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Getting back into Canada while married and applying for PR.

Baloo

VIP Member
Nov 30, 2009
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This post applies to people from visa exempt countries who are not in Canada at present,
who are married (or are in a similar relationship as defined by CIC) and who will, or have applied for PR.



So you want to stay in Canada with your spouse while your PR application is being processed?
What you need to do is apply for extended visitor status. You can do this at the time you enter Canada at your point of entry.

From the details I have found, I understand the following:

1. Arrive at the border with your spouse (Mandatory).
2. Carry your marriage certificate.
3. Carry at least one of the following:
a) the partially completed forms to apply for PR (lowest level of proof) or
b) the receipt of payment for the PR application (better proof) or
c) details of your sponsors approval (really good proof).
4. Let your Canadian partner do ALL the talking.
5. Your Canadian partner should tell the IO that you are his/her wife/husband and he/she has applied for your permanent status.
You will be sent to secondary screening at this point.

6. Your Canadian partner must prove to the secondary screening IO that you are married.
7. Your Canadian partner must be prepared to present proof that you actually intend to file, or have filed a PR application.
8. There will be questions about financial support and home address in Canada.
9. What you want is a visitors record (VR), the POE officer at secondary screening can issue this.

The length of time allowed on the VR can be six months or as long as the POE officer decides, either way you can apply to extend a VR once you are in Canada.

Given that you do all this it is likely the officer will grant you entry to wait in Canada for your PR to be approved.
But as usual, there are no guarantees.

I suspect, (but do not know) that you still need to meet all the usual requirements as "a visitor".
And I assume that will include things like intent to return to your non Canadian country.

Of course flying you and your partner between counties is expensive;
For those who do not live in the USA, and are visa exempt, it may be less expensive to fly into the USA and get your partner to drive over the land border to meet you, returning to Canada together.

There is a good link here: http://us2canada.com/visitorrecord.php

Additions, corrections, comments and experiences are welcome.
 

RobsLuv

Champion Member
Jul 14, 2008
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Ontario
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Please be advised that US2Canada is not an authorized CIC website. The information contained in the site is a compilation of reports from applicants who have been through the PR process, and from information received via CIC officers, the CIC processing manuals and as a result of Members of Parliament inquiries. It's intended to be used as a resource - not as a directive. In addition, the site is primarily designed to assist visa-exempt applicants - non-visa-exempt nationals are subject to much different requirements, especially when requesting temporary status.

Referencing information from a third-party-site like US2Canada in a conversation with an immigration officer is something you do at your own risk. They don't like to be told that you think you know more about their job than they do - even if you do, and even if the information you have was obtained from an official CIC website or processing manual. Unfortunately, apparently even the Act & Regulations are up for interpretation by CIC officers - they get to say what anything written there means. You don't. So proceed with due respect and caution, understanding that there are never any guarantees when it comes to a foreign national attempting to obtain any type of status - temporary or permanent - in Canada.
 

Baloo

VIP Member
Nov 30, 2009
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RobsLuv said:
Please be advised that US2Canada is not an authorized CIC website.

Snip -

So proceed with due respect and caution, understanding that there are never any guarantees when it comes to a foreign national attempting to obtain any type of status - temporary or permanent - in Canada.
Thanks for the comments they are most welcome - I agree completely, I referenced the site only because it was one of the locations I found. Like you said, it is not an official site, just like this one. Views, personal experiences and opinions are all that are offered.

I also mentioned that there are no guarantees, even if I was crazy enough to carry all the legislation with me, it would not help.
There are no rights in the gap between the aircraft and the exit door after the immigration hall, the Immigration officer is the one who decides, treat them properly, and tell the truth, in the end they can make or break your day (and a lot worse)
 

lovebajan

Star Member
Dec 6, 2009
65
2
Hey,
Maybe someone can suggest something to me...my husband bought a ticket for a 6 month stay because when he arrives i will be about 6.5 months pregnant...should i change the ticket to lees time, like 2 or 3 months then apply for an extension if they (the io) stamps an expiration date in his passport???
please help!!
Thanks!
 

Baloo

VIP Member
Nov 30, 2009
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I am not sure what you are trying to do here (But I have only just woken up).

Ticket changes - contact the airline, they may charge a fee if the ticket type allows a change.

Does your husband need a visa?

The date on a VR (visitor record) or a passport stamp can be different to a flight ticket.
But unless you are granted a visa extension you must leave either:
a) before your visa expires (if you need a visa).
b) before (or on) the leave date on the VR.
c) before (or on) the leave date on the stamp (if one was added).
d) before (or on) six months after the entry date on the passport stamp.
 

lovebajan

Star Member
Dec 6, 2009
65
2
I already changed the flight...it's now a direct flight...(he doesn't need a visa) So when I go to pick him up at the airport, how will I be able to speak to an io to ask for a visitor record and an extension of his stay?
 

matthewc

Hero Member
Jan 18, 2010
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Grimsby, ON
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You won't be able to see him or speak to an IO until after he has arrived. He will have to talk to the IO first and explain the situation. That's not quite as good as if you're actually there with him from the start, but he should tell the IO that you're waiting for him and are happy to talk to them if needs be.
 

lovebajan

Star Member
Dec 6, 2009
65
2
ok, well, considering he has left on time all the previous times, I pray he meets a nice person (io) who won't get a power trip!
Thanks!