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Can I leave Canada and reenter in my current situation?

dianaluna

Member
Feb 26, 2016
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I am being sponsorsed by my common law partner (inland). I entered Canada with a visitor's visa and extended my stay, but my extension expired in February, which means I have no status right now. My application is still unrevised (I have not gotten the First stage acceptance letter), but in January I got a letter telling me to apply for the CSQ (I am in the province of QUebec). I already got my CSQ but still haven't received anything. I read in the FAQ of the CIC that there should be no problem in reentering the country if I leave during the processing of my permanent residence, if I have all the documents required to reenter, which I have. Then I read an article saying that if you don't have a status, you shouldn't leave the country because you won't be allowed to reenter. I have friends saying I shouldn't leave the country until I get the final acceptance for the permanent residence. Which one is true? Can I leave the country for a month and reenter? Or not?
 

canadianwoman

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Nov 6, 2009
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What country are you from? If you need a visitor visa to enter Canada, do not leave unless you get one. If you do get a visitor visa, it is still risky to leave Canada with an inland app in progress, simply because the border agent might not let you back in. With a visitor visa, the risk is very small.
 

Aquakitty

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dianaluna said:
I am being sponsorsed by my common law partner (inland). I entered Canada with a visitor's visa and extended my stay, but my extension expired in February, which means I have no status right now. My application is still unrevised (I have not gotten the First stage acceptance letter), but in January I got a letter telling me to apply for the CSQ (I am in the province of QUebec). I already got my CSQ but still haven't received anything. I read in the FAQ of the CIC that there should be no problem in reentering the country if I leave during the processing of my permanent residence, if I have all the documents required to reenter, which I have. Then I read an article saying that if you don't have a status, you shouldn't leave the country because you won't be allowed to reenter. I have friends saying I shouldn't leave the country until I get the final acceptance for the permanent residence. Which one is true? Can I leave the country for a month and reenter? Or not?
Why don't you just apply for restoration of status? You have 90 days from when your status expired to do so. Is there a reason you need to leave or are you just trying to get back in status? How far into the process are you?
 

dianaluna

Member
Feb 26, 2016
14
0
I have two citizenships: Mexican and Spanish. When I entered Canada I did it with my Mexican passport. My visa expired but I got the extension until February, which is when my passport expired. I have a new one, but no visa. I know I cannot ask for a visa while I have other immigration application in progress. But I can reenter with my Spanish passport. I need an electronic travel authorization for entering as a Spanish citizen, which I already got. Why is it risky but in the FAQ they say there should be no problem? It gets complicated.

I guess I wanted to update my status but basically go to Mexico to visit my parents, and to get my son to visit them too. I haven't been able to go there in more than two years and they are old. My process in the PR application is slow and just in the beginning. They got my application in October 2014, sent me the letter saying they received it. Same letter to my boyfriend. In January this year they sent a letter telling me to apply for the CSQ. I did, got it in February. But my application hasn't passed the First stage: they are not processing it yet. Last time I checked, like 2 weeks ago, they were working on the applications received on June 30th, 2014. They have been working for the past 3 months in the applications of June, 2014, so I don't see when are they going to get to my application. is going to happen. As for the 90 days, I'll check, thank you. I thought I could just apply 30 before the visa expired, and I don't know if I can ask for an extension while my PR application is in process.

Thanks so much!
 

canadianwoman

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Nov 6, 2009
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You don't need a visa to enter Canada, since you could enter on your Spanish passport. People who do not need visas are much less likely to be refused entry. Bring proof of your application with you. There is still a slight risk, since the border agent could refuse you entry.

You can also apply for a restoration of status, and can apply to extend your status while waiting for your PR application to be processed.
 

dianaluna

Member
Feb 26, 2016
14
0
Thank you! I have another question. If I ask for a status restoration, should I do it as a Mexican or a Spanish citizen, or it does not matter? My last entrance to Canada was as a Mexican and the extension of stay that I asked for before was also done with my Mexican passport. I had to renew my passport, though.
 

The Realist

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Questions RE: IMM 3909e Appendix A


HI Everyone,

Just a Query. Appendix A IMM 3909e states:
"If you are a Cuban national, you must send originals of all documents, unless otherwise instructed. If your documents are not in English of French, send a notarized [certified] translation with a copy of the originals".
So, my Wife [the Applicant] will send our original marriage Certificate and her Birth Certificate, as well as the certified translations of each. That much is clear and obvious. Then CIC goes on to state: [send these documents] "....with a copy of the originals" Huh So, does CIC want a copies of the originals....even when they have the original?? Makes sense...if they are going to return the original marriage certificate/Birth certificate but i just wanted to check. For also, do these copies now have to be certified "True Copy" as well?

Thanks.
 

canuck_in_uk

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May 4, 2012
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dianaluna said:
Thank you! I have another question. If I ask for a status restoration, should I do it as a Mexican or a Spanish citizen, or it does not matter? My last entrance to Canada was as a Mexican and the extension of stay that I asked for before was also done with my Mexican passport. I had to renew my passport, though.
You need to extend your stay using the passport you entered on.


The Realist said:
Just a Query. Appendix A IMM 3909e states:
It's quite rude to hijack someone else's thread with something completely off-topic, especially when you've already posted the EXACT same thing on several other threads.