Hands down the most often asked question from Inland applicants

[Ponga]

"Can I/we leave Canada for a short trip"?

The answer is...YES you can LEAVE Canada.

The potential problem is that if the applicant is refused re-entry (even with OWP) FOR ANY REASON, it could kill the inland application.
Perhaps there have been those that were refused, but tried again (a day or two later) that were successful. This would NOT impact the Inland application for those travelers.

Only those that are denied, and subsequent attempts to re-enter are also denied, would be in danger of having their application rejected, because they are no longer IN Canada...which IS a requirement for an Inland application; that the couple LIVE together IN Canada.

Worst case scenario would be if a person is not only denied, but also hit with an Exclusion Order, preventing them from entering Canada for a year (or more)! How likely is it that an Inland applicant would ever get an EO...no idea, but I'm sure it has happened.


NOBODY [here] can offer any guarantees, only opinions. Weigh the very REAL (albeit small for many) risk and decide if the trip is still THAT important to you.


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

 

[Majromax]

The potential problem is that if the applicant is refused re-entry (even with OWP) FOR ANY REASON, it could kill the inland application.

This is coupled with an inland application being possible while out-of-status, without granting legal status itself.

Like many other aspects of inland sponsorship, this is made worse with long processing times. This both increases the desire for foreign travel and increases the likelihood that other status will expire over the duration of processing.

 

[SchnookoLoly]

Thanks for posting this - I've linked this in the BritishExpats wiki section for spousal sponsorship since we get that question over there lots too! http://britishexpats.com/wiki/Spousal_Sponsorship-Canada#Inland_application

 

[Ponga]

Thanks for posting this - I've linked this in the BritishExpats wiki section for spousal sponsorship since we get that question over there lots too! http://britishexpats.com/wiki/Spousal_Sponsorship-Canada#Inland_application

Great! Thanks for sharing this.

 

[Ponga]

This is coupled with an inland application being possible while out-of-status, without granting legal status itself.

Like many other aspects of inland sponsorship, this is made worse with long processing times. This both increases the desire for foreign travel and increases the likelihood that other status will expire over the duration of processing.

Agreed. That's why, for those that have status, submitting an OWP with their Inland application is the `magic ticket', because it keeps them in [implied] status for the duration of the process. And, unlike a visitor extension request, it does not need to be approved; it's automatic.

While it's true that a person without status can remedy the problem by simply leaving and returning to Canada, I would strongly advise those without status to stay put! CBSA would undoubtedly know that they have overstayed when they attempt re-entry...which would likely have devastating consequences!

 

[SchnookoLoly]

Great! Thanks for sharing this.

No problem, it's super useful for addressing the questions that have been asked a zillion and one times.

There's also an article on there about IEC and [lack of] implied status, which goes through the whole schtick in a bucket of detail, so worth keeping that bookmarked too!

 

[birdboy008]

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

I'm not advocating that anyone else try this. I have successfully visited the USA on two occasions, once by car and once by air. I am American and have status in Canada as a student (study visa). Both trips were done after receiving AOR and waiting for AIP.

I will add that when I crossed the border, I did not mention my pending inland PR application. I struggled with this as NOT telling them upfront might look quite bad. But to be honest once I got to the booth, they controlled the conversation with their questions and I'm not sure when I could have told them. "Any firearms, tobacco or alcohol?" and so on.

I also had brought with me letters from my employer, school, etc. and my AOR letter. Basically anything I thought would help explain my situation should they want it.

I have made many such trips over the years and never once had a problem at the border. There was even that summer a few years ago when they searched my car top to bottom (random inspection?) with no problems. I think having a long, clean record with the CBSA likely helps too. As far as CIC goes, I have always stayed in status, renewing my study permit on time. I'm now waiting for my OWP to arrive (filed separately under the pilot program).

I will strongly advise any new inland applicants to submit an OWP with their inland PR applicants (as another posting stated).

 

[jamsham12]

I'm not advocating that anyone else try this. I have successfully visited the USA on two occasions, once by car and once by air. I am American and have status in Canada as a student (study visa). Both trips were done after receiving AOR and waiting for AIP.

I will add that when I crossed the border, I did not mention my pending inland PR application. I struggled with this as NOT telling them upfront might look quite bad. But to be honest once I got to the booth, they controlled the conversation with their questions and I'm not sure when I could have told them. "Any firearms, tobacco or alcohol?" and so on.

I also had brought with me letters from my employer, school, etc. and my AOR letter. Basically anything I thought would help explain my situation should they want it.

