Inland and wanting to go on holiday

[volkov]

It's not CIC that would be the one to deny re-entry...it would be CBSA.

There's no reason to call CBSA, because the only person that is guaranteed to be admitted into Canada, are citizens and permanent residents.

and the border people can be the most unpredictable..... from the most stressful experience ever one time, and the most pleasant the next, you absolutely never know what to expect

 

[Aquakitty]

Is there any rule against applying for a visitor visa while inside Canada with the OWP? Doesn't the OWP supercede the visitor's visa (in the case of the Indian poster)?

As for the Irish OP, I think you will be fine to go visit your family. I've read on here of many people who didn't have a clue about the risks and just went on vacation with no problems. When you tell the border you have a PR in process they are usually more lenient with visa-exempt persons. Really, there isn't a lot of risk as you will still get your PR faster if you withdrew and applied outland. The only downside is redoing all that paperwork.

 

[Ponga]

Take a look at this:
http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf

See page 78, where you'll see:

A person’s desire to await the outcome of an application for permanent residence from
within Canada may be legitimate and should not automatically result in the decision to
refuse entry. A border services officer at Immigration Secondary should distinguish between
such a person and an applicant who has no intention of leaving Canada if the application is
refused.

This seems to suggest that whenever possible, the foreign national should be allowed to enter/re-enter Canada, but...who knows how much
credence this really has.

 

[JamesBox]

Everyone is (kind of) correct by saying don't leave... as yes the visa/permit says does not authorise reentry.

People may disagree with me but this means this visa/permit alone does not guarantee reentry - you still need to have a passport, not be carrying drugs, not have a criminal record/be a wanted person.

I've reentered multiple times on an IEC visa - which also says does not guarantee reentry. And each time got through faster than my Canadian partner.

If I had a OWP or an IEC work permit, I'd happily leave and not worry about not getting back in. I'd say all the Brits and Aussies living in BC on IEC visas would back me up too.

BUT, it's your application, your risk.

 

[Ponga]

Everyone is (kind of) correct by saying don't leave... as yes the visa/permit says does not authorise reentry.

People may disagree with me but this means this visa/permit alone does not guarantee reentry - you still need to have a passport, not be carrying drugs, not have a criminal record/be a wanted person.

I've reentered multiple times on an IEC visa - which also says does not guarantee reentry. And each time got through faster than my Canadian partner.

If I had a OWP or an IEC work permit, I'd happily leave and not worry about not getting back in. I'd say all the Brits and Aussies living in BC on IEC visas would back me up too.

BUT, it's your application, your risk.

I agree, in principle, but in the eyes of the CBSA officer, the foreign national must be able to convince him/her that if the sponsorship application is denied, the applicant will leave Canada voluntarily. That's the whole point of Dual Intent.

 

[volkov]

I agree, in principle, but in the eyes of the CBSA officer, the foreign national must be able to convince him/her that if the sponsorship application is denied, the applicant will leave Canada voluntarily. That's the whole point of Dual Intent.

...in other words, being in love with your sponsor could be reason for denial according to that train of thought, unless you can also convince the officer that your sponsor will be willing to leave his homeland of Canada to live with you overseas if your application is denied

 

[Ponga]

...in other words, being in love with your sponsor could be reason for denial according to that train of thought, unless you can also convince the officer that your sponsor will be willing to leave his homeland of Canada to live with you overseas if your application is denied

For an Inland applicant, having sponsor approval and AIP add a lot of value when being assessed by CBSA. This is because they know that there's [now] a high likelihood of approval, because the only thing left for CIC to determine is admissibility (medical, security and criminal). Since CBSA can see two of the three of these in their system (in Secondary Inspection), it would only help the applicant.

With the regular OWP, it means that the applicant has received AIP, but the new Pilot OWP is basically automatically sent simply because of the Inland application. IMO, it carries little weight.

 

[cyclist]

I want to understand it clearly.

Is the person who applied for PR is at risk to re-enter Canada because of his application(even though work permit and multiple entry visa are held)?

Can the person who has re-entry visa and work permit re-enter without any risk of being denied(no PR application)?

