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Leaving Canada while Inland PR application in process

warah

Member
Mar 22, 2010
12
0
Kitchener, ON
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
06-10-2008
AOR Received.
22-06-2010
Med's Done....
30-06-2010
Hi all, I would like to have so information and advices regarding leaving Canada while Inland PR application still in process.

Here is my application status:
-I applied PR under spouse sponsorship within Canada
-I got my AIP back in June
-Received my Open Work Permit (OWP) on Oct
-Received my TRV on Nov

Here is what I intend to do:
Right now, both of us are unemployed, but we got financial support from our saving and family. We are hoping to travel to my home country (China) for couple of months. If the application is complete, we will return right away for the final interview.

We are wondering how much of risk we are taking. As we read some other threats, we learned that I might be denied for entry; however, I have my Open Work Permit and TRV, so how likely I will be denied for entry.

Any information will be greatly appreciated! Thank you.
 

Love_Young

Champion Member
May 22, 2010
2,361
133
Canada
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
July 16, 2010
Med's Done....
June 16, 2010
Interview........
Waived
LANDED..........
June 01, 2011[img]http://i147.photobucket.com/albums/r293/SimsFC/icons/smileys/flag-canada.gif[/img] [img]http://www.freesmileys.org/smileys/smiley-fc/patriot.gif[/img]
Well like any person that isn't a PR or citizen yet, you are always taking a risk leaving and trying to reenter.
The fact of the matter is, they don't have to let you in. I too applied inland and understand the financial tolls it can take on you but honestly you are almost done. I think having your application denied at that point would be a huge loss to you. That is a risk I wouldn't be willing to take but that is just my opinion.
 

scylla

VIP Member
Jun 8, 2010
95,834
22,109
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Is your TRV a single entry that you successfully extended? Or is it multiple entry?
 

nylalisa

Hero Member
Jan 2, 2011
697
21
Category........
Visa Office......
New Delhi
Job Offer........
Pre-Assessed..
App. Filed.......
02-12-2010
Doc's Request.
31-01-2011 (additional doc request)
AOR Received.
17-01-2011
File Transfer...
06-01-2011
Med's Request
30-03-2011
Med's Done....
21-10-2010
Interview........
30-03-2011 (Passed and approved same day)
Passport Req..
01-25-2011
VISA ISSUED...
04-04-2011 (Received 09-04-2011)
LANDED..........
13-04-2011
Were you granted a Visa or a granted an extention to stay in Canada while waiting for your application? I think the paper you were probably given most likely states , it doesn't guarantee your re-entry to Canada. You are always allowed to leave, however, it is discouraged. If you leave and you are not granted re-entry into the country then your application is dead, and you will have to do an outland application.
 

warah

Member
Mar 22, 2010
12
0
Kitchener, ON
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
06-10-2008
AOR Received.
22-06-2010
Med's Done....
30-06-2010
scylla said:
Is your TRV a single entry that you successfully extended? Or is it multiple entry?
Thank you for all the replies. I am holding an Open Work Permit (OWP) which allows me to stay in Canada. And I was granted a multiple entry TRV. The reason I applied for the TRV is to prepare myself to go in and out the country. I thought that with the OWP and multiple entry TRV would give me the green light to leave Canada and return. Plus, I will be traveling together with my spouse.

I understand that they have the right to refuse any foreign nationals from entering Canada, but I have the OWP and the multiple TRV. I have been living here for over 6 years, completed a degree here, had employment until few months ago. I have done everything according to the book, traveled outside Canada number of times. I thought the chance of denying my re-entry would be slim. Can someone tell me if I am right or wrong? How likely I might be denied for re-entry? Thank you!
 

canadianwoman

VIP Member
Nov 6, 2009
6,200
284
Category........
Visa Office......
Accra, Ghana
Job Offer........
Pre-Assessed..
App. Filed.......
30-01-2008
Interview........
05-05-2009
With a multiple-entry TRV, you will almost certainly be allowed back in, but there is always the chance that you won't be. (If the TRV expires, by the way, and you have to apply for a new one while you are in China, you will almost certainly not get it.) It is very rare for a person with a valid TRV to be denied entry.
 

