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Leaving Canada during the inland process

soldier123

Full Member
May 6, 2009
41
0
Hi guys,

What are the results if you don't remain in Canada during the inland
process?


I've heard if you are citizen of a country that does not
requires visa to enter in Canada they will never know that you
left, is that true?


Once you receive the Sponsorship approval and the open work
permit, is it ok leave Canada?


thanks
 

Leon

VIP Member
Jun 13, 2008
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It's advised that you don't leave Canada for the full processing time to PR. There are two reasons. One is that if you are denied entry for any reason whatsoever, your application is gone. However, if you don't need a visa to go to Canada, it is unlikely that you will be denied entry and yes, they do see that you left because they check your passport when you come back. The other reason is that they may try to contact you for whatever reasons while you are gone and then you are not there. Of course you can still leave, it's just a risk that you take.
 

RobsLuv

Champion Member
Jul 14, 2008
1,838
127
124
Ontario
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.
Original:9May'07; Reprocess:7May'10
AOR Received.
Original:28Apr'07; Reprocess:26Apr'10
File Transfer...
n/a
Med's Request
Reprocessing:7May2010
Med's Done....
Jun2010
Interview........
n/a
Passport Req..
30Nov2010!!
VISA ISSUED...
31Dec2010!!
LANDED..........
31Jan2011
The problem with an inland ap and leaving the country during processing is that it is required that the applicant be resident in Canada and residing with their sponsor/partner in order to be approved - basically because the landing interview happens within Canada. If, after leaving Canada, the applicant is for some reason denied re-entry, the inland application fails because the applicant can no longer meet the requirement of being resident with their sponsor in Canada.

Even visa-exempt nationals have to submit to examination at a Canadian port of entry. It is entirely up to the discretion of the officer whether or not to allow entry. Allowing entry is supposed to be based on whether or not the foreign national can demonstrate that they do not intend to stay permanently in Canada . . . that they will leave at the end of their authorized temporary stay. This can be difficult to do if you have filed a permanent resident application and, in fact, foreign nationals from non-visa-exempt countries are routinely refused visitor visas when they have applied for permanent status. They cannot convince the assessing officer that they intend to leave Canada at the end of their authorized stay. So the officer at a Canadian port of entry has the "right" to refuse entry, even to a visa-exempt national, for the same reason. Whether they will or not is the risk you take if you leave. Sponsorship approval will not guarantee re-entry . . . and, although having an open work permit might make it a bit easier, you're still putting yourself at the mercy of someone who is not obligated to do anything on your behalf.
 

soldier123

Full Member
May 6, 2009
41
0
Thank you so much guys,

I'm just asking because a good friend of my husband left Canada 3 weeks ago and returned this Monday.

He is still under inland process, he just received the sponsorship approval and a letter that he could
apply for the open work permit, when the OWP arrived, he left Canada to visit his family in Mexico.

How can an officer at a Canadian port knows that he is still under process and report this to the local office?

In the end of the process, to avoid checking the stamps on his passport he can just request to mexican
embassy another passport saying that he lost the another one and his "travel" is covered.

I don't see this rule working... it's so unfair to the people who are in Canada, missing their relatives
and others just go abroad and come back.
 

Leon

VIP Member
Jun 13, 2008
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If he got back in, he shouldn't have a problem. People know when they apply inland that it's not advised to travel. They have the option of applying outland instead. They decide which they choose. If they miss their family so much that they can't be away from them for 1-2 years the PR takes, they should consider outland instead or like your husbands friend did, take the risk.
 

julchen_79

Star Member
Mar 4, 2008
53
0
I would not take the gamble. I was actually once refused entry even though I am from a visa exempt country. The risk is entirely up to you! Just be aware that IF they don't let you back in your inland application is forfeited. I highly recommed you do not do it! Sure you could get lucky...but what if not?!

I knew I wanted to travel and visit my elderly grandparents, so I chose the outland process becaus I did not want this to happen again.

Good luck with your decision!
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

mydesire said:
Mr Leon;
What do you mean? We really need to wait another 1-2 yrs for us to see our beloved family, after working almost 3 yrs that takes about 5yrs far from them.

I am under LCP, and Im planning to go for vacation next yr after I apply my inland papers this Decmeber. I was here in Canada more than 2yrs but i cant file my application because I change employer twice. I cant wait for the time i see my family. So we never have guarantee that we can come back after we finished the 24 months requirements working as a nanny.
You are mixing apples and oranges, the discussion was about in Canada spousal applications has no effect on LCP.

PMM
 

Leon

VIP Member
Jun 13, 2008
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mydesire said:
Mr Leon;
What do you mean? We really need to wait another 1-2 yrs for us to see our beloved family, after working almost 3 yrs that takes about 5yrs far from them.

I am under LCP, and Im planning to go for vacation next yr after I apply my inland papers this Decmeber. I was here in Canada more than 2yrs but i cant file my application because I change employer twice. I cant wait for the time i see my family. So we never have guarantee that we can come back after we finished the 24 months requirements working as a nanny.
Like PMM said, this is a thread under Family Class sponsorship and has to do with inland spousal sponsorship. It has absolutely nothing to do with the LCP program. I have never heard anything about leaving or not leaving while applying for PR through LCP. If you are not sure, call CIC and ask.