Just about ready to apply for PR - few questions

[longobongo]

Hello everyone! I received excellent advice on this board about a year ago and since then I've married my spouse in Canada. I was advised by an immigration lawyer to remain in canada and to apply inland without leaving Canada for the duration. This won't really be a problem, even though the current processing is 2 years+ I almost have all of my information ready to apply, but I do have a few questions that I can't seem to get a straight answer from the lawyer my spouse and I spoke with.

1. I was denied entry to Canada previously due to a misunderstanding of immigration laws. (Long story short: I was leaving and returning to Canada every six months with my partner, in effort to become common-law. We were told that we are not allowed to do this. I was unaware. I was permitted to withdraw my intentions to enter Canada and I returned to the states). Without ties to the states, I am not permitted to enter Canada. Does this mean I am still eligible to apply? Am I considered "in-admissable" to Canada? I feel like the lawyer I am speaking to doesn't understand what my question is...

2. I know I'm getting a little ahead of myself, but I know at the landing interview you are asked if you've ever been denied entry to Canada. I have fully disclosed what happened on my application, the conditions in which I re-entered Canada, etc. What happens when you answer YES to this question? Is this okay? Does having been denied entry previously make it more difficult for me to become a PR?

Thank you for any and all answers, I really appreciate the help I've gotten on this board (through mostly lurking)

 

[MilesAway]

If your immigration lawyer can't answer that question, you should probably find a different lawyer.

What's your native country? There's a good chance that outland would be a much better bet for you.

Unless you were issued an exclusion order, you are not inadmissible.

You need to answer any questions truthfully. They will know anyway, so as long as you tell them the truth, and what happened, you will be fine. The big problems would occur if you said no. The only time it would cause problems, is if they suspected you of marrying to get to Canada. If you're from a visa-exempt country, and you have a reasonable relationship story, then you shouldn't encounter any problems.

 

[blueangel371115]

I agree with MilesAway. Something seems a little fishy there. Just be honest. Lawyers/consultants tend to coerce ( I feel anyway) people into applying inland even when the applicant/client what have you, is better off applying outland. Probably because they know how long the process takes and they think they'll get more money. It sounds like your lawyer isn't very knowledgeable about the immigration process. I would be very concerned at this point.

 

[rhcohen2014]

2. I know I'm getting a little ahead of myself, but I know at the landing interview you are asked if you've ever been denied entry to Canada. I have fully disclosed what happened on my application, the conditions in which I re-entered Canada, etc. What happens when you answer YES to this question? Is this okay? Does having been denied entry previously make it more difficult for me to become a PR?

absolutely nothing happens. that's precisely why you are applying for pr, to get the permission to live in canada.

 

[Rob_TO]

I think you are an American citizen? If so then applying inland would be a huge mistake. You'll be waiting over 2 years to get your PR status and taking risks if you ever want to travel, while a simple outland app through CPC-Ottawa office could be completely done in around 5-6 months.

Once you submit your outland PR app, coming in and out of Canada usually gets much easier as CBSA is known to be very easy going on people with PR apps in progress. Or if you wanted to stay in Canada, it's also usually a very simple process to simply request extension to your visitor status if you have a PR app in progress.

If your lawyer didn't explain all the pros of going outland and the cons of inland, they don't sound like a very good lawyer at all.

 

[Panamai]

Are you really not allowed to leave before the 6 months and come back again to get common-law status? That's what I did. I mean, I could have applied for an extension to my visitor status, but I had to go back to the US during those times anyway to take care of some business and visit my family. It made more sense to do it that way. I looked high and low for a law somewhere saying that you can't do that and I found nothing.

 

[Panamai]

Also, I totally agree about outland vs inland. All the lawyers I've heard of say to apply inland, but it doesn't make sense if you are a US citizen. I would stay away from lawyers if possible. The lawyer I talked to wanted to start with $2000 on top of the $1040 in immigration fees that CIC required! I took off running and filed the application solo. The paperwork is very easy, just time-consuming.