Inland working visa question

[Calgaryzach]

Hello!

Just wanted to clarify if this is true or not, my wife heard this info from her friends lawyer. If my wife applies inland through Canada and gets a work visa after 4 months can she leave to go back to Taiwan for 2-3 months then come back with no issues bevause she has a work visa? Can someone clarify if this is correct or not?

 

[Guanguar16]

Hi,

I think if your wife get Open work permit, she should be able to go outside of Canada and return back without any issue. However, 2-3 months might be too long for inland application. Normally less than a month.

 

[profiler]

Hello!

Just wanted to clarify if this is true or not, my wife heard this info from her friends lawyer. If my wife applies inland through Canada and gets a work visa after 4 months can she leave to go back to Taiwan for 2-3 months then come back with no issues bevause she has a work visa? Can someone clarify if this is correct or not?

No, the OWP available to inland applicants does not permit re-entry. If she is from a visa requiring country, she will require a valid visitor visa to cross the border. Also, keep in mind that if she has trouble crossing the border, CIC could deem the application abandoned. So, generally people are recommended to stay until the inland application has finished.

2-3 months I am pretty sure CIC would have trouble with that. Though there is no magic number that they will permit, that seems pretty long. 1 month normally is the upper limit from what we have heard here.

That said, the sponsor needs to remain in Canada if they are a PR. If they are a citizen, they can leave Canada -- just in case you were hoping to go with her..

 

[MilesAway]

No, the OWP available to inland applicants does not permit re-entry. If she is from a visa requiring country, she will require a valid visitor visa to cross the border. Also, keep in mind that if she has trouble crossing the border, CIC could deem the application abandoned. So, generally people are recommended to stay until the inland application has finished.

2-3 months I am pretty sure CIC would have trouble with that. Though there is no magic number that they will permit, that seems pretty long. 1 month normally is the upper limit from what we have heard here.

That said, the sponsor needs to remain in Canada if they are a PR. If they are a citizen, they can leave Canada -- just in case you were hoping to go with her..

One of the requirements of an inland application is that the applicant and sponsor be living together in Canada. If one of you leaves the country for a short period of time, you might be okay. If both of you leave, then you no longer meet that requirement and run the risk of having your application refused.

 

[profiler]

One of the requirements of an inland application is that the applicant and sponsor be living together in Canada. If one of you leaves the country for a short period of time, you might be okay. If both of you leave, then you no longer meet that requirement and run the risk of having your application refused.

Division 3 - Sponsors R 130 (2) provides for Sponsors not residing in Canada (which would be a period of more than 6 months). Otherwise there is nothing to say that a short trip out of Canada for both Sponsor and Sponsored would not be acceptable.

 

[Ponga]

in Canada class does have a provision for Canadians not in Canada.

MilesAway is correct. The Inland application requirements are that both the applicant and sponsor continue to live (reside) together, in Canada. If either/both leave for more than a few weeks, it could be disastrous to the application!

 

[profiler]

MilesAway is correct. The Inland application requirements are that both the applicant and sponsor continue to live (reside) together, in Canada. If either/both leave for more than a few weeks, it could be disastrous to the application!

Sorry, I respectfully have to disagree here. Can you show me where is says in IRPA that short trips outside of Canada for both would result in an abandoned / rejected application? I have been looking for it, and I cannot seem to find it there, or in the operational guides. I would be forever grateful..

EDIT: As originally stated, where the sponsor is Canadian, and the trip is less than 1 month.

 

[Ponga]

Sorry, I respectfully have to disagree here. Can you show me where is says in IRPA that short trips outside of Canada for both would result in an abandoned / rejected application? I have been looking for it, and I cannot seem to find it there, or in the operational guides. I would be forever grateful..

There is no definition of what a short trip really means...in any official immigration publication/manual. There in lies the problem.

If you dig through the threads/posts here, you will find a couple of case law examples of where this became a BIG problem. I remember seeing/reading at least one of them a couple of years ago, but wouldn't know where to find it now.

Remember...the ambiguity of `short trips' seems to be the sole discretion of the visa officer that works on the file. If s/he doesn't agree...it could lead to a refusal.

For this reason, the overwhelming majority of opinions here has been that anything more than a couple of weeks is risky.

Now...playing Devil's Advocate, do you have any evidence that two or three months abroad would NOT be a problem?

 

[Ponga]

http://immigratetocanada.blogspot.ca/2008/06/spousal-sponsorships-in-canada.html

While an application is in process, the sponsored spouse must stay in status and reside with the sponsor in Canada. As such, trips outside of Canada during processing are not usually advised. If an applicant leaves the country, even for a short vacation, and is not granted re-entry, that may have the effect of ending cohabitation between the spouses and will terminate status in Canada and therefore the spouses may fall outside of the basic requirements and the application may be refused.


Ryan Rosenberg is a successful (and helpful) immigration lawyer in Vancouver.


And, another discussion that seems to agree with most opinions here:
http://www.roadtocanada.com/forums/showthread.php?tid=8851

 

[profiler]

http://immigratetocanada.blogspot.ca/2008/06/spousal-sponsorships-in-canada.html

While an application is in process, the sponsored spouse must stay in status and reside with the sponsor in Canada. As such, trips outside of Canada during processing are not usually advised. If an applicant leaves the country, even for a short vacation, and is not granted re-entry, that may have the effect of ending cohabitation between the spouses and will terminate status in Canada and therefore the spouses may fall outside of the basic requirements and the application may be refused.


Ryan Rosenberg is a successful (and helpful) immigration lawyer in Vancouver.


And, another discussion that seems to agree with most opinions here:
http://www.roadtocanada.com/forums/showthread.php?tid=8851

I did recommend against it. I simply stated there is no where in IRPA or the operational manuals that state you can't. We both know it's been allowed in the past however.

Having an OWP and a visitor visa is in status. And yes I agree they must "reside" in Canada. I didn't suggest move or take up work abroad. So Short trips abroad are tolerated. No?

My point: if it's not outlined in IRPA, you'd be in a strong position to win at a IAD appearance for a misguided officer refusal. If it's not against IRPA, then it's possible. Not at all recommended.

Normally I would agree with you, you know this. But in this case, justices in Canada default decisions to IRPA.

 

[profiler]

Now...playing Devil's Advocate, do you have any evidence that two or three months abroad would NOT be a problem?

I suggested 1 month appeared to be the upper limit. I didn't suggest 2-3. I suggested against that.