 

[Granger]

I am so sorry that you cannot visit your mother. My immigration councelor has old me if anything happened to my family in Ireland that you can leave with permission and return. I don't know how to get said permission but I advise you to ask an immigration councelor , they are much cheaper and specialist in this.
I have talked to many friends (Irish and English) who have left canada and returned on their inland visa and received Pr after.
In fact, everyone who has said that they have left has told me they got back in fine.
However my lawyer has said it's very possible to leave and return and receive PR but it is a risk that my application will be denied.
I was also told short leaves are safer .

 

[Rob_TO]

Can the person who has re-entry visa and work permit re-enter without any risk of being denied(no PR application)?

There is always a risk of being denied entry. Only Canadian citizens and PRs are guaranteed entry to Canada. No visitor, student or worker is ever guranteed entry no matter what status or visas they happen to have. Of course the chance of being denied entry if you have all the correct documents is very small, but it's still a risk nonetheless.

I am so sorry that you cannot visit your mother. My immigration councelor has old me if anything happened to my family in Ireland that you can leave with permission and return. I don't know how to get said permission but I advise you to ask an immigration councelor , they are much cheaper and specialist in this.

That councilor you talked to is completely 100% wrong. There is no such thing as "permission" to leave and return. No matter what your reason is, if you leave Canada it will be entirely up to the individual CBSA officer you encounter upon returning, if you are allowed re-entry of not. If you are not a citizen or PR, there is no such document in existence that will guarantee entry into Canada.

Many people have successfully left and re-entered Canada with an inland app in progress and had no problems, because vast majority of times visa-exempt travelers or those with valid visas, have no issue entering Canada. It's the 1 in a thousand chance though that a CBSA officer will take exception to you and give you trouble and if they deny you your inland application is cancelled. Incredibly small risk in most cases, but definitely never a guarantee. People need to know this before they decide to leave Canada with an inland app in progress.

 

[pedropil]

All people here (Inland applicants) in Canada follows the Law/Rules and based on that it is ok to travel outside Canada while your inland application is in process. By the Law it is ok. I think the CIC should do is to give some re-entry passage for the people in this kind of situation. Just like in the US. https://www.uscis.gov/i-131 just to make sure that inland applicant will be accepted without a problem. I hope this one includes in their immigration plans on this new trudeau government.

 

[km9203]

All people here (Inland applicants) in Canada follows the Law/Rules and based on that it is ok to travel outside Canada while your inland application is in process. By the Law it is ok. I think the CIC should do is to give some re-entry passage for the people in this kind of situation. Just like in the US. https://www.uscis.gov/i-131 just to make sure that inland applicant will be accepted without a problem. I hope this one includes in their immigration plans on this new trudeau government.

Of course by law it's allowed but it ultimately is at the officer's discretion. you don't have to do anything wrong to be denied, the officer might have had a long crappy day and just be in a bad mood and think you won't leave Canada if denied. There's no guarantee that someone with an app in can re-enter.

 

[pedropil]

Of course by law it's allowed but it ultimately is at the officer's discretion. you don't have to do anything wrong to be denied, the officer might have had a long crappy day and just be in a bad mood and think you won't leave Canada if denied. There's no guarantee that someone with an app in can re-enter.

Yes i totally get that. But what im saying they should have re-entry passage program for the people with inland application that will give a 100% re-entry in canada as long as they have a good record. Hoping this one is to be part of their plans in changing immigration process.

 

[mikeymyke]

Yes i totally get that. But what im saying they should have re-entry passage program for the people with inland application that will give a 100% re-entry in canada as long as they have a good record. Hoping this one is to be part of their plans in changing immigration process.

I dont agree that there should be such a reentry program because staying with your spouse in Canada was part of the deal with applying inland. These people have the benefit of being able to remain w their spouse and also work under an OWP, which is something most outlanders dont get to have especially if they were refused a visitor visa. These people signed an agreement that they will remain in Canada during inland processing, they should really honor that agreement. If the ability to leave Canada is important, shouldve applied outland

 

[pedropil]

Of course. Reentry program with restrictions. Must be travel with their sponsor and for the length of two weeks.