INLAND APPLICATIONS 2014

[computergeek]

Inlanders can certainly travel as well. The risk lies in the off chance the officer doesn't let you in the country (as could happen with any visa-exempt visitor, although it would be very, very rare), because that would automatically mean your application is cancelled. It's just a risk most are not willing to take (including myself), even though the officer would have to have a very important reason to deny entry.

The application is not "automatically cancelled".

The general rule for PR applications is that they must be made to a visa office outside Canada. There are, however, some exceptions. The "spouse/partner in Canada class" is one of the exceptions. To qualify for PR in this class, the applicant must be living in Canada with the sponsor. Eventually, CIC will approve the application and schedule the landing interview - inside Canada. If the applicant is not able to attend that interview because they are not in Canada they fail to meet the statutory requirement and CIC will refuse the application.

Note that a determination you are inadmissible may be challenged (in Federal Court). Knowing this, CBSA will actually ask that you sign a statement that you "voluntarily choose not to enter Canada." If you sign this, you cannot appeal (because it was a voluntary decision). I suspect this is of dubious value (CBSA still treats it as a refusal). But faced with that situation it's better to insist that CBSA write an A44(1) report - this would explain the basis for the refusal and can be used to challenge it.

US citizen applicants in this position have the unique option to apply on the spot for a "temporary resident permit" (See OP 20, Section 5.15, "early admission"). While discretionary, if granted it overcomes inadmissibility.

While other applicants can request a TRP to overcome the finding of inadmissibility, it must be done via a visa office abroad.

Note: for someone who has a valid work or study document and has only been to the US or St. Pierre et Miquelon, they must be permitted to re-enter Canada. R190(3)(f)

R190 (3) A foreign national is exempt from the requirement to obtain a temporary resident visa if they are seeking to enter and remain in Canada solely

(f) to re-enter Canada following a visit solely to the United States or St. Pierre and Miquelon, if they
(i) held a study permit or a work permit that was issued before they left Canada on such a visit or were authorized to enter and remain in Canada as a temporary resident, and
(ii) return to Canada by the end of the period initially authorized for their stay or any extension to it;

 

[beholder69]

The application is not "automatically cancelled".

The general rule for PR applications is that they must be made to a visa office outside Canada. There are, however, some exceptions. The "spouse/partner in Canada class" is one of the exceptions. To qualify for PR in this class, the applicant must be living in Canada with the sponsor. Eventually, CIC will approve the application and schedule the landing interview - inside Canada. If the applicant is not able to attend that interview because they are not in Canada they fail to meet the statutory requirement and CIC will refuse the application.

With this logic though, if someone gets refused at the border (always talking about visa-exempt cases), they could try entering again in a few days and so on. Although this is mostly theoretical, as in order to get refused entry completely, there should be a quite important reason and most likely that reason would still exist afterwards.

 

[Kieath]

Hello, I wanted to ask for people to share their personal experiences regarding processing times.

I submitted an application for my wife on or around 18 July 2014. To this day, we have yet to receive an AOR. We sent the parcel via Canada Post and the package was recorded as having been successfully delivered a few days thereafter. We have both been checking our email accounts and haven't gotten anything to acknowledge that our application is in CIC hands.

Does it normally take more than two [2] months for the CIC to simply say that they have received a package?

If not, how would one suggest we try to follow up? We do not have any kind of identification # that they could use to run a check on system.

Your guidance is most appreciated!

Did you include an email when you sent your application? If so, I'd double check the sponsor's email as a lot of people seem to note that it went there instead of the applicants

If you didn't include an email, you won't get an AOR (according to several calls we made to the CIC, which seems to be holding true as we still have no sight of an AOR but can log into E-cas fine with no problem). It might be worth a call seeing that a few people have been able to get a case number by using their UCI or receipt number. We had no luck with the call centre, and it still isn't attached to our receipt number oddly enough, but nonetheless everything seems to be there. You might have to hold on and wait for e-cas int that case.

I'd also call them if you did include an email (others might be able to advise better than me), just in case they have the wrong email address, which you would really want to clear up. Although I'm not sure if they can do that through the call centre.

 

[CMLR]

Canusa, I have crossed the border more than once after applying. We did not know that it was considered unwise to do so the first time and the other times were family things that were planned before we applied. I was worried as you may be after finding this forum and reading that people who apply inland should never leave while their application is in process. I have gone into the USA, I am a US citizen, both with and without my husband. When going alone I let them know that I was in the process of trying to become a PR I also always bring with me a copy of our entire application as well as my visitor extension to show proof if needed. I have only had them look more closely at my visitor extension and then they only asked me if I knew when it expired, which of course I did. When I traveled with my husband I have had no questions asked at all, he even said he has had less questions asked at the border when I am with him than he ever did when crossing alone. Since I was worried about crossing after applying I asked our immigration consultant and was told that there is no more chance of being denied after applying than I had before but she did suggest having copies of all documents. I am out of Canada right now and will be heading back in a few days this time bringing a puppy with me so I figure I will be asked more questions but again I have everything with me and will also have all the pup's documents. This is my last time out of the country until my PR is complete so I hope all goes well.

