Inland Application - Can he travel while waiting for the application to process?

[dominokitty]

My husband (Austrian) and I (Canadian) are just finishing our application and trying to decide if we should go inland or outland. I'm currently living in Canada and he is living in Austria.

With the new changes to the inland applications (open work permit after 4 months) that option is looking a lot more attractive than it was a few months ago when we started working on our application. We just want to close the gap between us as soon as possible and get him here and working ASAP. Having him here and unable to work for a year and a half just wasn't an option - I'm a student and there's no way I could afford to support both of us financially for that long with a part time job.

Anyway, we have a few concerns with the inland application. Is he allowed to leave Canada for a vacation or to visit family or anything during the application process? What happens if he has a family emergency (for example his grandmother is in poor health right now) and has to return to Austria for a funeral or something? Does his implied status carry over when he tries to come back home to Canada? How does that work?

Also, since he gets a 6 month visitor visa automatically when he comes to Canada, does he have to tell the border agent that he intends on applying for permanent residency while he is here? Wouldn't they refuse him entry to Canada for that? It almost seems like this system encourages people to lie about the reason for their stay, which isn't good...

 

[MilesAway]

You are not supposed to leave with an inland application. If he is refused entry for whatever reason, then his application will be deemed abandoned.

The length of the stay that he is granted is up to the border officer. If he isn't told otherwise, then yes, he gets 6 months, which he can extend later.

If he applies outland, he can still be in Canada, and he can travel without worries of his application being refused if he is refused entry, or if he has to leave for an extended period of time.

Does your husband qualify for an IEC/working holiday visa?

 

[dominokitty]

You are not supposed to leave with an inland application. If he is refused entry for whatever reason, then his application will be deemed abandoned.

The length of the stay that he is granted is up to the border officer. If he isn't told otherwise, then yes, he gets 6 months, which he can extend later.

If he applies outland, he can still be in Canada, and he can travel without worries of his application being refused if he is refused entry, or if he has to leave for an extended period of time.

Does your husband qualify for an IEC/working holiday visa?

No, unfortunately not Austria doesn't have a working holiday agreement with Canada, and he can't get a work visa otherwise because he isn't what CIC would consider a "skilled worker". I feel like they should offer open work permits to outland applicants as well.

It doesn't seem fair to have to decide: apply inland and start working but be unable to visit your other family members outside of Canada for any reason including emergencies, or apply outland and live in long-distance limbo with your spouse for an indefinite amount of time (therefore no house, no family, nothing..), unable to work in Canada... I hope there is some other option that I'm not seeing..

I'm just preaching to the choir, of course. We all know how much this process sucks. I just want to get our lives started already..

 

[brucem]

No, unfortunately not Austria doesn't have a working holiday agreement with Canada, and he can't get a work visa otherwise because he isn't what CIC would consider a "skilled worker". I feel like they should offer open work permits to outland applicants as well.

It doesn't seem fair to have to decide: apply inland and start working but be unable to visit your other family members outside of Canada for any reason including emergencies, or apply outland and live in long-distance limbo with your spouse for an indefinite amount of time (therefore no house, no family, nothing..), unable to work in Canada... I hope there is some other option that I'm not seeing..

I'm just preaching to the choir, of course. We all know how much this process sucks. I just want to get our lives started already..

From reading a lot of posts from various different people on the forum there is much debate on this issue however, some with inland applications frequently leave Canada for short periods and then return without any problems. I remember one member who described leaving 3-4 times without any problems coming back into Canada. However, there is always a risk...for whatever reason that he could be refused at a port of entry and therefore the app would be cancelled. I think this is more of a risk relating to those who require visas to enter Canada. As I believe Austria is a visa exempt country the risk may be slightly lower. It is a tough decision to make with the possibility of much earlier work permits for inland applications now.

 

[Jamesdavid3]

Its stupid, we should be allowed to travel out of Canada if we really want too.

I have missed several Vacations and urgent issues back at home in the UK because of this stupid mess with the processing times as its taking 5x longer to get processed. (2 years total for PR card for inland)

I don't see the big issue if I go back home for a week or two and come back or even go on Vacation, its not like the boarder officer is going to think anything has happened..

so annoying....

Maybe when I get my Open Work Permit with this new rule I will travel in and out of Canada then at least I can show the boarder control my Open Work Permit.

