Can I leave Canada after receiving a work permit whilst awaiting inbound app?

[tomdmaguire]

Hi there,

I am going to sponsor my common law partner to from within Canada (IMM 5289). We are going to apply for a work permit at the same time when we send the sponsorship application. Assuming she is granted a work permit, does this mean she is then able to leave and re-enter Canada whilst the sponsorship application is still being processed?

Any feedback would be really appreciated!
Thanks
Tom

 

[canadianwoman]

What country is she from?

 

[tomdmaguire]

Iceland

 

[canadianwoman]

People who apply inland are strongly encouraged to stay in Canada throughout processing because if they are not let back in, the sponsorship application is over.
With a work permit, someone is more likely to be let back in, but it is not a guarantee.
She could apply outland. There is no work permit, but the processing times would be much shorter and she could stay in Canada as a visitor, and leave whenever she wanted.

 

[tomdmaguire]

Thanks very much for the info.

We are currently both in Canada at the moment and she has around 4 months left on her visitor visa. If we were to apply outland now, am I correct in thinking we would have to leave in 4 months time, and then wait another 10 months or so until the sponsorship has been approved before we return?

 

[kiwi01]

No, you can apply to extend her visitor visa online before it expires.

 

[tomdmaguire]

Ah right. And with a vistor visa are you free to come and go as you please? For example if we wanted to go back to Europe for Christmas would she then be let back into Canada when we return?

 

[kiwi01]

No, up to the CBSA each time she tries to renter if they let her in.

 

[canuck_in_uk]

Ah right. And with a vistor visa are you free to come and go as you please? For example if we wanted to go back to Europe for Christmas would she then be let back into Canada when we return?

Nobody can ever guarantee that she will be allowed to re-enter. However, she shouldn't have any issues. CBSA is very lenient with people who have applied for PR, as they can see the person is following the proper rules to stay in Canada.

 

[scylla]

Ah right. And with a vistor visa are you free to come and go as you please? For example if we wanted to go back to Europe for Christmas would she then be let back into Canada when we return?

She will only be free come and go as she pleases once she has PR.

 

[Rob_TO]

Ah right. And with a vistor visa are you free to come and go as you please? For example if we wanted to go back to Europe for Christmas would she then be let back into Canada when we return?

The chance of being allowed re-entry is the same whether you have an inland or outland app in progress. The difference is what happens if you are denied entry.

With an inland app, the app is considered abandoned and cancelled. Also if an inland applicant stays outside Canada for long enough that CIC considers them no longer residing in Canada, they can also cancel the app.

With an outland app, the app continues even if the applicant is denied entry. With an outland app it doesn't matter where in the world the applicant is living or for how long.