Spousal Sponsorship in-land Applications 2016 timeline and updates

[browning911]

This is true -- but it's generally not a good idea to travel while your application is in process. You run the risk of having an immigration officer at the border revoking it due to it being abandoned.

Yes, I read on this forum that your inland spousal application can be cancelled if you are refused entry so it is advisable not to take a chance, even for vacation, and leave until PR is approved. People have done it and been allowed to enter but as Profiler said it it at the discretion of the immigration officer so you can never be 100%.

So I guess we can only travel within Canada since I am risk averse.

 

[browning911]

I am posting this in here for persons who join this thread after and will be reading from beginning to end:

OWP Fees:

Total OWP fee is CAD$255.00

Consequences of Underpayment of OWP Fees

You must wait for CIC to either return your OWP, or ask for additional payment.

For the record, the vast majority of people have their OWP application returned.

If this in fact happens, and you're close to losing your legal status, this could be a disaster!

 

[polarvolcano]

This is true -- but it's generally not a good idea to travel while your application is in process. You run the risk of having an immigration officer at the border revoking it due to it being abandoned.

I disagree. This is only the case for people in a precarious or fraudulent situation. Leaving the country for a trip does not render your application abandoned. If you have the proper documentation and especially if you have a work permit I don't see what would make you become inadmissible for going on vacation. Unless maybe if you vacation in Syria or Yemen.

Anyway, I've already been on two trips since this PR was in process and am going for another in October. It is senseless to have a self-imposed 2-year confinement for no reason other than paranoia. It makes me crazy to hear of people not going home for a funeral or a wedding or something because they are worried about this. Canada is nice and the CBSA are reasonable people.

 

[profiler]

To follow-up browning911's excellent cross-post, when you go to pay your fees here: http://www.cic.gc.ca/english/inFORMation/fees/index.asp

For the OWP select your country of origin, then 'Work Permit' under Temporary Residence from the list. You will see a table on the next 'screen' that will show what you should pay.

Work Permit: C$ 155
Open Work Permit Holder: C$ 100

For Inland PR applications:
Sponsorship application (per application) C$ 75
Principal applicant (spouse or common-law partner) C$ 475 (unless the fee is for a dependant, then follow the instructions on the table)

You should also consider paying the Right of Permanent Residence Fee (RPRF) - not Express Entry (from the list of 'What are you paying a fee for?':
Getting your permanent resident status C$ 490

 

[profiler]

I disagree. This is only the case for people in a precarious or fraudulent situation. Leaving the country for a trip does not render your application abandoned. If you have the proper documentation and especially if you have a work permit I don't see what would make you become inadmissible for going on vacation. Unless maybe if you vacation in Syria or Yemen.

Anyway, I've already been on two trips since this PR was in process and am going for another in October. It is senseless to have a self-imposed 2-year confinement for no reason other than paranoia. It makes me crazy to hear of people not going home for a funeral or a wedding or something because they are worried about this. Canada is nice and the CBSA are reasonable people.

The information provided was stating that you ran the risk of the application being abandoned, if you were unable to re-enter. Which can happen for many reasons. The information was provided to me by an immigration lawyer, but is also available here: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=248&top=28

 

[polarvolcano]

The information provided was stating that you ran the risk of the application being abandoned, if you were unable to re-enter. Which can happen for many reasons. The information was provided to me by an immigration lawyer, but is also available here: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=248&top=28

I deem this to be of extremely low risk, so low that I am more worried about the plane crashing or some other force majeure. I am also a risk-averse person. I believe there is an undue amount of worry placed on this particular item especially considering the length of time required for the PR process and am only trying to present an alternative view to the lawyer who is not able to say that there is zero risk.

The main info I get from that CIC link is that if I have all of the required documents to enter Canada, I am fine. I am not of the belief that there are many reasons in my case where I would be denied re-entry. Of course everyone is free to make their own choices but I don't like people to think that they are trapped.

 

[CDNPR2014]

The main info I get from that CIC link is that if I have all of the required documents to enter Canada, I am fine. I am not of the belief that there are many reasons in my case where I would be denied re-entry. Of course everyone is free to make their own choices but I don't like people to think that they are trapped.

