Leaving Canada while Inland PR application in process

[AmandaHsu]

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.

thank you for sharing the story, I've been thinking about going back hometown with my sponsor recently since it's usually off-season for his work. However, all I'm worried is "what if I missed the letter from CIC"......

 

[bigDlittleD]

I was worried about that too, but I called the hotline frequently - sometimes 3 times a week - to be told that all lines were busy, or was put on hold for more than 30 minutes before speaking to an agent, or the internet connection cut out. We were away during the Christmas holidays, so I expected there to be delays in processing.

I was told that if I missed the letter, I would have to fax the local office (make sure you know the fax number of your local CIC office before leaving) and say that I would have to be away for these dates and would like to reschedule. Rescheduling will probably add another 1 to 3 months to your process, so try not to miss it.

Good luck!

 

[canadasun]

my husbad is canadain and i am from US we have known each other for 17 years got married in 2008 in the states an i moved to canada with our son at the border we got a visitor record for six months which expiried dec 2008 then we try too extend my stay but they got the papers to late so they wanted another 200 dollars in 90 days i stayed until aug 2009 we did not send the money so i came back too the states now my husband wants too sponsor me and he say i can come back with no problem he is behind on his child support from a prefuss relaitionship i do not know becuase overstayed my visit well they know that at the bordor or will that effect the app. i also have medical issues and from what i have heard there is no medica coverage for someone in the process i would grately be very thankful for a response

 

[bigDlittleD]

my husbad is canadain and i am from US we have known each other for 17 years got married in 2008 in the states an i moved to canada with our son at the border we got a visitor record for six months which expiried dec 2008 then we try too extend my stay but they got the papers to late so they wanted another 200 dollars in 90 days i stayed until aug 2009 we did not send the money so i came back too the states now my husband wants too sponsor me and he say i can come back with no problem he is behind on his child support from a prefuss relaitionship i do not know becuase overstayed my visit well they know that at the bordor or will that effect the app. i also have medical issues and from what i have heard there is no medica coverage for someone in the process i would grately be very thankful for a response

Canadasun,

You may have a few roadblocks if your husband wants to sponsor you. 1) You did not respect the terms of your Visitor Visa, nor did you pay the $200 you needed to "restore" your status, 2) your husband is behind on his child support on his previous relationship, so in the sponsorship application, he has to prove he can support you AND your son. You and your husband MUST resolve these issues BEFORE he sponsors you.

As for not respecting the terms of your Visitor Visa in 2008, you can call the CIC call centre at 1-800-242-2100, and talk with an agent (I advise 2 or 3 different agents because these agents have varying degrees of knowledge) about how to resolve this. In future applications, whether it is another Visitor Visa or Sponsorship / Permanent Residence application, you will have to check mark the box that asks if you have ever stayed beyond the expiration date of your visa, and then offer an explanation as to why you did this. You may want to visit the Canadian immigration office at the closest Port of Entry (POE), whether that is a border crossing or an international airport. They may ask you when you left Canada, and see that the date you left was beyond the date of your last visa. You may want to speak to an immigration consultant, or an immigration lawyer (fees are more expensive for a consultation with a lawyer). You have options, consider all of them, then make an informed decision.

As for you husband, hopefully he is not in any legal proceedings, because that would certainly cause more delay for the sponsorship application.

And yes, it is correct that until you become an actual Permanent Resident, you may apply for health insurance here. If you would like to get a work permit, you will be given a temporary S.I.N. number (Social Insurance Number) and you can also apply for health insurance then too. Until then however, your husband must support your healthcare needs while you are in Canada waiting for the whole process to finalize (average is 2 years). Now with the sponsorship application, you can also apply for and OWP (Open Work Permit) AT THE SAME TIME, which would give you access to work and get health care. If you have medical concerns, you may need to keep up your health insurance in the US. My husband was always healthy, and he got away without needing doctor visits or health insurance (very risky though!)

The most important thing is, get going with the paperwork because there will be much more paperwork. Be informed, follow the rules, save some money, and don't give up.

 

[canadasun]

thank you so much for answering my questions from my last post. i have another question, i heard that someone could come to canada for six months then leave for a day an come back for another six months with no problem. like you want to stay with your husband until you get money for all the paper work.i would really be thankful for a response

 

[bigDlittleD]

Canadasun,

I know from experience that the border officers may grant you a 6 month (sometimes 3 or 9 or maybe even longer) visitor visa when they believe you have a good reason for coming to Canada. Leaving Canada and coming right back (this is called "flag-poling") can get you in the country and allow you to work out your immigration issues directly with an officer. Bring your marriage certificate and keep a file on hand with important documents.

