PR card for my fiance

[usha22]

Hello everyone...

This forum was always considered a great place for every aspirant looking for a great life in Canada. Now the question is about my fiance's PR application.

I stay in India and my fiance had applied for Permanent Residentship close to 9 months ago and his application is still being seen as UNDER PROCESSING. I'm very much disappointed to see this bcoz its been so long that he had submitted the application with all the necessary documents, still the application is not processed. We are not able to understand the reason behind this. His work permit got expired few months ago. Many of our personal works are stuck bcoz of this delay including our marriage. I would like to know few things...

1. Can my fiance leave Canada while his application is being processed? If yes, then how?
2. What if the processing time takes more than a year? What should be our next step?
3. Is it not possible for him to leave Canada atleast for few days citing personal reasons?

Kindly help us with your valuable suggestions bcoz both our lives are dependent on this.

 

[scylla]

Hello everyone...

This forum was always considered a great place for every aspirant looking for a great life in Canada. Now the question is about my fiance's PR application.

I stay in India and my fiance had applied for Permanent Residentship close to 9 months ago and his application is still being seen as UNDER PROCESSING. I'm very much disappointed to see this bcoz its been so long that he had submitted the application with all the necessary documents, still the application is not processed. We are not able to understand the reason behind this. His work permit got expired few months ago. Many of our personal works are stuck bcoz of this delay including our marriage. I would like to know few things...

1. Can my fiance leave Canada while his application is being processed? If yes, then how?
2. What if the processing time takes more than a year? What should be our next step?
3. Is it not possible for him to leave Canada atleast for few days citing personal reasons?

Kindly help us with your valuable suggestions bcoz both our lives are dependent on this.

1. It's hard to answer that question without knowing how he applied for PR (through which stream). However generally speaking, yes - he can certainly leave Canada.
2. There's really nothing you can do but wait. Processing can certainly sometimes take more than a year.
3. See answer to #1 above.

 

[usha22]

1. It's hard to answer that question without knowing how he applied for PR (through which stream). However generally speaking, yes - he can certainly leave Canada.
2. There's really nothing you can do but wait. Processing can certainly sometimes take more than a year.
3. See answer to #1 above.

Hi Scylla,

Great to see your reply. He applied under CEC class and he is currently working there. As you mentioned that he could leave Canada, can you please tell me the possible way because when we spoke to the immigration lawyer through whom we had applied for the PR informed us that it's very risky to leave Canada while the application is under processing and the application may get rejected on this basis. What do u want to say about it?

Thanks again

 

[scylla]

Hi Scylla,

Great to see your reply. He applied under CEC class and he is currently working there. As you mentioned that he could leave Canada, can you please tell me the possible way because when we spoke to the immigration lawyer through whom we had applied for the PR informed us that it's very risky to leave Canada while the application is under processing and the application may get rejected on this basis. What do u want to say about it?

Thanks again

Yes - he can leave Canada.

He would simply get on a plane and leave. Leaving Canada is not a basis for rejection for the CEC application. The application will continue to be processed while he is outside of Canada.

 

[usha22]

Yes - he can leave Canada.

He would simply get on a plane and leave. Leaving Canada is not a basis for rejection for the CEC application. The application will continue to be processed while he is outside of Canada.

We are worried about his return to Canada. When he returns to Canada after his visit to India, since his work permit expired how can he get back to Canada? Will not the immigration officer stop him asking for a valid permit? Currently he is allowed to stay and work in Canada only because he had applied for PR while his work permit was active and his PR application is under processing. Now even that work permit got expired. Apart from the PR application which is under processing, he doesn't have any other valid document to return to Canada. With what reason can he enter Canada?

 

[scylla]

We are worried about his return to Canada. When he returns to Canada after his visit to India, since his work permit expired how can he get back to Canada? Will not the immigration officer stop him asking for a valid permit? Currently he is allowed to stay and work in Canada only because he had applied for PR while his work permit was active and his PR application is under processing. Now even that work permit got expired. Apart from the PR application which is under processing, he doesn't have any other valid document to return to Canada. With what reason can he enter Canada?

He needs to apply for a TRV to be able to return to Canada.

 

[usha22]

He needs to apply for a TRV to be able to return to Canada.

Can he apply for TRV from Canada before leaving to India? What are the chances for the approval?

 

[21Goose]

Can he apply for TRV from Canada before leaving to India? What are the chances for the approval?

If his work permit has already expired, then he cannot apply from within Canada. He would have to leave and apply from outside.

 

[canuck_in_uk]

We are worried about his return to Canada. When he returns to Canada after his visit to India, since his work permit expired how can he get back to Canada? Will not the immigration officer stop him asking for a valid permit? Currently he is allowed to stay and work in Canada only because he had applied for PR while his work permit was active and his PR application is under processing. Now even that work permit got expired. Apart from the PR application which is under processing, he doesn't have any other valid document to return to Canada. With what reason can he enter Canada?

Applying for PR does NOT grant status. If he didn't apply for a BOWP or to change his status to visitor, he is now out of status. If he continued working, that was illegal work.

 

[usha22]

Applying for PR does NOT grant status. If he didn't apply for a BOWP or to change his status to visitor, he is now out of status. If he continued working, that was illegal work.

So, there is no chance of him coming to India before the PR application gets processed completely

 

[21Goose]

So, there is no chance of him coming to India before the PR application gets processed completely

You should first make sure he isn't working illegally. If he didn't apply for a BOWP before his work permit expired (doesn't sound like he did), then he is working illegally and needs to stop immediately. His PR can easily be rejected if he's not following the conditions on his work permit and he can be asked to leave Canada and could possibly be banned for a year or more.

Once you know that he isn't working illegally, then you can decide whether it's worth the risk of leaving Canada before getting PR. If he leaves and doesn't get a TRV, then he will have to wait till he gets the PR.

 

[canuck78]

Guessing you may have planned a wedding thinking he would have PR at this point.

 

[scylla]

So, there is no chance of him coming to India before the PR application gets processed completely

It's hard to answer your questions without knowing the full details.

Normally, PR will not be processed through an economic immigration stream if someone is out of status in Canada. It's not at all clear from your posts what his status is in Canada at this time. This makes it very difficult to answer your questions.