Experience with traveling back and forth

[mdk.01]

Our family left Canada after a 2 month stay. They have been gone since Feb, 20th. One family members now wants to return March, 8th. Our lawyer in India said that’s not possible because they only have 2 year multi entry visa not 10 year and it will create problem with immigration. Also immigration with want proof of function because our original function is pasted. Last issue he is saying our family member will need medical test or something.

Now to me this lawyer has no idea what he is talking about. First of all visa is visa, is it now? Two or ten years shouldn’t matter. They have multiple entry for two years, up to 6 months stay depending on officer at entry.

Secondly, Yes function is over.. but people don’t get visas based on their function they are attending in Canada. They application is the primary source of approval based on requirements. So that’s another bullshit claim.

Third issue about medical is for super visa and people who stay over 6 months, right?

He just doesn’t seem to know anything and is giving false information. Like even for their first time traveling he told them only 1 suitcase each! Umm no it clearly states in the tickets each person is able to bring 2 suitcase plus carry-on.

Is this lawyer just talking out his ass or is he right?

 

[scylla]

I agree with some of what your lawyer has said (but not everything).

Whether you are allowed into Canada as a visitor is always up to the CBSA officer you encounter at the border. A visitor visa does not entitle you to enter Canada. If the CBSA officer feels someone is spending too much time in Canada and not behaving as a visitor (i.e. abusing their visitor visa privileges) - it's certainly possible to be refused entry.

Leaving after a two months stay and then returning again within a matter of weeks is a pretty quick turn-around and this increase the chances of issues at the border. Generally speaking, you want to show that you are spending more time outside of Canada than inside of Canada within any 12 month period. If you want to play it safe, it would be best to remain outside of Canada for three months before returning. If you want to stick with your plans and return again soon, then I would make sure you have a return ticket and keep this second trip short (i.e. 2 weeks).

As for the suitcases, generally the recommendation is to bring what a tourist brings and not over-pack for a visit. If someone comes with two huge suitcases packed to the brim, sometimes this can make it look like they have plans to stay a very long time or that they are attempting to move to Canada without authorization. This has nothing to do with how much luggage the airlines lets you bring - it's about how things look to CBSA officers when you arrive.

Again, always impossible to say what will happen at the border. Sometimes people have problems - sometimes they have no problems.