I also know that if you do this often, your intentions become questionable, and they will either deny you entrance (remember they can do this at any point in the process even if you have all the right paperwork in order), or put some kind of condition on your visa, or suggest that you change your status and apply for an immigrant visa (permanent residence). From what I've read on these forums, a woman tried two different port of entries since one officer denied her entry, and by going to another port of entry the following day, another officer gave her permission to enter. She was denied originally since there was some question about her intent to come to Canada. She wanted a visitor visa to visit her boyfriend, but the officer saw she packed her house and brought everything with her and didn't believe she was going to sell those things in Canada, and decided she intended to live here and not remain for a short time as what the visitor visa requires.

I suggest that once you are in Canada, stay in Canada (this is what the call centre agents advised me), and make sure that your status is always current. What I mean is, if you are given a visitor visa, you can apply to extend your stay (while you remain in Canada) and they will grant you a Visitor Record (NOT a visa, which means you will not be authorized to re-enter Canada once you leave) if approved. The only catch is, with Temporary Resident Visas (TRVs) and Visitor Records, you also have to prove that you will NOT stay unauthorized beyond the terms of your visa. They may have a record of you staying longer than what you were allowed back in 2008. This is one hurdle you have to overcome - and don't be tempted to take shortcuts. Everyone's case is different, so if "flag-poling" worked for your friend, it may/may not work for you. Again, call the call centre, collectively they give you the real picture.

I must re-iterate: once you are granted to stay in Canada, STAY IN CANADA. Work out immigration issues from here via regular mail application or online applications, and not the quick way by flagpoling in your case. Girl I know how hard it is financially to do this, since you probably won't be able to work right away, but there are many who survived this process and trust me when I say that becoming a PR is EARNED and not given. I sure had to see my husband struggle and I had to work 7 days a week to support us (while pregnant!), but that is a different thread. The only thing that kept me going were these immigration forums!

 

[canadasun]

thank you so m uch for your advice it has been a real help my husband an i just hate the waiting an he likes too take the easy way which in this case i do not think there is one i really am thankful for your reponse it has truly help me your future friend

 

[bigDlittleD]

thank you so m uch for your advice it has been a real help my husband an i just hate the waiting an he likes too take the easy way which in this case i do not think there is one i really am thankful for your reponse it has truly help me your future friend

No problem, these forums help a lot, even if it's just moral support! You can do it!

A couple of things to remember is that even immigration lawyers can't take shortcuts or make things move faster. Another is that if your husband is sponsoring you AND your son, there is a MINIMUM salary he must make - I think it's somewhere between $20 - $30K a year, but I'm not sure. But if he is sponsoring just you, he just has to prove he HAS an income, doesn't matter how little or how much. He will need a specific form that can be requested through Canada Revenue Agency.

Good luck!

 

[bigDlittleD]

Dorina,

Sorry Dorina for some reason I can't reply to personal messages. I hope you get this message in time!

You have your landing appointment scheduled, which means you have jumped through all the hoops and have passed! The landing appointment is just a formality to officially get your signature on the Confirmation of Landing record and a stamp on your passport. It is easier than any exam you have ever taken. They put you in a room and sit you guys down, give a presentation on what it means to be a Permanent Resident, talk to you about how to 'settle' here (like where to find a job, which numbers to call to apply for healthcare, SIN number, etc.). They call you one by one - for us it was just the table in the corner of the room - ask to see your CURRENT immigration document (he didn't even look at all the files I'd prepared of all the documents we'd ever received from CIC) to which they VOID it because you are a PR now, ask to see that you have proof that you paid your Right of Permanent Residence Fee, ask to see your sponsor, ask if you'd been arrested/broken the law since their last update, and finally stamp your passport.

The video presentation took about an hour, then the actual interview took no more than 3 minutes. You do not need to worry about the border officer who did not stamp your passport when you crossed the border. If they do ask, tell them you didn't cross the border via a commercial vehicle (train, plane, bus), and so they didn't stamp your passport. And for this reason, you could not prove the first time you entered into Canada, but even though it is more than plainly obvious that you were granted entry by a Canadian border officer.

CONGRATULATIONS!!!!!

 

[charmainefrances]

Hello! I have applied for PR on nov. 2010. Spousal sonsorship. Transferred to edmonton with no aip and owp. Though i have a work permit under my employer for 2 yrs. so i continued working.

Now my situation became more complicated as my mom is sick and she is in the Philippines. I dont know what to do. If i travel outside canada, even i have a work permit its still a risk because i need a visa to come back. And they say the application for Pr will be abandoned.

Is there any way somehow that they will allow me to go home and allow me to come back? Im the only child and that makes it more difficult. Sigh!

 

[Dorina]

Dorina,

Sorry Dorina for some reason I can't reply to personal messages. I hope you get this message in time!