I have made many such trips over the years and never once had a problem at the border. There was even that summer a few years ago when they searched my car top to bottom (random inspection?) with no problems. I think having a long, clean record with the CBSA likely helps too. As far as CIC goes, I have always stayed in status, renewing my study permit on time. I'm now waiting for my OWP to arrive (filed separately under the pilot program).

I will strongly advise any new inland applicants to submit an OWP with their inland PR applicants (as another posting stated).

When did you submit your OWP?

 

[chakrab]

I have asked border agents and immigration agents about the issue (during my citizenship interview). i was told that if the applicant has a student or work visa in canada, then there won't be a problem getting in, unless they are criminally inadmissible. it's different for people with just visitor visa or trv, because they have to show the intent to leave canada at the end.

i asked them why have they put such a clause if they are okay with people leaving. their reply was that many applicants on visitor visa leave canada to their home land and let their visa expire. then when try to apply for a visa, they get refused or even refused entry at border for the sake that they intend to stay long or plan to work. in such a case, their application is in a limbo. for such reasons, CIC has put a precaution for application leaving the country. they don't mind travel as long as the applicant knows they won't have an issue entering.

 

[jamsham12]

I have asked border agents and immigration agents about the issue (during my citizenship interview). i was told that if the applicant has a student or work visa in canada, then there won't be a problem getting in, unless they are criminally inadmissible. it's different for people with just visitor visa or trv, because they have to show the intent to leave canada at the end.

i asked them why have they put such a clause if they are okay with people leaving. their reply was that many applicants on visitor visa leave canada to their home land and let their visa expire. then when try to apply for a visa, they get refused or even refused entry at border for the sake that they intend to stay long or plan to work. in such a case, their application is in a limbo. for such reasons, CIC has put a precaution for application leaving the country. they don't mind travel as long as the applicant knows they won't have an issue entering.

so say i applied inland, and waited until i received a OWP to enter canada again, by brandishing my owp to CBSA, i would not be denied then?

 

[SchnookoLoly]

so say i applied inland, and waited until i received a OWP to enter canada again, by brandishing my owp to CBSA, i would not be denied then?

No, in that case you should be fine. The OWP shows that you have legal status in Canada and should be allowed re-entry. The issue is if you're only in Canada as a visitor, you are essentially applying for a "new" visitor visa every time you come up to the border, so you could be turned down at any point. With an OWP it pretty much gets you status in Canada for the duration of the work permit, hence travel is much easier once that OWP is in hand.

 

[jamsham12]

No, in that case you should be fine. The OWP shows that you have legal status in Canada and should be allowed re-entry. The issue is if you're only in Canada as a visitor, you are essentially applying for a "new" visitor visa every time you come up to the border, so you could be turned down at any point. With an OWP it pretty much gets you status in Canada for the duration of the work permit, hence travel is much easier once that OWP is in hand.

That might be my last resort, If incase my consultant screwed up and filled my application inland instead of outland that i requested, is the 4 months for the pilot program, after you originally applied or say the 4 months after you submitted the OWP request?

 

[Ponga]

No, in that case you should be fine. The OWP shows that you have legal status in Canada and should be allowed re-entry. The issue is if you're only in Canada as a visitor, you are essentially applying for a "new" visitor visa every time you come up to the border, so you could be turned down at any point. With an OWP it pretty much gets you status in Canada for the duration of the work permit, hence travel is much easier once that OWP is in hand.

Just to clarify...an OWP does not give status to a person that was without status before receiving the OWP.

All Inland applicants are eligible for the OWP once they receive AIP, even those without status, but on their OWP is usually something like "Does not confer Temporary Resident Status".

 

[SchnookoLoly]

Just to clarify...an OWP does not give status to a person that was without status before receiving the OWP.

All Inland applicants are eligible for the OWP once they receive AIP, even those without status, but on their OWP is usually something like "Does not confer Temporary Resident Status".

Right, I missed that part! Thanks for clarifying.

 

[kaosezmu]

Okay, just to make sure I've understood this correctly.

I tried to organize my questions:

1. If I (US citizen with common-law partner) apply inland attached with an OWP application AND I continually request to extend my TRV....assuming my TRV extension requests are always granted, having a OWP will help ensure that re-entry to Canada after travel?

2. We're planning on going to Europe for 1 or 2 months at the end of the summer. So as long as my TRV doesn't expire while I'm abroad (whether or not I have an OWP yet), I'll be okay for re-entry correct? Or do you think it's better to stay put until OWP is granted as well?

3. Even if OWP does not need to be renewed when submitted together in the beginning for the duration of the process, I will still need to request a visitor extension each time it expires, correct?