nylalisa

Hero Member
Jan 2, 2011
697
21
Category........
Visa Office......
New Delhi
Job Offer........
Pre-Assessed..
App. Filed.......
02-12-2010
Doc's Request.
31-01-2011 (additional doc request)
AOR Received.
17-01-2011
File Transfer...
06-01-2011
Med's Request
30-03-2011
Med's Done....
21-10-2010
Interview........
30-03-2011 (Passed and approved same day)
Passport Req..
01-25-2011
VISA ISSUED...
04-04-2011 (Received 09-04-2011)
LANDED..........
13-04-2011
There's no way anyone can tell what the chances are. The thing is that every border officer has a right to refuse or deny entry based on the law. I worked at the border as a student but as a border officer. It's a discretion and a chance you take that someone won't say no. Chances are on an open work permit, if you have a job and such then no you won't be refused. However, just know there is always that chance. In-land apps are for people who are in Canada and with ties. They have the ryt to say to you well you are outside the country, so you are going to stay out of the country and fill your app the appropriate way. Remember CIC prefers outland, it's actually the proper way. An extention as such is only given to allow people to stay while they await their decisions. So leaving can be seen as abandonning the app. And coming back can give them the impression you wouldn't leave if you were denied.

I am not saying either way that you will get in, I am just giving you the facts based on the job I did. I have seen people denied entry but it's not often. It's always luck of the draw. Best of luck!!! :)
 

bigDlittleD

Member
Feb 17, 2012
12
0
Hello Everyone,

I want to pass on our recent experiences in hopes it will help others. These forums have been integral to helping us make decisions regarding the immigration process.

My husband and I received first-stage approval (AIP) with CIC in March 2011 for in-land spousal sponsorship. He is not from a visa exempt country, so it made our much needed emergency visit to his home country quite complicated and risky. We did not have time to apply for a Multiple Entry Visitor Visa at the Seattle Consulate (no expedited or walk-in appointments were allowed), so we left Canada December 2011 and applied for the Visa at the Sao Paulo consulate. From the advice at Canada Border Services Agency (CBSA) at Vancouver airport, they said we would be approved as long as we had AIP.

PLEASE NOTE: PROCESSING TIMES AND REQUIREMENTS ARE DIFFERENT AT OVERSEAS CONSULATES. SENDING AND RECEIVING THE APPLICATION AND PASSPORT WAS A NIGHTMARE. What this means is, there may be a lot of added headaches you have to account for, that would probably never present as obstacles if done in Canadian consulates in the United States. For us, there were very specific ways to pay the fees, often long line-ups, and miscommunications between the consulate staff and the courier services, even though we followed their website instructions meticulously!!!

We finally received the Multiple Entry Visitor Visa a few days before our scheduled return to Vancouver airport. This however, is ONLY a KEY to get to the border or other Port of Entry (POE). The Visitor Visa did not give him "status", as his stay prior to leaving Canada had to have been authorized. His Open Work Permit (OWP) which was still valid, is what got him 'across' the POE. We didn't realize they were two different things. In other words, the Entry Visa we had spent $450 CDN on (which includes the exorbitant fees required by the consulate in his home country) was just a formality, and perhaps even without one, the agent may have let him pass through since he had his OWP and proof that we had a pending PR application in process. Needless to say, we had no trouble entering Canada in January 2012 during the in-land application process since we had the AIP, OWP, and the Visitor Visa.

But my timeline may also help others. AIP and OWP was granted on March 24, 2011. According to the FOSS notes I ordered, RCMP clearance was done prior to AIP, but the Canadian Security Intelligence Service (CSIS) background/security clearance was not requested by CIC until August 25, 2011. The CSIS clearance is updated/sent in quarterly (every 3 months), which was received by CIC -Vegreville on December 12, 2011. Why there was such a long wait between AIP and request for CSIS security clearance, who knows!!!

