Hands down the most often asked question from Inland applicants

[Ponga]

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?

1. NO! Nothing guarantees re-entry, but having an OWP (without the blurb about not conferring Temporary Resident Status) can certainly help.
Also, if you do apply Inland and INCLUDE an OWP, you would not need to apply for visitor extensions.

2. This would be a very bad idea, because an Inland application requires the person to live in Canada. Taking a 2 month trip is only asking for trouble!


If you leave Canada at any time during the process, your `current' status leaves with you and you must be granted a new stay.


Based on your desire to travel this Summer, you really should be applying Outland (which means no OWP), but does mean a much faster overall processing time...hopefully.

 

[chakrab]

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?

if I remember correctly, you can't extend TRV from inside Canada without a study or work permit (according to the website). what you extend or receive is the TRP (resident permit), similar to i-94 in US. so you can stay in canada as long as you want. resident permit doesn't ensure re-entry and your case will be re-assessed when you land at the border.

i would advice you to apply and wait for OWP before leave.

 

[kaosezmu]

Ah, okay. I see. Maybe I'm using the wrong acronym here. I have a visitor record right now that is set to expire on April 20th and I'm extending that while we prepare to send off my PR sponsorship application before my status expires. I thought it was the same thing as TRV.

So just to confirm. If we do chose to apply inland with OWP app, once granted then I don't need to keep re-applying to extend my visitor's stay? Or I do need both OWP and an extension on my visitor's status while waiting for my inland app to be processed?

 

[28january]

So I just got back from a month long trip to my hometown.. I have left the country a couple of times to the states and Mexico (both by land and air) and I've been fine with just a multiple entry visa and visitor record. I now have an OWP.

This time though, the agent at my hometown airport was actually the one giving me troubles. She said since I hold a visitor visa, she can't let me fly without a return ticket even though my visitor record allows me to stay long term. So I presented her with my OWP, but apparently it still wasn't good enough because then she said why am i on a visitor visa... Frustrating but all it took was one call to someone who knew better and I was ready to fly.

Definitely got me worried for CBSA but it went very well. He asked what I do ("housewife") and how far along I was with my sponsorship. OWP wasn't even brought up

 

[jmarie]

My husband has an OWP that he received after applying for Inland PR. He was never without status, PR was submitted prior to his previous visa expiring.

If he gets a multi-entry tourist visa "Applying for Visitor Visa (Temporary Resident Visa - IMM 5256)" is it possible for him to travel outside Canada?

The processing time is now 27 months, which means he won't be able to visit family and friends for another 2 years. He's already been here a year and a half.

The bigger issue seems to be with people who end up without status, which wouldn't be the case for him.

Thanks!

 

[Ponga]

My husband has an OWP that he received after applying for Inland PR. He was never without status, PR was submitted prior to his previous visa expiring.

If he gets a multi-entry tourist visa "Applying for Visitor Visa (Temporary Resident Visa - IMM 5256)" is it possible for him to travel outside Canada?

The processing time is now 27 months, which means he won't be able to visit family and friends for another 2 years. He's already been here a year and a half.

The bigger issue seems to be with people who end up without status, which wouldn't be the case for him.

Thanks!

I'm sure his chances of re-entry would indeed be greater than a person without status, but it's still no guarantee.

And, a lot of Inland applicants are getting DM with (or shortly after) AIP, so the 27 month processing time really is closer to ~17-18 for them.

 

[jmarie]

Sorry, what is DM?

 

[SchnookoLoly]

Decision Made

 

[luisluis]

Hi all,

I don't understand how can you have an OWP, be working in Canada, have a multiple-times temporal visitor (aka tourist) visa, and be denied.

Any idea?

thanks!

 

[annakrystyna13]

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".

Ponga, when did this rule change? I was under the impression that the person had to have legal status in Canada to apply for the OWP under the pilot project.

 

[annakrystyna13]

Ponga, when did this rule change? I was under the impression that the person had to have legal status in Canada to apply for the OWP under the pilot project.

Oh sorry...ONCE THEY RECEIVE AIP. Sorry I just read that again.

 

[luisluis]

Ok. Let's assume somebody has "Temporary Resident Status" because,
for example, got in the country as a tourist,
and then got married,
and then applied inland,
and get an OWP,
all these while being in "Temporary Resident Status".

How can this person be denied if attempt to return to Canada?

I've read having the OWP and a letter from employer helps in some port of entry, but seems very shaky.

cheers!

 

[km9203]

Ok. Let's assume somebody has "Temporary Resident Status" because,
for example, got in the country as a tourist,
and then got married,
and then applied inland,
and get an OWP,
all these while being in "Temporary Resident Status".

How can this person be denied if attempt to return to Canada?

I've read having the OWP and a letter from employer helps in some port of entry, but seems very shaky.

cheers!

To put it simply: because you only have a guaranteed entry if you are a permanent resident or citizen of Canada.

Anyone else, it is up to the discretion of the officer, doesn't matter if you have temporary resident status. The OWP says "does not authorise re-entry to Canada."

 

[CDNPR2014]

Anyone else, it is up to the discretion of the officer, doesn't matter if you have temporary resident status. The OWP says "does not authorise re-entry to Canada."

to follow up on this...while it's a risk, if a person has a valid visa to enter canada, a work permit and letter from a canadian employer, then the changes of being denied entry are low. It's when a person has been in Canada longer than their home country for no other reason but to "visit" and wants to return long term as a visitor again, or there's proof of working illegally, does the risk of being denied entry increase.

 

[luisluis]

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/