INLAND APPLICATIONS 2015

[Ponga]

...Notwithstanding the information at the following 2 links, which are in regards to your 'in progress' Permanent Residence application. While you do have a valid passport, valid work permit, etc.. a border officer could question you further, and wonder what you would do if your Permanent Residence application was denied. If you have no money, and nowhere to live in your home country, they could choose to deny you. The links below are written more as a guide for the border agents, but I found these links particularly helpful in understanding their perspective.

My wife recently came back from home (I posted her experience earlier today) and I was worried about her ability to cross the border. As a result of my research, and these links, I suggested she bring some recent mail from Ireland back to Canada with her, as I thought that would be pretty good proof of ties to Ireland if she REALLY got questioned. She had bank statements etc.. at the home that is still available to her in Ireland if PR was denied. None of that was necessary at all, but was good to be informed and prepared.

http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp (a link at the bottom of this page labeled 'permanent residence in progress' leads to the second link
http://www.cic.gc.ca/english/resources/tools/temp/visa/processing/pr.asp

Sorry for all the responses! I just spent a lot of time recently investigating this, and found the info in many different places. Thought it wouldn't hurt to put it all here for everyone's benefit (and/or further discussion)

To further elaborate on the Dual Intent issue:

Temporary residence status might be refused for several reasons, including:

history of having contravened the conditions of admission on a previous stay in Canada;
lack of or insufficient proof of adequate funds to support oneself while in Canada, and to affect one’s departure from Canada;
medical inadmissibility;
not satisfying the visa officer that the individual will leave Canada at the end of their period of authorized stay.


That last part is where the real danger lies (IMHO), because if the CBSA officer suspects/doubts that s/he wouldn't leave, if PR is denied, s/he could have a problem.
Some people (myself included) feel that a person that has submitted a PR application may have a bit more trouble, simply because the CBSA officer now knows that the person truly has dual intentions for entering Canada, unlike a person simply entering as a visitor.


Now...here's what they [CIC] say about an Inland applicant that chooses to leave Canada temporarily:


Temporary residence applicants with in-Canada applications for permanent residence in progress
This section contains policy, procedures and guidance used by CIC staff. It is posted on the CIC website as a courtesy to stakeholders.

The Immigration and Refugee Protection Act and its regulations permit certain foreign nationals to apply for permanent residence from within Canada. Given that processing times for in-Canada applications can be lengthy, in some instances, an applicant may voluntarily and temporarily leave Canada during the processing of their application.

Has an approval in principle been granted?

When processing applications for temporary resident visas for foreign nationals with an application for permanent residence in Canada in progress, take into consideration whether approval in principle (first-stage approval) has been granted. It is consistent with IRPA, and in the best interests of both CIC and the applicant, to facilitate the re-entry of these applicants as temporary residents in order to continue processing their application for permanent residence from within Canada.

Note: Officers should note that issuing a temporary resident visa to facilitate return will permit these applicants to be granted permanent residence from within Canada. A temporary resident permit will not.


So, it sounds like they are encouraging CBSA to allow re-entry, right? However, there's no way of knowing if this really does have any weight, because it simply comes down to the individual CBSA officer and (sometimes) their mood.

 

[riz.1]

To further elaborate on the Dual Intent issue:

Temporary residence status might be refused for several reasons, including:

history of having contravened the conditions of admission on a previous stay in Canada;
lack of or insufficient proof of adequate funds to support oneself while in Canada, and to affect one’s departure from Canada;
medical inadmissibility;
not satisfying the visa officer that the individual will leave Canada at the end of their period of authorized stay.


That last part is where the real danger lies (IMHO), because if the CBSA officer suspects/doubts that s/he wouldn't leave, if PR is denied, s/he could have a problem.
Some people (myself included) feel that a person that has submitted a PR application may have a bit more trouble, simply because the CBSA officer now knows that the person truly has dual intentions for entering Canada, unlike a person simply entering as a visitor.


Now...here's what they [CIC] say about an Inland applicant that chooses to leave Canada temporarily:


Temporary residence applicants with in-Canada applications for permanent residence in progress
This section contains policy, procedures and guidance used by CIC staff. It is posted on the CIC website as a courtesy to stakeholders.

The Immigration and Refugee Protection Act and its regulations permit certain foreign nationals to apply for permanent residence from within Canada. Given that processing times for in-Canada applications can be lengthy, in some instances, an applicant may voluntarily and temporarily leave Canada during the processing of their application.

Has an approval in principle been granted?

When processing applications for temporary resident visas for foreign nationals with an application for permanent residence in Canada in progress, take into consideration whether approval in principle (first-stage approval) has been granted. It is consistent with IRPA, and in the best interests of both CIC and the applicant, to facilitate the re-entry of these applicants as temporary residents in order to continue processing their application for permanent residence from within Canada.

