Help Needed

[Big Daddy]

Hi,

Please can you tell me if you can still go to Canada whilst my wifes application is still in process, we have been accepted by the federal government, but now its in the hand of Quebec. My wife is british and son is canadian. Please any help is appreciated as my job contract shortly runs out.

 

[thaiguy]

You didn't say where you were from.

 

[Big Daddy]

Sorry I am canadian born in Montreal but residing in Greece, as I have dual nationality

 

[Gotchaa]

What I could gather from your notes is that your wife is an applicant for PR and you both are living in Greece at the moment. If this is the case, then I am afraid they will not give temporary visa to you wife for visiting Canada. You cand you son can go to Canada without any problem. I hope this helps.

 

[PMM]

Hi

What I could gather from your notes is that your wife is an applicant for PR and you both are living in Greece at the moment. If this is the case, then I am afraid they will not give temporary visa to you wife for visiting Canada. You cand you son can go to Canada without any problem. I hope this helps.

\

If the OPs spouse is a UK citizen, then she doesn't require a visitor visa for Canada. There is nothing stopping her from coming for a visit as long as she mentions that she has PR application in progress. She will still have to send her passport to the processing office overseas, and if an interview is required, she would have to attend it overseas.

PMM

 

[Lauryn]

hi,
i'm a little bit confused.
PMM, u are saying there's nothing that stops her to come to canada since she doesn't need a visa, and she can stay here for 6 months as a visitor, as long as she says to the officers she has an application in process.
But then in another add from last month i think, u said somebody his wife wouldn't be able to re-enter canada after leaving cause she's pretending to enter as a visitor when what she wants is to get a PR.
isn't it the same thing? i mean, this woman from the UK wants to immigrate to Canada but she has the right to enter as a visitor for a max of 6 months, right? if she says she is applying for an sponsorship, ain't they gonna tell her she can't come in??
Sorry if i didn't explain myself well... my english is still improving

 

[Gdaymate]

Hi Lauryn

I think the key word here is "re-enter" in relation to PMMs response last month. There could have been a variety of circumstances in that particular case that would have made it extremely difficult for that specific applicant to leave and re-enter Canada that are not applicable to Big Daddy's spouse. (For example, it can be extremely difficult to leave and re-enter Canada during an inland application.)

It definitely sounds like Big Daddy has filed an outside application and yes in this case his wife can enter Canada as a visitor but as PMM said, if an interview is required she will have to leave and at the least she will need to send her passport overseas (which is not always possible depending on which country you come from).

It is ultimately up to the immigration officer that you meet on the day. We've read a lot of postings where people have entered and left Canada numerous times without problems and many others where the spouse has been turned away at the border. It's always best to be very prepared with a copy of your application, proof of your intention to leave if the application is rejected and to be prepared just in case the worst happens.

Hope that helps.

 

[Frustrated Canadian]

Thought I'd add my two cents here.

My husband, applying for PR "inland" as it has been called or In-Canada as CIC refers to it as. He had to leave Canada, whilst here on a TRV (visitors visa) and has been refused a TRV to return. We are currently re-applying.

What I have learned is that the IRPA (Immigration and Refugee Protection Act) has a section that refers to Dual Intent. Essentially I take that this means that you cannot be turned down simply because you have the intention of applying for PR when you apply for a TRV. If there are other red flags or reasons then you have to look at those case by case. If you're at all interested in the IRPA check out, http://laws.justice.gc.ca/en/ShowTdm/cs/I-2.5 It's the government site that has the Act in full!

 

[PMM]

hI

Thought I'd add my two cents here.

My husband, applying for PR "inland" as it has been called or In-Canada as CIC refers to it as. He had to leave Canada, whilst here on a TRV (visitors visa) and has been refused a TRV to return. We are currently re-applying.

What I have learned is that the IRPA (Immigration and Refugee Protection Act) has a section that refers to Dual Intent. Essentially I take that this means that you cannot be turned down simply because you have the intention of applying for PR when you apply for a TRV. If there are other red flags or reasons then you have to look at those case by case. If you're at all interested in the IRPA check out, http://laws.justice.gc.ca/en/ShowTdm/cs/I-2.5 It's the government site that has the Act in full!

Actually they can, and probably will be as your spouse found out. A TRV is for a person whose intention is to visit Canada and then return home. If their intention is to remain permanently the TRV will be refused. This is the case when a person has a sponsorship application in process. Dual intent is normally when a person has an application pending usually in the skilled worker/business class their intention is to visit Canada to look for accommodation, meet with associates, but then return.

PMM

 

[Gotchaa]

I had applied for TRV before we filed our application for sponsorhip but my request for TRV was declined with a reason that I will not come back to my home country as my wife is living in Canada. I did provide a letter from my employer that I am going to USA for training for two weeks ( I have multiple US visa till 2010) and thought I will take holidays further ahead to spend sometime with wife in Canada and come back to join my office in Pakistan. My wife also sent them a letter saying that I have no intention of over staying in Canada but that was not convincing enough for them to give me visa. They advised me in the refusal letter to get immigraton under family sponsorship through my spouse, so eventually we applied and still waiting. It doesnt matter if your case is in process for immigration that they refuse you a TRV. They just refuse. No reasoning could be assigned to their decision making abilities.