Japanese needs TRV or not during PR application processing waiting time?

[eric6642]

I am a Canadian and sponsoring my common-law spouse (Japanese). We sent the application in June, 2008, and she has a Student visa valid till January 31, 2009, for her PR application will not be approved till May 2009, or longer.
We are planning to visit Japan sometime in the end of 2008! My question is about returning back Canada. What should we do?
She will be re-entry as a Student, should we walk together to custom booth entry to Canada as my common-law? Or she should go through Canadian Custom by herself as Student, and do not say anything about PR Application.

Question 2, She is a Japanese, so does not need a TRV before entry Canada. Does she still need to apply a TRV for staying a long period of time (more than 6 months, before getting the PR Card?)

Thanks in advance


Eric

 

[Leon]

When her student visa expires, she doesn't automatically become a tourist. She might have to apply to change her status. You can call CIC at http://www.cic.gc.ca/english/contacts/index.asp to find out about it.

 

[eric6642]

Thanks Leon:
I understand we change her status before her Studendt expired!

Question 1 :
She will be re-entry as a Student, should we walk together to custom booth entry to Canada as my common-law? Or she should go through Canadian Custom by herself as Student, and do not say anything about PR Application.

Thanks in advance

Eric

 

[Julia]

I have heard that you can enter the country with "dual reason". Meaning you tell them you are trying for landed immigrancy AND you are coming in as a visitor. There is an actual term for this but I can't remember what it is called. It has something with dual in the phrase. I have a friend who had it explained to her by one of the border guards when her and her American husband were entering Canada. Perhaps someone here knows what it is called or how you word it to the border/customs.

 

[Leon]

Dual intent. You can say that you have a PR application going and want to wait for it in Canada.

 

[RobsLuv]

Japanese foreign nationals are visa-exempt so, no, she does not need a TRV to enter Canada. If her student permit is still valid, she should be able to re-enter on that, provided she can show that she still has funds to support herself. She should not mention her relationship to you, or her plans to apply as a common-law partner. What Julia is talking about is being able to enter Canada with your sponsor - but that only works if you're in a qualifying relationship, like a marriage. The foreign national partner of a couple who is still establishing a common-law partnership (not having lived together for a whole year yet) would not be able to gain entry of the FN through "dual intent" because it is not permitted to enter Canada and stay in order to establish the relationship that will qualify you to apply for PR.