Note: Officers should note that issuing a temporary resident visa to facilitate return will permit these applicants to be granted permanent residence from within Canada. A temporary resident permit will not.


So, it sounds like they are encouraging CBSA to allow re-entry, right? However, there's no way of knowing if this really does have any weight, because it simply comes down to the individual CBSA officer and (sometimes) their mood.

Great piece of info for people like me. Your in-depth reply elaborated many aspects i wasn't even thinking of. Guess i ll have to stop thinking about going holidays abroad till i get all clear documents. Appreciate your help. Thank you

 

[Jambs]

REPOST: anyone who can help me understand my situation no OWP yet sad to say

Mine is a little bit weird Application date Nov 2. Got an email from CIC indicating my UCI and App No plus an attachment that I need to undergo the medical exam within 30 days. I checked my status online both for PR and OWP but its not in the system.

Anyone with the same situation that I have?

Thanks.

 

[Angiebaks]

I replied to your post. What is your intended occupation?? If medical line or aid worker that's why. Also how long have you been in Canada?

REPOST: anyone who can help me understand my situation no OWP yet sad to say

Mine is a little bit weird Application date Nov 2. Got an email from CIC indicating my UCI and App No plus an attachment that I need to undergo the medical exam within 30 days. I checked my status online both for PR and OWP but its not in the system.

Anyone with the same situation that I have?

Thanks.

 

[PSTSC]

To further elaborate on the Dual Intent issue:

Temporary residence status might be refused for several reasons, including:

history of having contravened the conditions of admission on a previous stay in Canada;
lack of or insufficient proof of adequate funds to support oneself while in Canada, and to affect one’s departure from Canada;
medical inadmissibility;
not satisfying the visa officer that the individual will leave Canada at the end of their period of authorized stay.


That last part is where the real danger lies (IMHO), because if the CBSA officer suspects/doubts that s/he wouldn't leave, if PR is denied, s/he could have a problem.
Some people (myself included) feel that a person that has submitted a PR application may have a bit more trouble, simply because the CBSA officer now knows that the person truly has dual intentions for entering Canada, unlike a person simply entering as a visitor.


Now...here's what they [CIC] say about an Inland applicant that chooses to leave Canada temporarily:


Temporary residence applicants with in-Canada applications for permanent residence in progress
This section contains policy, procedures and guidance used by CIC staff. It is posted on the CIC website as a courtesy to stakeholders.

The Immigration and Refugee Protection Act and its regulations permit certain foreign nationals to apply for permanent residence from within Canada. Given that processing times for in-Canada applications can be lengthy, in some instances, an applicant may voluntarily and temporarily leave Canada during the processing of their application.

Has an approval in principle been granted?

When processing applications for temporary resident visas for foreign nationals with an application for permanent residence in Canada in progress, take into consideration whether approval in principle (first-stage approval) has been granted. It is consistent with IRPA, and in the best interests of both CIC and the applicant, to facilitate the re-entry of these applicants as temporary residents in order to continue processing their application for permanent residence from within Canada.

Note: Officers should note that issuing a temporary resident visa to facilitate return will permit these applicants to be granted permanent residence from within Canada. A temporary resident permit will not.


So, it sounds like they are encouraging CBSA to allow re-entry, right? However, there's no way of knowing if this really does have any weight, because it simply comes down to the individual CBSA officer and (sometimes) their mood.

I have called CIC on a few occasions to confirm whether one can go out of the country for vacation when there's an inland sponsorship is in process
on both occasions, they indicated although nobody can prevent you from leaving the country, it's risky and is up to the CBSA agent at the time you return to Canada. From my understanding, visa officers (aka CIC) and CBSA (border services) are different "people" when we read this guide/manual and it seems this guide is for Visa officers only ... Am I right ?

 

[Jambs]

I replied to your post. What is your intended occupation?? If medical line or aid worker that's why. Also how long have you been in Canada?

Thank you for your reply but I am not in medical or aid worker and I am now 8months old in Canada.

 

[Angiebaks]

Then that makes sense. You have never done any medical exam , you could be just one of the chosen ones.

Thank you for your reply but I am not in medical or aid worker and I am now 8months old in Canada.

 

[GlenL]

I have called CIC on a few occasions to confirm whether one can go out of the country for vacation when there's an inland sponsorship is in process
on both occasions, they indicated although nobody can prevent you from leaving the country, it's risky and is up to the CBSA agent at the time you return to Canada. From my understanding, visa officers (aka CIC) and CBSA (border services) are different "people" when we read this guide/manual and it seems this guide is for Visa officers only ... Am I right ?