You have your landing appointment scheduled, which means you have jumped through all the hoops and have passed! The landing appointment is just a formality to officially get your signature on the Confirmation of Landing record and a stamp on your passport. It is easier than any exam you have ever taken. They put you in a room and sit you guys down, give a presentation on what it means to be a Permanent Resident, talk to you about how to 'settle' here (like where to find a job, which numbers to call to apply for healthcare, SIN number, etc.). They call you one by one - for us it was just the table in the corner of the room - ask to see your CURRENT immigration document (he didn't even look at all the files I'd prepared of all the documents we'd ever received from CIC) to which they VOID it because you are a PR now, ask to see that you have proof that you paid your Right of Permanent Residence Fee, ask to see your sponsor, ask if you'd been arrested/broken the law since their last update, and finally stamp your passport.

The video presentation took about an hour, then the actual interview took no more than 3 minutes. You do not need to worry about the border officer who did not stamp your passport when you crossed the border. If they do ask, tell them you didn't cross the border via a commercial vehicle (train, plane, bus), and so they didn't stamp your passport. And for this reason, you could not prove the first time you entered into Canada, but even though it is more than plainly obvious that you were granted entry by a Canadian border officer.

CONGRATULATIONS!!!!!

bigDlittleD,

Thank you soooo very much for putting my mind at ease. I owe you a big drink so if you are ever in Montreal, just PM me and we will arrange it.



I will let you know how it goes on Wednesday.

 

[bigDlittleD]

Hello! I have applied for PR on nov. 2010. Spousal sonsorship. Transferred to edmonton with no aip and owp. Though i have a work permit under my employer for 2 yrs. so i continued working.

Now my situation became more complicated as my mom is sick and she is in the Philippines. I dont know what to do. If i travel outside canada, even i have a work permit its still a risk because i need a visa to come back. And they say the application for Pr will be abandoned.

Is there any way somehow that they will allow me to go home and allow me to come back? Im the only child and that makes it more difficult. Sigh!

Hi,

Yes, I know the situation you are in, and it is a difficult choice. I completely understand the family loyalty you feel. Since the Philippines is NOT a visa-exempt country, you need to apply for a Temporary Resident Visa to return. Apply at the nearest Canadian consulate to you by mail or in person. Each of these consulates have their own specific requirements and fees so do this immediately and see if you will be approved. If you make the choice to leave, please make sure your current Work Permit also stays valid through your return date.

You should be concerned that your file was transferred without AIP and OWP. Leaving now would be a huge risk. There are long wait times before and after your interview, and your timeline will be longer. After your appointment, and make sure you're prepared as hell to prove the validity of your relationship (bank statements, file your tax returns as a married couple, life insurance, pictures, BRING IT ALL), the officer can decide to give you AIP at that time, or you might have to wait a little longer. I would recommend not leaving until you have AIP, but if your mother is very sick, you must make that decision. It comes down to a personal choice at this point because as you have the longer timeline, your mother's condition may/may not improve.

My husband and I made the choice to leave the country for a family emergency - but we had AIP and OWP - to see his grandmother while she is still stable. It was a decision with huge risk and consequences (I would have had to leave my son with my husband if he could not return with me since I would have to work more than full-time to support us and there would be no one to care for him here), but we do not regret seeing her and spending time with her and the rest of the family. It was harder since my husband was not from a visa-exempt country, so he needed a Temporary Resident Visa to return, which is granted upon the condition that he is likely to return to his home country, even though he built his life here in Canada with me. DUAL INTENT does NOT apply to in-land spousal sponsorship. If you applied for spousal sponsorship using the out-land process, there may be a chance you will be approved if you could prove dual intent.

To be approved for a Temporary Resident Visa (TRV), my husband had to submit any ties he had to his home country (despite living in Canada with me for the previous 3 years!). We submitted photocopies of: his mother's national ID card, his grandmother's/grandfather's national ID card, our son's passport, because he has dual citizenship, bank statements from before he came to Canada, letters sent to him to his address there in his country, all the receipts of money we'd sent over the last 3 years, and hospital letters saying his grandmother was very sick, proof that our PR application is pending with CIC. I'd included a personal letter describing our situation saying that we needed to leave before the in-land process was finalized since it could takes a few more months to years to complete, and that we would like our son to meet his cousins and learn the language because we intend to send him to school there in the future.

Looking back and reading my FOSS / CAIPS notes - if you do not know what that is, FOSS notes are copies of every document you'd ever sent to CIC for in-Canada applications, and the notes put on your file by that particular Immigration Officer. CAIPS notes are notes made on your file by Immigration Officers for consulates outside of Canada. You can order this anytime for free, but you must download the form from the CIC website and it will take about 6 weeks to process. The IO at the Canadian Consulate in Sao Paulo approved our application for a TRV and said "Now FC-1 stage one approved. Appears RCMP pending. Visiting Brazil with wife and Canadian-born son. Although truly not a visitor to Canada benefit of doubt warranted. TRV issued."