 

[Smsm81]

hi smsm1 did u applied last may?

CIC received my app May 2end.

 

[Smsm81]

The application has not been reviewed by an officer yet.

It means that if you have an interview, it will be in English.

There are outstanding fees to be paid. I suspect they will find no cost recovery is necessary, but you will have to pay the RPRF before they will issue your Confirmation of Permanent Residence.

This suggests that either (a) it's you and two dependents; or (b) you're counting the sponsor, while CIC does not. If (a) then you need to fix that with CIC. If (b) then that's what I'd expect to see.

So it looks like this is pre-sponsor approval. That basically means they haven't done anything. If you included the receipt, it suggests nobody has bothered to log it in to your file yet. Medicals are transferred manually, so it can take a while.

So your application is "in process" but has not been transferred to a specific visa officer yet (it is in "the registry" - which seems to be their euphemism for "slush pile")

THANKS computergeek . That's really nice that you still here helping us even so you already done your paperwork.

 

[randhawa_a]

I applied for my visa extension. I sent my application on 28 august nd i didnt heared anything from cic, no email no confirmation. My visa is expiring in 8 days on 30 sept. Someone please can you tell me how many days i have to wait for it. it is dangerous or not to live after my visa expires.

 

[virk1129]

I applied for my visa extension. I sent my application on 28 august nd i didnt heared anything from cic, no email no confirmation. My visa is expiring in 8 days on 30 sept. Someone please can you tell me how many days i have to wait for it. it is dangerous or not to live after my visa expires.

No its ok.. U r safe..u have implied status..they wont email u..if u have a visitor visa..u ll recieve it in mail..

 

[Elena78]

Has anyone travelled overseas while waiting for their inland PR application to be approved?
Especially from Visa exempt countries.
Just wondering I am curious about people's experiences.

 

[vik999]

Any progress on AIP? Has anyone got Approval in principle for 2014 applicants.

 

[canusa2014]

Canusa, I have crossed the border more than once after applying. We did not know that it was considered unwise to do so the first time and the other times were family things that were planned before we applied. I was worried as you may be after finding this forum and reading that people who apply inland should never leave while their application is in process. I have gone into the USA, I am a US citizen, both with and without my husband. When going alone I let them know that I was in the process of trying to become a PR I also always bring with me a copy of our entire application as well as my visitor extension to show proof if needed. I have only had them look more closely at my visitor extension and then they only asked me if I knew when it expired, which of course I did. When I traveled with my husband I have had no questions asked at all, he even said he has had less questions asked at the border when I am with him than he ever did when crossing alone. Since I was worried about crossing after applying I asked our immigration consultant and was told that there is no more chance of being denied after applying than I had before but she did suggest having copies of all documents. I am out of Canada right now and will be heading back in a few days this time bringing a puppy with me so I figure I will be asked more questions but again I have everything with me and will also have all the pup's documents. This is my last time out of the country until my PR is complete so I hope all goes well.

Thank you for your reply! Did they issue you a new visitor record or did they allow you to keep the one you had? Did you go via airplane or car? Hope all goes well coming back into Canada!

 

[Jamesdavid3]

Jesus Christ, how are they still possibly on July 30th 2013, its been weeks...... are they doing ANYTHING AT ALL....

 

[MissRepresentation]

Jesus Christ, how are they still possibly on July 30th 2013, its been weeks...... are they doing ANYTHING AT ALL....

Three options that I can think of:

A- Scratching their balls
B- Scratching their balls AND attempting to work on outland apps instead
C- Actually working but not bothering to update the website

 

[CMLR]

Canusa, They did not give a new visitor extension, I assume it is because they charge for them. I have crossed by car from Washington State to mainland BC and I have crossed by car and walk-on using a ferry. We are on Vancouver Island so ferry to Washington is the easiest for us unless we go visit my in-laws first then we cross by car.

 

[canusa2014]

Canusa, They did not give a new visitor extension, I assume it is because they charge for them. I have crossed by car from Washington State to mainland BC and I have crossed by car and walk-on using a ferry. We are on Vancouver Island so ferry to Washington is the easiest for us unless we go visit my in-laws first then we cross by car.

I am from Washington, too, near Seattle! I am now in Central Alberta, and so if we decide to go during the winter months, we would fly, but if we wait until next summer, we would drive. My husband has 3 children (his first wife died in 2009), so we don't want to risk any more trauma/drama to the girls by having me refused entry! I haven't seen most of my family in over a year now and the girls keep asking to visit their cousins (my nieces and nephew) in Seattle. Our girls lost their brother to cancer in 2008 and then lost their birth mom to cancer less than a year later. As you can probably imagine, the thought of putting them through another loss and disruption to the home, albeit a temporary one, is the last thing we want to do to them. I am now waiting on another visitor record as my current status expires at the end of October, so we aren't planning a trip anytime soon, but I am trying to gather as much information as I can so my husband and I can make an informed decision. Thanks again for your reply and for sharing your experiences!