Sponsership in progress, but want to travel.

[Jeanne0130]

Hi

I am the sponsor for my husband. He is currently working in Canada and holds a valid working permit and a temporary resident visa. We mailed our application for spouse sponsorship in November of 2012. We have now pass the first stage. We are planning to travel back to China for 2 weeks in February. However, I called the immigration hotline asking abut our situation the agent just says that my husband is not guarantee to be re-enter Canada. Is that true? We have booked our hotels and flight tickets already. I am very confused and frustrated now! Please help answer my question!

Thx

 

[Sweden]

Hi

I am the sponsor for my husband. He is currently working in Canada and holds a valid working permit and a temporary resident visa. We mailed our application for spouse sponsorship in November of 2012. We have now pass the first stage. We are planning to travel back to China for 2 weeks in February. However, I called the immigration hotline asking abut our situation the agent just says that my husband is not guarantee to be re-enter Canada. Is that true? We have booked our hotels and flight tickets already. I am very confused and frustrated now! Please help answer my question!

Thx

Hey,

did you apply inland or outland?

If you applied inland, the applicant is supposed to stay in canada the whole time during the application process. So you're not supposed to leave the country, even for holidays. It's one of the main issue with inland applications. When you cross the border, the border officer might see that you have apply for inland PR and could deny entry, based on the fact that you were not supposed to leave in the first place. You could also get lucky and not have any troubles, but I wouldn't risk it - because if your husband is refused entry, his inland application will be deemed abandoned, and you would have to start all over again from scratch, outland application.

If you applied outland ( which I suppose is the case because you have passed the first stage, and that would be too quick for inland!), the applicant is free to be anywhere in the world, including Canada. As such, he is allowed to travel. There is never any guarantee that he will be let back into Canada - but that's not because of the PR application, it's true for any type of visa to a country - it allows entrance, but never guarantees it! However, with a valid working permit, a resident visa and a PR application already filed ( bring proofs of that, copy of the approval email/letter for example), It's unlikely that your husband would be refused entry - but it can always happen.

Good luck,
Sweden

 

[truesmile]

Yup! Even with our 'outland' application, we didn't dare leave the country until "landing" papers were within striking distance. So conservatively so, that our return ticket is not until Feb 2, and yet got visa and COPR this morning.

 

[Jeanne0130]

Thanks for your reply

My husband is in Canada right now we have applied for the inland application.

We have some family emergency that we need to go back for two weeks. Do you know there is any way that we can go back?

 

[Sweden]

UNfortunately not. This is one of the main "drawback" of inland application - inability to travel, for the whole processing time. here is what CIC website states:

Leaving Canada can automatically cancel temporary resident status as a visitor, student or worker.

The person being sponsored has no guarantee that he or she will be permitted to return or re‑enter Canada if he or she leaves before permanent residence is approved. This is especially true if a Temporary Resident Visa is required to enter Canada.

even for family emergency... so if you do decide to travel, it might mean that your husband won't be let back into the country (also because you have applied and already got the first stage, so the border officer will be able to see that you have an inland PR application being processed, and might deny you on that ground).

Sorry for the bad news,
Sweden

 

[Jeanne0130]

Even with valid work permit and temporary visa?
I called the call center before like 2 months ago and asking them about going out of Canada for 2 weeks is it possible and the agent told me that if my husband has valid working visa and temporary visa it should be okay for him to re- enter Canada while sponsorship in progress.

This is very confusing!

 

[Sweden]

Even with valid work permit and temporary visa?
I called the call center before like 2 months ago and asking them about going out of Canada for 2 weeks is it possible and the agent told me that if my husband has valid working visa and temporary visa it should be okay for him to re- enter Canada while sponsorship in progress.

This is very confusing!

if you had applied outland, then yes, your husband is allowed to go in and out of the country ( and you could apply outland even if he is in Canada already with a valid work permit). But not with inland - the website is clear about that. You might get lucky at the border, but it's only luck, and it's quite a big risk as it would jeopardize your application.

Sweden

 

[blessedelaine]

Id rather stay inside Canada and not take the risk....

 

[Jeanne0130]

I've bought the air tickets and everything! My husband is the only income that we have and I'm a housewife taking care if our son. His current job is in Canada with valid WP & Temporary resident visa. Will there be a slight chance that the immigration officer will give my husband the re entry?

 

[chipits]

I've bought the air tickets and everything! My husband is the only income that we have and I'm a housewife taking care if our son. His current job is in Canada with valid WP & Temporary resident visa. Will there be a slight chance that the immigration officer will give my husband the re entry?

He might, but he also might not, in which case you'll be out the application fee you've already paid. You'll have to pay it all again, which will almost certainly cost you more than a return trip to China, not to mention you'll have to be apart from him for the ten months or so it will take to do an application through Beijing.

It was clearly written in the application guide that if you apply inland you shouldn't leave the country while the application is ongoing. You can try, but I wouldn't risk it, especially if your husband is the sole breadwinner for your family.

 

[darwinwap]

Hi

I am the sponsor for my husband. He is currently working in Canada and holds a valid working permit and a temporary resident visa. We mailed our application for spouse sponsorship in November of 2012. We have now pass the first stage. We are planning to travel back to China for 2 weeks in February. However, I called the immigration hotline asking abut our situation the agent just says that my husband is not guarantee to be re-enter Canada. Is that true? We have booked our hotels and flight tickets already. I am very confused and frustrated now! Please help answer my question!

Thx

How is it that you passed first stage already if you applied November of 2012? Most of July and August 2012 applicants havent received 1st stage yet? Maybe you just got the AOR and not AIP?