I can tell you that I kept weekly contact with call centre agents at CIC after the 8 month 'second stage' timeline after AIP, who did more to add to the confusion, or yell at me as to why I was so concerned 'where' this CSIS clearance is. I had to be sure the CSIS clearance was still outstanding, so that I could write a formal letter to the Director of CSIS, and get his/her bureaucratic response within 30 days of receipt. It turns out that only one call centre agent had it right, that the clearance was already submitted to CIC, and we just have to wait. The other 6 gave me the 'run-around'. These agents do not like to be called 'operators', and they are either mis-informed on some things or they are overworked. There is a disclaimer on their telephone hotline saying that call centre agents will not tolerate rude and intimidating behaviour, yet there were two ladies who crossed that line. One lady - Nicole - should be reviewed or retrained, as she regressed when advising me to not leave the country WITH THE AIP, and saying that my husband should have applied out-land, rather than in-land, thereby suggesting that I jump back in my time machine and reconsider how to weigh the pros and cons of applying in-land or out-land. (We still stand by in-land, for our particular circumstances.) She can contradict herself, because while suggesting that we should have applied via out-land for our PR, later in that same conversation she told me CIC has zero control of processing in consulates outside Canada and that it's riskier to apply for a Multiple Entry Visitor Visa in other consulates, but it's totally alright to apply for PR at these same consulates!!! Take it from me, you can get the answers you're looking for regarding your processing from these call centre agents, but you just have to speak to several or many, and get the 'collective' response.

In any event, we have our landing appointment for February 2012, and happy to see the application enter the final stages of completion. I hope our experiences help if this sounds like the same situation you're in,

Cheers
 

missha

Hero Member
Jan 29, 2011
314
10
Mississauga, ON
Category........
Visa Office......
Vegreville, Alberta
Job Offer........
Pre-Assessed..
App. Filed.......
03/18/2011
AOR Received.
04/12/2011
bigDlittleD said:
Hello Everyone,

I want to pass on our recent experiences in hopes it will help others. These forums have been integral to helping us make decisions regarding the immigration process.

My husband and I received first-stage approval (AIP) with CIC in March 2011 for in-land spousal sponsorship. He is not from a visa exempt country, so it made our much needed emergency visit to his home country quite complicated and risky. We did not have time to apply for a Multiple Entry Visitor Visa at the Seattle Consulate (no expedited or walk-in appointments were allowed), so we left Canada December 2011 and applied for the Visa at the Sao Paulo consulate. From the advice at Canada Border Services Agency (CBSA) at Vancouver airport, they said we would be approved as long as we had AIP.

PLEASE NOTE: PROCESSING TIMES AND REQUIREMENTS ARE DIFFERENT AT OVERSEAS CONSULATES. SENDING AND RECEIVING THE APPLICATION AND PASSPORT WAS A NIGHTMARE. What this means is, there may be a lot of added headaches you have to account for, that would probably never present as obstacles if done in Canadian consulates in the United States. For us, there were very specific ways to pay the fees, often long line-ups, and miscommunications between the consulate staff and the courier services, even though we followed their website instructions meticulously!!!

We finally received the Multiple Entry Visitor Visa a few days before our scheduled return to Vancouver airport. This however, is ONLY a KEY to get to the border or other Port of Entry (POE). The Visitor Visa did not give him "status", as his stay prior to leaving Canada had to have been authorized. His Open Work Permit (OWP) which was still valid, is what got him 'across' the POE. We didn't realize they were two different things. In other words, the Entry Visa we had spent $450 CDN on (which includes the exorbitant fees required by the consulate in his home country) was just a formality, and perhaps even without one, the agent may have let him pass through since he had his OWP and proof that we had a pending PR application in process. Needless to say, we had no trouble entering Canada in January 2012 during the in-land application process since we had the AIP, OWP, and the Visitor Visa.

But my timeline may also help others. AIP and OWP was granted on March 24, 2011. According to the FOSS notes I ordered, RCMP clearance was done prior to AIP, but the Canadian Security Intelligence Service (CSIS) background/security clearance was not requested by CIC until August 25, 2011. The CSIS clearance is updated/sent in quarterly (every 3 months), which was received by CIC -Vegreville on December 12, 2011. Why there was such a long wait between AIP and request for CSIS security clearance, who knows!!!

