In canada family class emergency question

[lanna]

Hello there,

I applied for in canada sponsorship in December 2009, and i still didn't hear any reply from the immigration, when i check the imm website, it shows that my application in process. i had a work permit and now it expires, i applied for work permit extention before the expiration of my work permit, however i got a letter from the immigration that my work permit will take more than anticipated, and my Pr and work permit will be processed in the same time.

now my question I have to go back to my country (morocco) for an emergency visit,can i apply for visitor visa and if yes, I have usa visa so i was just wondering if i can go to usa to get a visitor visa or should i just go back to my country and get it from there.

Note that i got married in canada and also i just got a baby two months ago in canada.

any suggestion please???????

 

[RobsLuv]

If you leave Canada, two things happen. First of all, because you included a work permit extension application with your inland PR ap, you benefit from "implied status" to continue working under your original work permit until they reach a decision on the first stage of assessment of your PR application - no matter how long it takes. But, if you leave Canada, you lose that implied status - so, coming back, you would not be able to work again until after first stage approval. Secondly, and possibly more importantly, there is no guarantee you will be readmitted to Canada if you leave - and if you aren't readmitted, you forfeit the inland PR application and you'd have to reapply outland and, probably, you'd have to stay outside Canada until PR was approved as well.

 

[iarblue]

I know its scarry and something has happened in your homeland but you are taking a big risk of not getting back in.I feel for you but you really shouldnt leave.As robsluv says you may not get back in and will loose all you worked for.

 

[lanna]

thanks for reply,

i called the imm call center and they told me that i can apply for visitor visa and also checked the canadian consulate in seattle website and look what i found:

Documents required for Family Class applicants (those who have been officially sponsored by family members in Canada):

Fully completed application form, Application for Temporary Resident Permit PDF* (113 kB) and all requested supporting documents. Do not leave questions unanswered. The form must be completed in block letters or typed.

Photocopies of the identification page(s) of your passport.

Two passport size photographs taken within the last six months.

Proof that the sponsorship has been submitted.

A brief history of your relationship with the sponsor.

Marriage/birth certificates supporting your relationship.

Fees

The fee for processing an application for a Temporary Resident Permit must be submitted with your application. See our Fee Schedule available on the Can-Am site.

How to apply

You may submit your complete application by mail or in person - each receives the same priority. You will NOT receive immediate consideration of your application. We will contact you when your application has reached our review stage. Processing times may be lengthy.

can anyone tell me if this apply to my case or no.

Thanls

 

[iarblue]

Yes you can apply for the visit visa.If you get the visa still does not give you automatic re-entry though.You still even with a visa and an app inside can be turned away but maybe someone with more knowledge about this can help.
So im not sure you are in Canada with your spouse and being sponsored inland.People say they have left and got back in.Its really up to you if you want to take the chance.Like i said a visit visa from in canada does not automatically give you re-entry.
Message wilson or PMM they will know for sure.

 

[canadianwoman]

i called the imm call center and they told me that i can apply for visitor visa

Yes, you can always apply, but that doesn't mean you are going to get one!
You can phone up the Canadian deputy high commission in Lagos (just to give an example) and ask if you can apply for a visitor visa, and they'll say, sure! send your money in! But I bet only 1 applicant in a 1,000 gets accepted there.

If you leave Canada when you are being sponsored inland, and can get back in, fine. But if you can't get back in, your application is dismissed.

 

[kwabena kwabena]

this is one of the disadvantage of In canada application, but from all indication u have implied status and can work, but once you live the country, ie CANADA in Upper case and go to Morroco, mmmmm coming back will have a lot of scrutiny and the chances of u being allowed back is very very slim, unless u from USA, UK or Europe, Africa?? pls stay and forget about the emergency in Morocco, well, at the end of the day too if you really deem it very necessar to go back, then the ball is in your court..

good luck but dont leave is what i will say.. 6 months already done the line, u have a few more months if case is straight forward to get approved n PR.. wait????

 

[lanna]

thanks all,

i have one more question. Let's say i went to morocco and stayed there till my application get approved (first stage approval), and they give me the work permit. is my chance of getting the visitor visa higher?

 

[rjessome]

If you apply for a TRV and follow the instructions given by the Consulate and IF they give you a visa, you will NOT have any problems leaving and re-entering Canada on that visa unless you commit some sort of crime that would make you inadmissible. By issuing the visa, CIC has ALREADY determined that they will allow you entry at the POE as long as the visa is still valid. BUT, once you leave Canada, you are no longer under implied status for your work permit as RobsLuv said. I'm assuming that the LMO that you came here on has long since expired. Are you on maternity leave?

Just my opinion but I think your best bet is to apply for the TRV as a WORKER through Seattle, advise them of EVERYTHING and include a copy of the original LMO, work permit and a cover letter explaining the nature of your emergency as well as the details and proof of the inland sponsorship. Give exact details of your travel plans along with a letter from your employer stating that your leave is approved and the job will be waiting for you when you return. Advise them that you are currently working under implied status. They may issue you a TRV as a worker and you will be issued a new work permit at the POE when you return to Canada, assuming your job is still waiting for you. Because of the downturn in the economy, CBSA agents are commonly calling employers to verify employment. If you don't have this job anymore, then the work permit is a moot point and your application should just be a normal TRV. If they refuse your application, DO NOT leave Canada unless it's absolutely necessary.

Good luck.

 

[lanna]

ok, just one more question, if for example i went to morocco and applied for the visitor visa and get refused. can i just wait in Morocco for my application to be processed or it will be dismissed, and if yes can i just transform the application from inland to outland.

thanks guys.

 

[kwabena kwabena]

why dont you stay in canada and get the process done. everyone here has given you the best shot..

ok, let me break something down to you in simple ABCD terms..

Inland application or inland applicant can only land in-land, ie may be called for an interview to land so if you are out of the country and your visitor's visa has been refused, i guess maybe your ghost will land at the interview at the local office ie, local office in canada, Dont take it as an insult...

Also let me tell you that your visa will be refused 100% hands donw if you leave canada when u have an INLAND application? be warned, You are from Africa and I guess canadianwoman has told you this.

If you go and your visa is refused, you cannot transfer inland to Outland, maybe you will have to cancel everything and apply Outland all together, and as for this one, i have no idea how it will be viewed by CIC. Good luck

Why do you want to go back to Morocco, what kind of emergency is it?? You dont have to say it but trust me and us on here, the only ppl that leave whilst PR is process inland is AMERICANS, BRITISH, some EUROPEANS and visa exempt countries whom Canada Immigration likes soo much...

I am not saying they dont like AFRICANS but our time line in processing gives you these reasons..

do you have one more question again?????? fire on?

 

[canadianwoman]

ok, just one more question, if for example i went to morocco and applied for the visitor visa and get refused. can i just wait in Morocco for my application to be processed or it will be dismissed, and if yes can i just transform the application from inland to outland.

thanks guys.

If you can't get back in to Canada, your inland sponsorship application will be dismissed; you can't change it to outland.

Try applying for the TRV or TRP from the Seattle consulate from Canada - that is, don't leave Canada to apply for it, just send your docs there. If they refuse, well, you're still in Canada, so no problem. If they give you one, you can go to Morocco under the assumption you'll be able to get back in. Usually they won't refuse you at the border. There's a slight possiblity they might, but worth the risk, since you need to go back for an emergency.