in Hong Kong;
•persons holding a valid and subsisting Special Administrative Region passport issued by the Government of the Hong Kong Special Administrative Region of the People's Republic of China;

Source: http://www.cic.gc.ca/english/visit/visas.asp#exemptions

I think she could be visa-exempt, on the cic website it lists under visa-exempt countries:

persons holding a British National (Overseas) Passport issued by the Government of the United Kingdom to persons born, naturalized or registered in Hong Kong

not sure what that exactly means though.

 

[astroduck]

China is non-visa-exempt, which means she will need to get a temporary resident visa in order to be allowed to return to Canada. The extension is invalidated when she leaves unless, as Charlie mentioned, she has a multiple-entry visa. Typically non-visa-exempt foreign nationals married to Canadians - especially ones being sponsored for PR - are not issued TRVs because they cannot prove (by virtue of the relationship and having applied for permanent status) genuine temporary intent. I would suspect that, if your wife leaves Canada, she will not be readmitted until she has been approved for permanent status.

I was planning to re-enter Canada with my wife (the applicant) in May. So can we explained to the Canada custom (Vancouver international airport) like this: "Our family sponsorship application had been submitted and processing so my wife would like to stay with me in Canada during the process." Do I need to provide a estimate for my wife to leave Canada? Like a proof of return flight ticket?

Thanks.

astrox

 

[MandyUK]

I was planning to re-enter Canada with my wife (the applicant) in May. So can we explained to the Canada custom (Vancouver international airport) like this: "Our family sponsorship application had been submitted and processing so my wife would like to stay with me in Canada during the process." Do I need to provide a estimate for my wife to leave Canada? Like a proof of return flight ticket?

Thanks.

astrox

when i entered to stay with my hubby while the application was going through, I told them that we had an application for PR, that the sponsorship had been approved and I would like to visit with my husband while it was going through. They can see you have an application on their screen so dont lie, just show proof if you have it of the sponsoship, the medicals have been paid and you will definitly need a return ticket. We both had return tickets because my husband, although he is a Canadian Citizen, he is alo a PR of the UK, so he told them if for any reason I was refused PR he would return to live with me in england. Thay gave me a year visitor visa.

They want to make sure that the applicant will return to the country they are from if the application fails, so if you also can show proof of a rental agreement back in their country, proof of family ties, job, anything that ties them back to where they come from it all helps. I didnt have to show all of these, but I have read where some people had to, so better to be prepared than not. hope that helps ;D

 

[astroduck]

Thanks guys!!

 

[AmericaninQuebec]

Hi Astroduck. I also stayed with my husband as a visa-exempt visitor while my PR app was in process. I also often left and re-entered the country on the same visitor record - I know people say they're supposed to be invalid after you leave the country, but I never had an immigration officer remove it and ask me to get a new one except for when it was about to expire and I wanted it renewed (this includes a exiting and entering the country by plane for a trip to the DR). While having a visitor record doesn't guaranty re-entry, in practice I think it does facilitate it (i.e. as long as it was valid I wasn't asked many questions at all about why I wanted to enter Canada).

As for what you planned on saying at customs on the way back in, that's pretty much what I always said, "My husband is sponsoring me for PR, the applications have been filed on this date ___, and I would like to stay with him while we await the final outcome." They usually asked a decent number of questions, but if you can bring copies of your receipt that fees were paid, and maybe even copies of your application & marriage certificate, they will likely be less skeptical about it all.

Of course, this is all based on the assumption that your wife is from Hong Kong and therefore visa exempt. I can't comment on what it may be like if she requires a visa to enter Canada.