I can tell you that I kept weekly contact with call centre agents at CIC after the 8 month 'second stage' timeline after AIP, who did more to add to the confusion, or yell at me as to why I was so concerned 'where' this CSIS clearance is. I had to be sure the CSIS clearance was still outstanding, so that I could write a formal letter to the Director of CSIS, and get his/her bureaucratic response within 30 days of receipt. It turns out that only one call centre agent had it right, that the clearance was already submitted to CIC, and we just have to wait. The other 6 gave me the 'run-around'. These agents do not like to be called 'operators', and they are either mis-informed on some things or they are overworked. There is a disclaimer on their telephone hotline saying that call centre agents will not tolerate rude and intimidating behaviour, yet there were two ladies who crossed that line. One lady - Nicole - should be reviewed or retrained, as she regressed when advising me to not leave the country WITH THE AIP, and saying that my husband should have applied out-land, rather than in-land, thereby suggesting that I jump back in my time machine and reconsider how to weigh the pros and cons of applying in-land or out-land. (We still stand by in-land, for our particular circumstances.) She can contradict herself, because while suggesting that we should have applied via out-land for our PR, later in that same conversation she told me CIC has zero control of processing in consulates outside Canada and that it's riskier to apply for a Multiple Entry Visitor Visa in other consulates, but it's totally alright to apply for PR at these same consulates!!! Take it from me, you can get the answers you're looking for regarding your processing from these call centre agents, but you just have to speak to several or many, and get the 'collective' response.

In any event, we have our landing appointment for February 2012, and happy to see the application enter the final stages of completion. I hope our experiences help if this sounds like the same situation you're in,

Cheers
If you were from not from visa exempt country, how u managed to get visa from Seattle? you must have visitor visa for US then?

What did u tell upon entrying the canadian border? Did you enter by car?
 

bigDlittleD

Member
Feb 17, 2012
12
0
Missha,

My husband is NOT from a visa exempt country. We had to apply at the US Consulate in Vancouver to obtain a visa to transit through the US.

We could not get a Visitor Visa from the Canadian Consulate in Seattle because it would have taken 30 days (according to their website) and we had to leave sooner than that for a family emergency.

We re-entered the Canadian border at the Vancouver airport. We didn't need to say anything because my husband had 1) a valid Open Work Permit, 2) a valid Multiple Entry Visitor Visa (from the Canadian Consulate in my husband's home country - NOT from the United States), and 3) proof of pending PR application in process.

Your timeline is similar to ours. We sent in our application for Spousal Sponsorship in Vegreville on May 26, 2010. My husband has his landing interview at the end of this month. Have you heard back from CIC?
 

missha

Hero Member
Jan 29, 2011
314
10
Mississauga, ON
Category........
Visa Office......
Vegreville, Alberta
Job Offer........
Pre-Assessed..
App. Filed.......
03/18/2011
AOR Received.
04/12/2011
bigDlittleD said:
Missha,

My husband is NOT from a visa exempt country. We had to apply at the US Consulate in Vancouver to obtain a visa to transit through the US.

We could not get a Visitor Visa from the Canadian Consulate in Seattle because it would have taken 30 days (according to their website) and we had to leave sooner than that for a family emergency.

We re-entered the Canadian border at the Vancouver airport. We didn't need to say anything because my husband had 1) a valid Open Work Permit, 2) a valid Multiple Entry Visitor Visa (from the Canadian Consulate in my husband's home country - NOT from the United States), and 3) proof of pending PR application in process.

Your timeline is similar to ours. We sent in our application for Spousal Sponsorship in Vegreville on May 26, 2010. My husband has his landing interview at the end of this month. Have you heard back from CIC?
Thanks bigDlilttleD for sharing experience.

I am waiting from CIC, I have not heard anything yet. Looks like I will hear end of this week or next.

