CIC Says My Spouse Must Re-Enter Canada from USA?

[Rob_TO]

If that's the rule how are outland applications being processed for anyone at all for those that are applying from within Canada at the time of application?
What is meant by "residing in"?
Very convoluted rules.

Because in most cases they are not using a visa office that would be used for Canadian residents, they are using a visa office based on their citizenship. So where they happen to live (in Canada or in some other country) is irrelevant.

 

[Ponga]

Because in most cases they are not using a visa office that would be used for Canadian residents, they are using a visa office based on their citizenship. So where they happen to live (in Canada or in some other country) is irrelevant.

Apparently it does matter if the person is out of status and lists a Canadian address.

 

[Rob_TO]

Apparently it does matter if the person is out of status and lists a Canadian address.

Right, because the app is not being processed based on them being a Canadian resident, it's being processed based on their citizenship in some other visa office, and any potential interview would be in their home country. This would be the same if a person is out of status, or here on say a 6-month visitor status.

If someone had valid status in Canada for at least 1 year (i.e. on a study visa or something), then I believe they could be processed outland but as a Canadian resident and their app would have a better chance to go to Ottawa and any potential interview could be in Canada as well.

 

[Ponga]

Right, because the app is not being processed based on them being a Canadian resident, it's being processed based on their citizenship in some other visa office, and any potential interview would be in their home country. This would be the same if a person is out of status, or here on say a 6-month visitor status.

If someone had valid status in Canada for at least 1 year (i.e. on a study visa or something), then I believe they could be processed outland but as a Canadian resident and their app would have a better chance to go to Ottawa and any potential interview could be in Canada as well.

But in the case of the OP, the application would have been processed in Ottawa. The problem was the lack of status, not the Canadian address.

 

[Rob_TO]

But in the case of the OP, the application would have been processed in Ottawa. The problem was the lack of status, not the Canadian address.

Yes but apps can be processed in Ottawa either as a US citizen (irrelevant of where applicant is living in the world), or as a resident of Canada (must have valid status in Canada for min 1 year). In this case it was the former.

 

[Aquakitty]

It doesn't say "legally residing", it says simply "residing" and "lawfully admitted". I just don't see where status comes in with that explanation Ponga posted.

But I'm glad it went smooth for you at the border, OP!

At least we know now, worst-case scenario for an American applying outland without status, they will get a letter telling them to cross the border, best case they won't care.

 

[Decoy24601]

What if the person is on implied status while their application processes? My status is going to expire on the 19th of this month so I sent an application to extend my status a week ago. I applied by paper so there's a chance that they could be processing my PR application before my visitor extension comes. They would be able to see that I have a visitor status extension request in the system, right? I would hate for them to think I'm out of status when I'm on implied status and end up receiving a similar letter.

 

[CDNPR2014]

What if the person is on implied status while their application processes? My status is going to expire on the 19th of this month so I sent an application to extend my status a week ago. I applied by paper so there's a chance that they could be processing my PR application before my visitor extension comes. They would be able to see that I have a visitor status extension request in the system, right? I would hate for them to think I'm out of status when I'm on implied status and end up receiving a similar letter.

they won't think you are out of status unless you are denied the extension request (highly doubtful) and remain in canada anyway. Yes, your application extension application will be viewable for them once it starts processing.

 

[Loveactually]

HI I applied outland and out of status I am from the UK I now fear this is going to happen to me. I would have to cross the border with my son they may deny me what would I do with my son oh God

 

[Aquakitty]

HI I applied outland and out of status I am from the UK I now fear this is going to happen to me. I would have to cross the border with my son they may deny me what would I do with my son oh God

How long have you been out of status?

 

[Ponga]

HI I applied outland and out of status I am from the UK I now fear this is going to happen to me. I would have to cross the border with my son they may deny me what would I do with my son oh God

Well, if CBSA is playing fair, you should have the same luck as the OP did:

We left Canada and re-entered and she obtained a one year Visitor Record without any problems and got her passport stamped. Sent the updated information to CIC.

 

[Aquakitty]

Maybe I'm missing something, but I really don't see why they sent that letter in the first place.... the manual outright states being out of status is not a reason to deny processing a PR application.

 

[Ponga]

Maybe I'm missing something, but I really don't see why they sent that letter in the first place.... the manual outright states being out of status is not a reason to deny processing a PR application.

Which manual are your referring to, one of the OP (Outland Processing) manuals, like OP-1, or OP-2?

 

[Loveactually]

I hope so ponga I have been here almost 4 years

 

[Marulara]

I hope so ponga I have been here almost 4 years

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