Anyway, huge risk, and we were lucky I think.

Let me know how it goes, and always be informed of your immigration process. Order these FOSS / CAIPS notes and maybe you can figure out why your application was transferred to the local office. If you need an immigration lawyer later, you'll need these notes.

Praying for you.

 

[bigDlittleD]

bigDlittleD,

Thank you soooo very much for putting my mind at ease. I owe you a big drink so if you are ever in Montreal, just PM me and we will arrange it.



I will let you know how it goes on Wednesday.

I would totally love that! Good luck, and enjoy the last few days as a 'visitor'!

 

[Dorina]

I would totally love that! Good luck, and enjoy the last few days as a 'visitor'!

Thank you . I sent you a message, hope you can check it .

 

[charmainefrances]

Hi,

Yes, I know the situation you are in, and it is a difficult choice. I completely understand the family loyalty you feel. Since the Philippines is NOT a visa-exempt country, you need to apply for a Temporary Resident Visa to return. Apply at the nearest Canadian consulate to you by mail or in person. Each of these consulates have their own specific requirements and fees so do this immediately and see if you will be approved. If you make the choice to leave, please make sure your current Work Permit also stays valid through your return date.

You should be concerned that your file was transferred without AIP and OWP. Leaving now would be a huge risk. There are long wait times before and after your interview, and your timeline will be longer. After your appointment, and make sure you're prepared as hell to prove the validity of your relationship (bank statements, file your tax returns as a married couple, life insurance, pictures, BRING IT ALL), the officer can decide to give you AIP at that time, or you might have to wait a little longer. I would recommend not leaving until you have AIP, but if your mother is very sick, you must make that decision. It comes down to a personal choice at this point because as you have the longer timeline, your mother's condition may/may not improve.

My husband and I made the choice to leave the country for a family emergency - but we had AIP and OWP - to see his grandmother while she is still stable. It was a decision with huge risk and consequences (I would have had to leave my son with my husband if he could not return with me since I would have to work more than full-time to support us and there would be no one to care for him here), but we do not regret seeing her and spending time with her and the rest of the family. It was harder since my husband was not from a visa-exempt country, so he needed a Temporary Resident Visa to return, which is granted upon the condition that he is likely to return to his home country, even though he built his life here in Canada with me. DUAL INTENT does NOT apply to in-land spousal sponsorship. If you applied for spousal sponsorship using the out-land process, there may be a chance you will be approved if you could prove dual intent.

To be approved for a Temporary Resident Visa (TRV), my husband had to submit any ties he had to his home country (despite living in Canada with me for the previous 3 years!). We submitted photocopies of: his mother's national ID card, his grandmother's/grandfather's national ID card, our son's passport, because he has dual citizenship, bank statements from before he came to Canada, letters sent to him to his address there in his country, all the receipts of money we'd sent over the last 3 years, and hospital letters saying his grandmother was very sick, proof that our PR application is pending with CIC. I'd included a personal letter describing our situation saying that we needed to leave before the in-land process was finalized since it could takes a few more months to years to complete, and that we would like our son to meet his cousins and learn the language because we intend to send him to school there in the future.

Looking back and reading my FOSS / CAIPS notes - if you do not know what that is, FOSS notes are copies of every document you'd ever sent to CIC for in-Canada applications, and the notes put on your file by that particular Immigration Officer. CAIPS notes are notes made on your file by Immigration Officers for consulates outside of Canada. You can order this anytime for free, but you must download the form from the CIC website and it will take about 6 weeks to process. The IO at the Canadian Consulate in Sao Paulo approved our application for a TRV and said "Now FC-1 stage one approved. Appears RCMP pending. Visiting Brazil with wife and Canadian-born son. Although truly not a visitor to Canada benefit of doubt warranted. TRV issued."

Anyway, huge risk, and we were lucky I think.

Let me know how it goes, and always be informed of your immigration process. Order these FOSS / CAIPS notes and maybe you can figure out why your application was transferred to the local office. If you need an immigration lawyer later, you'll need these notes.

Praying for you.

Thank you so much! this really helped me a lot! yes it is big decision to make but I'd rather go home and see my mom than wait for this very long process which is so unfair You know, I even called the office of our MP and I can't even book an appointment with him because the secretary doesn't think that our case is that important and that made me sad. It is just so sad that after paying taxes here for almost 3 years now, I can't even get a good service

I wanna thank you because you gave me answers based on your true experience...God bless you!