 

[scylla]

Maybe when I get my Open Work Permit with this new rule I will travel in and out of Canada then at least I can show the boarder control my Open Work Permit.

FYI - once you get the OWP, it will have the following written on it: "Does not authorize re-entry".

So you can certainly show it to border control - but the OWP is not a document that gives you entry into Canada.

 

[Jamesdavid3]

FYI - once you get the OWP, it will have the following written on it: "Does not authorize re-entry".

So you can certainly show it to border control - but the OWP is not a document that gives you entry into Canada.

God that is so ridiculous and frustrating.

I remember my IEC visa and everyone's else had the warning "Does not authorize re-entry" but everyone still seemed to come and go without any issues

 

[brucem]

God that is so ridiculous and frustrating.

I remember my IEC visa and everyone's else had the warning "Does not authorize re-entry" but everyone still seemed to come and go without any issues

I think you are in more of a unique situation James given your circumstances as you might find trouble coming back into the country at the present time ...but thats another well tread debate. I think this issue about inland applicants not being able to leave is somewhat overblown. It seems more that there is no guarantee of re-entry becuase that person may have breached any number of requirements such as failing to declare money, duty free or keeping a valid status etc etc and those who require a visa to enter Canada who may attract greater scrutiny.

 

[28january]

speaking from my personal experienceI have left by air and by land, with and without my partner and I have been fine. I am not visa exempt, but hold a multiple entry visa. I also have a friend who is Visa exempt, been in and out of the country multiple times a year with and without his partner, and hes still fine too. There's always a chance that you will get rejected, so it's up to you in the end. I do get very nervous every single time across the border though.

 

[Ponga]

I think you are in more of a unique situation James given your circumstances as you might find trouble coming back into the country at the present time ...but thats another well tread debate. I think this issue about inland applicants not being able to leave is somewhat overblown. It seems more that there is no guarantee of re-entry becuase that person may have breached any number of requirements such as failing to declare money, duty free or keeping a valid status etc etc and those who require a visa to enter Canada who may attract greater scrutiny.

I agree.

CBSA undoubtedly knows that his previous WP has long expired and even with the `hope' that he is still working under implied status (which has been greatly debated), that is NOT a conversation that I would want to have with CBSA when trying to re-enter! My advice would be to stay put until the CoPR is in hand (at least).

 

[dominokitty]

Thank you all so much for your replies! I do have one more question though - since his automatic visitor visa is for 6 months, does that mean we will have to renew it after sending the application in? I have been reading about implied status but I'm unclear about what that means exactly.

He is normally allowed to stay in Canada for 6 months out of every 12 month period. If he comes on a visitor visa and we apply inland with the OWP, he is granted implied status, correct? So if he has to return to Austria to visit his sick grandmother, but has already been in Canada for longer than six months, does his implied status carry over when he returns? Will the whole staying longer than 6 months thing affect the immigration officer's decision to let him back into Canada if he was staying legally under implied status? Does he need to get a new 6 month visitor visa? How does that work??

I hope that makes sense.. haha..

 

[brucem]

Thank you all so much for your replies! I do have one more question though - since his automatic visitor visa is for 6 months, does that mean we will have to renew it after sending the application in? I have been reading about implied status but I'm unclear about what that means exactly.

He is normally allowed to stay in Canada for 6 months out of every 12 month period. If he comes on a visitor visa and we apply inland with the OWP, he is granted implied status, correct? So if he has to return to Austria to visit his sick grandmother, but has already been in Canada for longer than six months, does his implied status carry over when he returns? Will the whole staying longer than 6 months thing affect the immigration officer's decision to let him back into Canada if he was staying legally under implied status? Does he need to get a new 6 month visitor visa? How does that work??

I hope that makes sense.. haha..

When he arrives in Canada it is not an automatic 6 month visitor visa. It Is dependent on the CBSA agent you deal with. Generally speaking if there are no hiccups he will get a six month visa but remember if you or him mention 'living' in Canada that may cause you problems as until you apply inland and he receives his work permit (if I'm correct with this new system) he is simply a visitor to Canada. Turning up at a port of entry with all his worldly goods, no PR application made there is a very small chance the CBSA agent could deny him entry or restrict the visa to a few weeks or months if they suspect your husband will overstay. If he does get six months and depending on how long it takes you to complete the application, and for him to receive the work permit you may have to renew his visitor visa so that he maintains legal status in Canada. You can do this online and it costs $100. You do not have implied status on a visitor visa or with a submitted inland application. Once he receives his work permit he could return home to Austria for short periods but again that's at his own risk...per the discussions above. The work permit does not guarantee re-entry to Canada.

