Hands down the most often asked question from Inland applicants

[Ponga]

Exactly. You only have the right if you are citizen or permanent resident.

Now, if you have a multiple-entry visa, an open work permit, leave Canada for a month,
it seems the officer should just let you in.

They discuss the issue here:
http://info.lawyershop.ca/archives/2007/04/25/work-permits-and-the-right-to-re-enter-canada/

A few observations:

1. The information is from 2007

2. The issue of Dual Intent isn't even mentioned, which is the part that Inland applicants may have trouble with.

Suffice to say that some (perhaps even most) Inland applicants no longer have ties `back home', which makes it challenging if the CBSA officer has concerns about
whether or not the applicant will leave Canada (voluntarily) if their PR is denied.

 

[Lizzy1987]

It would be great to hear from those that have actually tried doing this.

I just left Canada and came back last week actually. It was my first time leaving Canada since I entered last summer and applied for PR with OWP. I'm American, have a OWP now, and have a full time job. My husband and I went to the US for his work trip (I tagged along for vacation). We checked with a CBSA officer at the airport well in advance, who said people from Visa exempt countries with an OWP should be just fine (key word should). I brought every document with me I could possibly bring just in case, and I had no problems whatsoever. The officer looked at my passport and Work Permit, asked the purpose of our trip, and then sent us on our way.

 

[mnimmigrant2016]

I just left Canada and came back last week actually. It was my first time leaving Canada since I entered last summer and applied for PR with OWP. I'm American, have a OWP now, and have a full time job. My husband and I went to the US for his work trip (I tagged along for vacation). We checked with a CBSA officer at the airport well in advance, who said people from Visa exempt countries with an OWP should be just fine (key word should). I brought every document with me I could possibly bring just in case, and I had no problems whatsoever. The officer looked at my passport and Work Permit, asked the purpose of our trip, and then sent us on our way.

That's wonderful news. I should be getting my OWP in the fall, and I'd love to be able to visit my family and friends. Do you have a TRV or any other visas or just the PR application in process with the OWP?

 

[Lizzy1987]

That's wonderful news. I should be getting my OWP in the fall, and I'd love to be able to visit my family and friends. Do you have a TRV or any other visas or just the PR application in process with the OWP?

Just my OWP and PR application in process

 

[mnimmigrant2016]

Just my OWP and PR application in process

Thank you. That's wonderful. So good to know. At the beginning of this process, I told my friends and family I wouldn't be able to visit for at least 2 years. I'm so glad that is not actually the case.

 

[Ponga]

Thank you. That's wonderful. So good to know. At the beginning of this process, I told my friends and family I wouldn't be able to visit for at least 2 years. I'm so glad that is not actually the case.

There is no rule, so you can't say this is not `actually the case'. Even CIC cautions Inland applicants, in the Guide, to remain in Canada during the process.

 

[mnimmigrant2016]

There is no rule, so you can't say this is not `actually the case'. Even CIC cautions Inland applicants, in the Guide, to remain in Canada during the process.

Yes, I understand the risk.

 

[sophieee]

Program delivery update – June 13, 2016
Update to the instructions on temporary residents with implied status

Clarifications have been made to the instructions on implied status. This incorporates the Federal Court decision of De Brito v. Canada (Minister of Citizenship and Immigration), which states that a person remains on implied status until a decision is made on their application, even if they depart Canada. This will assist officers at ports of entry in determining whether a client with implied status who is from a visa-required country has the right to re-enter Canada without a visa following a visit solely to the United States or to St. Pierre and Miquelon.

http://www.cic.gc.ca/english/resources/tools/updates/2016/2016-06-13.asp

 

[Ponga]

Program delivery update – June 13, 2016
Update to the instructions on temporary residents with implied status

Clarifications have been made to the instructions on implied status. This incorporates the Federal Court decision of De Brito v. Canada (Minister of Citizenship and Immigration), which states that a person remains on implied status until a decision is made on their application, even if they depart Canada. This will assist officers at ports of entry in determining whether a client with implied status who is from a visa-required country has the right to re-enter Canada without a visa following a visit solely to the United States or to St. Pierre and Miquelon.

http://www.cic.gc.ca/english/resources/tools/updates/2016/2016-06-13.asp

It still shows that a person that leaves Canada, would not be able to continue to work or study:

They may not resume work or study in Canada until their application for renewal has been granted. Those not able to resume work must satisfy the border services officer that they have sufficient means of support.

If a person that has continued to work under implied status, who then leaves Canada...would no longer be authorized to work until the new OWP or WP arrives. Their implied status would be as a visitor.

 

[sophieee]

It still shows that a person that leaves Canada, would not be able to continue to work or study:

They may not resume work or study in Canada until their application for renewal has been granted. Those not able to resume work must satisfy the border services officer that they have sufficient means of support.

If a person that has continued to work under implied status, who then leaves Canada...would no longer be authorized to work until the new OWP or WP arrives. Their implied status would be as a visitor.

I think that's the new part:

Temporary residents from TRV-required countries who have implied status and are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon are still considered to be TRV exempt, as per subparagraph R190(3)(f)(ii). In this case, their period of authorized stay is extended, pending a decision.

I don't think that's a major change for inland applicants in general, and doesn't lower the risk of being denied on the grounds of dual intent, but it basically means that a visa-required applicant can reentry based on a pending TRV application.