Help! Applied outland - but moving to Canada earlier than expected!

[ksin86]

Hi everyone, I'm a Canadian Citizen living in Japan sponsoring my Japanese common-law partner with whom I've lived together with for over 2.5 years.

Our OUTLAND application is in process and we were planning on moving to Canada in 2015 after everything was complete, however something came up and we need to move earlier than expected, later this year at the end of 2013.

Basically, we've applied outland but are moving to Canada before getting PR. Couple questions:

1. First of all, when we arrive in Canada later this year, I'm assuming she'll receive a visitor visa and it will of course last for 6 months. Will this have any implications on our outland application?
I already understand that she'll have to fly to Manila (responsible for PR applications from Japan) if an interview is requested of her.

2. Second, after the visitor visa expires after 6 months, we hope to keep extending it until we receive the PR visa. However, if we're not able to extend it, I understand that if she has an application currently in process, she'll be allowed to stay. The thing we are worried about is that, although she's allowed to stay, what if she needs to return to Japan for something like a family emergency? When she comes back to Canada, still waiting for PR, will CIC most likely give her another visitor visa to stay and wait for the PR visa or might they turn her away?

Thanks again!

 

[bartjones]

Hi everyone, I'm a Canadian Citizen living in Japan sponsoring my Japanese common-law partner with whom I've lived together with for over 2.5 years.

Our OUTLAND application is in process and we were planning on moving to Canada in 2015 after everything was complete, however something came up and we need to move earlier than expected, later this year at the end of 2013.

Basically, we've applied outland but are moving to Canada before getting PR. Couple questions:

1. First of all, when we arrive in Canada later this year, I'm assuming she'll receive a visitor visa and it will of course last for 6 months. Will this have any implications on our outland application?
I already understand that she'll have to fly to Manila (responsible for PR applications from Japan) if an interview is requested of her.

It will have no effect on your application. It's fairly common for PR applicants to visit Canada with their Canadian spouses while their PR application is pending.

Someone correct me if I'm wrong, but if they request an interview, it would be in Japan, not Manila. I know they don't process PR visas there, but I believe they still do interviews.

2. Second, after the visitor visa expires after 6 months, we hope to keep extending it until we receive the PR visa. However, if we're not able to extend it, I understand that if she has an application currently in process, she'll be allowed to stay. The thing we are worried about is that, although she's allowed to stay, what if she needs to return to Japan for something like a family emergency? When she comes back to Canada, still waiting for PR, will CIC most likely give her another visitor visa to stay and wait for the PR visa or might they turn her away?

Thanks again!

She can enter as a visitor and visit for 6 months. Prior to the expiration of that visitor's visa you will need to apply to extend her visitor's visa. If that extension application is refused she will have to leave. The fact that she has a PR application in process gives her no status to remain in the country.

However, assuming she is otherwise admissible to Canada and she can show that she has a place to live and the funds to get by, you should have no problem getting the extension

It's difficult to say what would happen if she had to return to Japan. The individual CBSA agent would have to decide whether to let her back in again.

 

[ksin86]

If they still do interviews that would be much easier!

As for extension of the visa, she just told me she's done it before a few times and is familiar with the process. So thank you for reinforcing it!

 

[canuck_in_uk]

1. First of all, when we arrive in Canada later this year, I'm assuming she'll receive a visitor visa and it will of course last for 6 months. Will this have any implications on our outland application?
I already understand that she'll have to fly to Manila (responsible for PR applications from Japan) if an interview is requested of her.

2. Second, after the visitor visa expires after 6 months, we hope to keep extending it until we receive the PR visa. However, if we're not able to extend it, I understand that if she has an application currently in process, she'll be allowed to stay. The thing we are worried about is that, although she's allowed to stay, what if she needs to return to Japan for something like a family emergency? When she comes back to Canada, still waiting for PR, will CIC most likely give her another visitor visa to stay and wait for the PR visa or might they turn her away?

As said above, the interview would actually be in Japan. But with 2.5 years as common-law, there isn't much chance of an interview unless there are some red flags.

When you arrive at the border, bring proof of the PR app in process to show the officers, like the sponsor approval letter. Also have some proof of money as well, like bank statements, just in case they ask (sometimes they do and sometimes they don't). Don't use the word "moving", your partner will just be visiting with you while waiting for PR approval.

An outland PR app gives her no status in Canada, so she will need to continue renewing her visitor visa. Include proof of the PR app and that you guys can support the extended stay and there is very little chance of it being refused.

 

[sanda]

For your 1st question, since Japan is one of the visa-exempt country, she will get only entry stamp on her passport, which includes the date to enter in Canada. As the expiry date approaches, she will have to apply to extend her visitor status and the application requires the reason to extend. (Sorry I don't know the reason she indicates is actually printed on the visa.) After moving into Canada, you must notice the change of address to Manila visa office.

For your 2nd question, yes she has no problem to go out and come back to Canada. She just must tell the truth to CBSA. (Applied PR outland, Move in Canada, Back home due to family emergency, and back to Canada to reunite spouse..etc) It may worth to have a proof of that she's applying PR like mails from CIC or screen shot of you Ecas.

 

[Rob_TO]

Just to add, make sure to change her address with CIC. When Manila finishes the application and it's time to send her COPR, they can mail it directly to Canada instead of to your current Japan address.

 

[ksin86]

canuck_in_uk
Thank you for your advice. I'll make sure she brings a bank statement and also make sure for her to tell the truth that she's visiting with me while waiting for PR.

sanda
Thank you! I'll remember send an address change notice to the Manila visa office. Also thanks for the procedure advice in case of family emergency.

Rob_TO
Thanks, will do! I'll keep in contact with CIC about the address change.


Thank you all for answering the question so many times, it helps reinforce everything and other people's answers too. I hope this helps others who are looking for the same answers.