Hopefully Ponga can correct me if I've missed anything there.

 

[Ponga]

Thank you all so much for your replies! I do have one more question though - since his automatic visitor visa is for 6 months, does that mean we will have to renew it after sending the application in? I have been reading about implied status but I'm unclear about what that means exactly.

He is normally allowed to stay in Canada for 6 months out of every 12 month period. If he comes on a visitor visa and we apply inland with the OWP, he is granted implied status, correct? So if he has to return to Austria to visit his sick grandmother, but has already been in Canada for longer than six months, does his implied status carry over when he returns? Will the whole staying longer than 6 months thing affect the immigration officer's decision to let him back into Canada if he was staying legally under implied status? Does he need to get a new 6 month visitor visa? How does that work??

I hope that makes sense.. haha..

A 6 month visit is NEVER guaranteed. That's the maximum amount of time that a person from a visa-exempt country is eligible for, but it is ALWAYS the discretion of the CBSA officer that determines the duration of a visit to Canada.

If he applies for PR and includes an OWP while his status is still valid, he will have implied status. The new pilot program by CIC, offering an OWP after AOR seems to indicate that a person with implied status is eligible, but I can't guarantee that. You'll need to ask around [here].

If he leaves Canada, his implied status ends the minute he crosses the border.


Good luck!

 

[dominokitty]

A 6 month visit is NEVER guaranteed. That's the maximum amount of time that a person from a visa-exempt country is eligible for, but it is ALWAYS the discretion of the CBSA officer that determines the duration of a visit to Canada.

If he applies for PR and includes an OWP while his status is still valid, he will have implied status. The new pilot program by CIC, offering an OWP after AOR seems to indicate that a person with implied status is eligible, but I can't guarantee that. You'll need to ask around [here].

If he leaves Canada, his implied status ends the minute he crosses the border.


Good luck!

Huh. That's something new I had never heard of.. now I'm a little concerned that he may have accidentally overstayed before... The way I understood it was that it was a maximum 6 months in a 12 month period.. If he had overstayed somehow they would have mentioned it when he returned to Canada, wouldn't they? Is there something on the passport stamp that would indicate how long his visitor visa was good for?

He has been taken aside twice and asked questions about his intended stay in Canada, but they always let him through. Once because he had been back and forth to Canada for a couple of long visits (2-3 months) in a relatively short period of time, they were just making sure he hadn't exceeded the 6 month limit but it took about half an hour and they asked other financial questions and things before letting him through. This was before we were married.

The second time it was because he told them he was in Canada to get married to me, but the lady literally said, "I have no idea why they sent you here, congratulations and good luck!" and sent him on his way 5 minutes later... so I don't think that was a big deal. I mean, he had his family here and they had already cleared customs soooo....

Ah, I am kind of freaking out here. How can I figure out if he has ever accidentally overstayed? How would we deal with that in our application?

We were careful to make sure he was never here for more than 6 months in every 12 month period.. but is that per year or just in the 12 months preceding his entry? I thought it was in the 12 months before the most recent visitor visa..? He's never stayed for 6 months straight before (that would be heaven!! 6 months together in the same country!!), the max was 3 months at a time I believe, does that make a difference? What if they only gave him a 2 month visa and we didn't realize and he ended up staying for 3.. augghhh... He has always had his return flights booked before coming to Canada (and showed them to border control when he was asked), but we did extend his stay once by 3 weeks by rebooking the return flight without checking with anyone (because we thought the 6 months was guaranteed)..

Sorry for the wall of text I'm just a little stressed now if you can't tell, haha.. Trying to give as much information as possible.

 

[Kayaker]

If he was given less than 6 months, it would have been stamped on his passport. If nothing was mentioned, if there are no stamps with end dates, then it's 6 months by default. (If they just stamped the date of entry and nothing else, it's 6 months.)