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Canada ReEntry

sara1978

Member
Aug 17, 2017
12
0
Hello, I have lived in Canada as US citizen for about a year. I am about half way through permanent resident process (through spousal sponsorship as husband is Canadian). Also applied for work permit at same time but haven't received that yet either. I have to fly to US for family wedding and am wondering what the agent will ask when I return. Do I offer the information that I live in Canada and am in middle of PR process? Obviously not going to lie but not sure what information to offer that will make it go smoothly as I will be traveling with my 2 small children (also have their Canadian citizenship) Assuming some on here have gone through this so any advice appreciated.
 

lossada

Hero Member
Sep 5, 2017
281
81
Hello, I have lived in Canada as US citizen for about a year. I am about half way through permanent resident process (through spousal sponsorship as husband is Canadian). Also applied for work permit at same time but haven't received that yet either. I have to fly to US for family wedding and am wondering what the agent will ask when I return. Do I offer the information that I live in Canada and am in middle of PR process? Obviously not going to lie but not sure what information to offer that will make it go smoothly as I will be traveling with my 2 small children (also have their Canadian citizenship) Assuming some on here have gone through this so any advice appreciated.
You have lived for about almost one year, question: did you ask for a visitor extension to stay more than six months in Canada. if yes just tell the border officer the truth, you are waiting for your permanent resident; if not, troubles
have an appointment with an immigrant lawyer/consultant in Canada to be sure about your process
 

sara1978

Member
Aug 17, 2017
12
0
I did not ask for extention because I applied for PR before 6 months visitor was up. I have asked the immigration legal aid in my community and they all say it "should"be fine. I even called border agent, explained situation prior to purchasing ticket and they said as US citizen I can leave and come back for 6 months with no problem. I said even though Im in PR process and again got the "should not be a problem" I dont understand why I couldn't get a straight answer which is why I wanted to know experience of anyone who has been in similar situation
 

lossada

Hero Member
Sep 5, 2017
281
81
I did not ask for extention because I applied for PR before 6 months visitor was up. I have asked the immigration legal aid in my community and they all say it "should"be fine. I even called border agent, explained situation prior to purchasing ticket and they said as US citizen I can leave and come back for 6 months with no problem. I said even though Im in PR process and again got the "should not be a problem" I dont understand why I couldn't get a straight answer which is why I wanted to know experience of anyone who has been in similar situation
PR process doesn't give anyone any privilege of staying in Canada behind the stay permit, if you overstay your visitor permit.

As a US citizen you have not troubles for go out and come back to Canada anytime, but you have to be legal and respect the law, more than 6 months you have to extend your stay (have an implied status) till they allow you to stay more time in Canada.

Give them a call 1 888 242 2100.
 
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Elanigana

Hero Member
Nov 22, 2016
208
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Category........
FAM
App. Filed.......
05-02-2018
I am in your same position. The truth is... anything can happen at the border. The only difference is that I have extended my stay.
 

sara1978

Member
Aug 17, 2017
12
0
I wish I had known, and have tried to get through to immigration for months now. I can email through my portal but as for calling they say too many calls already logged and they hang up as soon as you get to point of being able to speak to someone
 

scylla

VIP Member
Jun 8, 2010
97,346
23,154
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
PR process doesn't give anyone any privilege of staying in Canada behind the stay permit, if you overstay your visitor permit.

As a US citizen you have not troubles for go out and come back to Canada anytime, but you have to be legal and respect the law, more than 6 months you have to extend your say (have an implied status) till the allow you to stay more time in Canada.

Give them a call 1 888 242 2100.
This is incorrect information.

If you apply for PR through the inland route and include an OWP with the inland application - AND the application is received before the allowed six month visit ends - then the applicant has implied status and can remain in Canada legally while waiting for the application to be processed (and without submitted an application to extend their stay in Canada).
 
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Elanigana

Hero Member
Nov 22, 2016
208
41
Category........
FAM
App. Filed.......
05-02-2018
The reality is that we’re at the discretion of the officer at the border. No one can say 100% that you’ll have no issues. The truth is, they will probably question and probe... just answer truthfully.

Also, did you apply Outland or inland? If you applied inland- I was under the impression you shouldn’t leave Canada. But someone who has a better understanding may be able to give you clearer.
 

scylla

VIP Member
Jun 8, 2010
97,346
23,154
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
The reality is that we’re at the discretion of the officer at the border. No one can say 100% that you’ll have no issues. The truth is, they will probably question and probe... just answer truthfully.

Also, did you apply Outland or inland? If you applied inland- I was under the impression you shouldn’t leave Canada. But someone who has a better understanding may be able to give you clearer.
OP applied inland with an OWP. This gives her implied status (legal status) in Canada.

Agreed that you should remain in Canada with inland applications if possible and avoid leaving the country.

Since the OP is American, there should be absolutely no issue re-entering Canada. But always some very small chance there could be problems.
 

sara1978

Member
Aug 17, 2017
12
0
Thanks everyone for taking time to respond! My understanding as well is that I had implied legal status through PR/WP process which was started within 6 month window. As a US citizen I am able to come for 6 months as visitor but does the implied legal status cease when I leave and I am coming back now as a visitor? Is that what I tell immigration when I return? I understand I should remain in Canada through PR process (and would have but really can't miss my brother's wedding) The children are in the ceremony and I'm committed at this point. To make matters worse flying home on a red eye. I anticipate being exhausted when I get to immigration and want to be as prepared as possible to make the situation as easier for the kids.
 

lossada

Hero Member
Sep 5, 2017
281
81
Thanks everyone for taking time to respond! My understanding as well is that I had implied legal status through PR/WP process which was started within 6 month window. As a US citizen I am able to come for 6 months as visitor but does the implied legal status cease when I leave and I am coming back now as a visitor? Is that what I tell immigration when I return? I understand I should remain in Canada through PR process (and would have but really can't miss my brother's wedding) The children are in the ceremony and I'm committed at this point. To make matters worse flying home on a red eye. I anticipate being exhausted when I get to immigration and want to be as prepared as possible to make the situation as easier for the kids.
have a great trip
 

sara1978

Member
Aug 17, 2017
12
0
thanks, I am sure it will be great and being prepared for the return will help me be able to enjoy it more!