Sort of CBSA Officers work under the Ministry of Public Safety. One of the many jobs of the Ministry of Public Safety is to Administer the 'Immigration and Refugee Protection Act' (IRPA) at ports of entry. That act is the responsibility of the CIC (now known as IRCC, or the Ministry of Immigration, Refugees and Citizenship Canada) and covers visa's, PR applications, etc.. The guide quoted by Ponga is meant for 'stakeholders' of the IRPA (such as CBSA officers, or the IRCC/CIC officers at borders) but isn't specifically the CBSA rule book. I suspect it is online for the sake of CBSA or IRCC/CIC officers, and notwithstanding any other reasons to deny your entry (like bringing in drugs, or saying you've just sold your home overseas and/or saying you're never leaving Canada) those rules are a guide for them to apply as it relates to the IRPA.

Clear as mud? Back to your question, CBSA (Ministry of Public Safety) can do whatever they feel is in the interest of public safety, and it's not only your strict compliance to the CIC (AKA Ministry of Immigration, Refugees and Citizenship Canada) rules that allow your reentry to the country. If CBSA is unsure for some reason, and they send you to speak with an IRCC/CIC agent, those agents would apply these rules at these websites. These websites appear to be a IRCC/CIC's further explanation of their own rules which are contained within the IRPA.

 

[Octo]

Hello everyone,

For those who are already got OWP and/or AOR, huge congratulation. For those waiting like me, simply 'smile and wait.'

One quick question! My wife is waiting for OWP through inland spousal application. Right now she is on IEC. Now the question is about 'study'

IEC doesn't allow to attend any course longer than 6 months, but my wife wants to study. So, we are wondering if OWP-inland spousal application has such restriction or not? To the point: Does holder of OWP-spousal are allowed to attend any school?

Anyone, any idea?

thanks

Octo

 

[Jambs]

Then that makes sense. You have never done any medical exam , you could be just one of the chosen ones.

What do you mean by that? I am still waiting for my OWP

 

[km9203]

Hello everyone,

For those who are already got OWP and/or AOR, huge congratulation. For those waiting like me, simply 'smile and wait.'

One quick question! My wife is waiting for OWP through inland spousal application. Right now she is on IEC. Now the question is about 'study'

IEC doesn't allow to attend any course longer than 6 months, but my wife wants to study. So, we are wondering if OWP-inland spousal application has such restriction or not? To the point: Does holder of OWP-spousal are allowed to attend any school?

Anyone, any idea?

thanks

Octo

On OWP you can only do 6 month course I believe.

 

[jims_89]

Hello everyone,

For those who are already got OWP and/or AOR, huge congratulation. For those waiting like me, simply 'smile and wait.'

One quick question! My wife is waiting for OWP through inland spousal application. Right now she is on IEC. Now the question is about 'study'

IEC doesn't allow to attend any course longer than 6 months, but my wife wants to study. So, we are wondering if OWP-inland spousal application has such restriction or not? To the point: Does holder of OWP-spousal are allowed to attend any school?

Anyone, any idea?


thanks

Octo

Well when you have OWP you cannot study as in cannot register in college or university as you need study permit for that if you are not yet PR.

 

[9symmerty]

You can go to school for 6 months without a study permit.

 

[JoyG]

Yep i renewed my TRV as well last dec 2015.. I just need to fix some personal things in our country thats why im taking risk to go for a vacation..

Anneecarillo,
I recently travelled to India on the work permit and TRV. I was a little nervous too, when I landed back in Toronto. But to my surprise, I was not asked even a single question regarding my status or why I risked my PR application. The CBSA officer looked at my paper work and asked me only custom related question. I personally feel its okay to leave the country as long as one have the valid paper work.

Again this is my personal opinion from my personal experience.

 

[Fly2016Canada]

Anneecarillo,
I recently travelled to India on the work permit and TRV. I was a little nervous too, when I landed back in Toronto. But to my surprise, I was not asked even a single question regarding my status or why I risked my sponsorship. The immigration officer looked at my paper work and asked me only custom related question. I personally feel its okay to leave the country as long as one have the valid paper work.
Again this is my personal opinion from my personal experience.

Hi JoyG,

Good to hear that you did not face any trouble while entering Canada

Actually, even I am exactly going through the same situation. I have to travel to India for a family visit, but my 6 months stamp on the multiple entries Visitor visa already expired and I am waiting for my OWP. I am now on Implied status. I am planning to visit my country after I receive OWP. Question is since my visitor status already expired, although it is a multiple entry visa, is it necessary for me to get a TRV ?