On top of that, I am dying to travel outside Canada. In case I get an AIP, the only thing that I do not have is Canadian Multiple Entry Visa to re-enter. My visitor visa has expired.

Since you mentioned, OWP would be sufficient for re-entry as that gives you the status?
 

bigDlittleD

Member
Feb 17, 2012
12
0
Missha,

NO! You DO need the Visitor Visa to re-enter and take you up to the Port of Entry (border crossing, airport, etc.) It is the KEY to get you there, and the Customs Agent at the Port of Entry will give you a stamp or a record or something to authorize/re-authorize your stay. PLEASE FOLLOW THE RULES, they like that. Saying that my husband may not have needed it was me just blowing off some steam.

Missha, you submitted your application on May 18, 2010? And you haven't heard back from CIC regards to first-stage approval? You should call them immediately 1-888-242-2100, and see what is going on. You could also check online as to what the status of your application is by setting up an account. Check it regularly! You may have received a letter or something and missed it somehow.

I know you probably want to leave the country, it's not impossible, but it is a BIG hassle to come back. Make sure you follow all the rules and prepare all your files in a folder if you do leave.

Keep me posted!

Hope you hear from CIC soon!
 

missha

Hero Member
Jan 29, 2011
314
10
Mississauga, ON
Category........
Visa Office......
Vegreville, Alberta
Job Offer........
Pre-Assessed..
App. Filed.......
03/18/2011
AOR Received.
04/12/2011
bigDlittleD said:
Missha,

NO! You DO need the Visitor Visa to re-enter and take you up to the Port of Entry (border crossing, airport, etc.) It is the KEY to get you there, and the Customs Agent at the Port of Entry will give you a stamp or a record or something to authorize/re-authorize your stay. PLEASE FOLLOW THE RULES, they like that. Saying that my husband may not have needed it was me just blowing off some steam.

Missha, you submitted your application on May 18, 2010? And you haven't heard back from CIC regards to first-stage approval? You should call them immediately 1-888-242-2100, and see what is going on. You could also check online as to what the status of your application is by setting up an account. Check it regularly! You may have received a letter or something and missed it somehow.

I know you probably want to leave the country, it's not impossible, but it is a BIG hassle to come back. Make sure you follow all the rules and prepare all your files in a folder if you do leave.

Keep me posted!

Hope you hear from CIC soon!

Aww thanks bigDlittleD,

Thanks for you answer. I might bug you again in case i decided to travel but you have answers my concerned very well. I am not may 2010 timeline, i am march 2011. :D

I am hoping to hear from them soon,
 

wolanila

Hero Member
Jun 8, 2011
738
13
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
Cool, this makes me feel a bit easier about emergencies that may arise. Thank you

would still feel nervious as hell about the re-entry but still a bit calmer about the whole process
 

bigDlittleD

Member
Feb 17, 2012
12
0
Wolanila,

I'm glad our story can help. You might be interested in downloading the Overseas Processing Manual from the CIC website. These are the guidelines that the Canadian Immigration Officers abroad have to follow in determining how to proceed in your situation.

It is risky yes, but follow the rules, pay the fees, get all the paperwork, gather a file containing everything you think is important or semi-important, and it may just work. We also made tons of photocopies of our application ready to send it to an immigration lawyer in case everything went horribly wrong. In our case, the decision was that if my husband was denied boarding on the plane from his home country due to lack of the required paperwork, I would have had to leave him and my son there while I came back to Canada to sort it out, and thus be separated for quite some time. It was such a horrible feeling, but in the end everything worked out.

Another concern is that while out of Canada, I didn't want to miss the letter from CIC stating when his landing appointment would be if he was approved. I called frequently, but you cannot call the CIC hotline directly if you're outside of the country. You can call the Department of Foreign Affairs number and they patch you through to the CIC hotline.

We were also lucky because a month after we got back, he was granted the Right of Permanent Residence and his landing appointment at the Vancouver office was schedule 3 weeks after that letter was sent. He is finally landed, and the process is finally over!

Good luck, and remember to stay positive!