bankerguy said:
Question. with OWP, passport and Sin, can a PR applicant leave Canada (for example to go home for a few weeks for weddings, deaths in the family) etc?
For example, my situation, we have AOR but no AIP/DM, what are the chances that she wont be allowed back in the country? is it generally no problem? she's from a visa exempt country
I'm going to write up a post for this in great gory detail once we're landed and this is behind us, but my spouse is from a
non-visa exempt country with a multiple entry visa, we have left the country many times (for no period longer than 2.5 weeks) and the only time we have had an experience in secondary was when we declared dual intent on the first entry before getting married. I traveled on business several times last year and had the privilege to take my spouse with me on the company account.
We have always crossed the border together, and I believe that has been a big help getting back in. We have probably pushed our luck as far as anyone would want to, but I would highly recommend that you travel together, and you carry all the documents you can think of that would help to show the officer that the application is in process and you are legally married. I carry our marriage certificate (we were married in Canada), a copy of our PR application, our AOR letter, receipts for payment to Vegreville, a retainer letter from our lawyer, and now we will be taking the OWP and SIN number with us. I have been asked once to show proof that the application is in process and our AOR letter did the trick (more below).
When re-entering, the situation with the customs/immigration form can be confusing. I have tried 2 different approaches detailed below.
The first is to put both of our names on the same card with the same address, and to fill in both the resident (How many days have you been outside of Canada?) and visitor (How many days do you intend to stay in Canada?... we put 180) questions at the bottom of the form.
The second was to put both of us down as residents (after seeing that they normally check off the "R" at the top of the form after filling it out using the previous method). This was not a good move which invited additional questioning and a stern reminder that my spouse is not yet a permanent resident of Canada. We were asked to show proof that the application was in process and after showing the AOR letter we were let through.
The first approach worked fine multiple times, the only question that came up repeatedly was "where are you working?" to which my spouse replied, "I'm not working, I'm not allowed to". One time, when trying the first approach, one of the officers told us that my spouse does not yet have PR, and therefore cannot reside in Canada and thus cannot use the same address as me (even though this is one of the requirements of the Inland class, but I wisely chose not to pick a fight here). We had to fill out 2 new declaration cards, mine using our current address and my spouse's using an old address in South America (even though that apartment is long gone) and we were let through.
I think that as long as you travel together, and your spouse understands that in the eyes of the law he or she is a visitor to Canada until receiving PR, travel abroad for short periods of time is not excessively risky. However, it's never a sure thing so please do exercise caution.
I hope this is helpful.
_GFDVCA