CIC can say all they want on their website. The bottom line is, they do not make the determination about whether you are allowed entry into Canada. That is in the hands of CBSA, and I doubt CBSA will take too kindly to someone showing them what CIC "says" they can do. They certainly are not going to care. They care about how a person presents themselves and what answers they give in that moment. While I agree the risk is low to leave for short trips, if a CBSA officer doesn't like someone's answers to their questions or has reason to be suspicious of whether the person is a true visitor, they have every right to deny entry. If a person can show a valid work permit or visa, then the risk is much lower. every entry is separate, and just because someone had no issue returning once, it does NOT mean there isn't a chance there won't be an issue in the future.

Also, the application can be rejected if CIC sees a person went on an extended trip, which means they were not cohabitating or living with their sponsor during that time - which is one of the main requirements for being approved as an inland applicant. So taking 2+ month long trips without the sponsor is not advised for this reason.

Does all of this mean people need to be afraid of CBSA and not travel at all. No, it means people need to be aware, be prepared and limit the time away from their spouse.

 

[Ringlands]

Mine was issued to me on August 02 and it STILL has not arrived in the mail. I am in Edmonton so it should have been here within days. My 6 weeks is up on Tuesday....hopefully you are not in the same boat as me because having to wait an extra 6 weeks is incredibly frustrating.

so frustrating!!! let us know what happens and if you have to call to chase it, be interesting to see if they just 'send another one'!!

 

[pedropil]

CIC can say all they want on their website. The bottom line is, they do not make the determination about whether you are allowed entry into Canada. That is in the hands of CBSA, and I doubt CBSA will take too kindly to someone showing them what CIC "says" they can do. They certainly are not going to care. They care about how a person presents themselves and what answers they give in that moment. While I agree the risk is low to leave for short trips, if a CBSA officer doesn't like someone's answers to their questions or has reason to be suspicious of whether the person is a true visitor, they have every right to deny entry. If a person can show a valid work permit or visa, then the risk is much lower. every entry is separate, and just because someone had no issue returning once, it does NOT mean there isn't a chance there won't be an issue in the future.

Also, the application can be rejected if CIC sees a person went on an extended trip, which means they were not cohabitating or living with their sponsor during that time - which is one of the main requirements for being approved as an inland applicant. So taking 2+ month long trips without the sponsor is not advised for this reason.

Does all of this mean people need to be afraid of CBSA and not travel at all. No, it means people need to be aware, be prepared and limit the time away from their spouse.

What if traveling outside Canada together with your spouse? for 2 weeks to have a vacation just like the normal couples do. your returning with reentry visa with OWP. of course for the visa exempt countries are more convenient.

 

[profiler]

What if traveling outside Canada together with your spouse? for 2 weeks to have a vacation just like the normal couples do. your returning with reentry visa with OWP. of course for the visa exempt countries are more convenient.

If you leave you'd have to re-enter on a visitor visa.

 

[Ringlands]

CIC can say all they want on their website. The bottom line is, they do not make the determination about whether you are allowed entry into Canada. That is in the hands of CBSA, and I doubt CBSA will take too kindly to someone showing them what CIC "says" they can do. They certainly are not going to care. They care about how a person presents themselves and what answers they give in that moment. While I agree the risk is low to leave for short trips, if a CBSA officer doesn't like someone's answers to their questions or has reason to be suspicious of whether the person is a true visitor, they have every right to deny entry. If a person can show a valid work permit or visa, then the risk is much lower. every entry is separate, and just because someone had no issue returning once, it does NOT mean there isn't a chance there won't be an issue in the future.

Also, the application can be rejected if CIC sees a person went on an extended trip, which means they were not cohabitating or living with their sponsor during that time - which is one of the main requirements for being approved as an inland applicant. So taking 2+ month long trips without the sponsor is not advised for this reason.

Does all of this mean people need to be afraid of CBSA and not travel at all. No, it means people need to be aware, be prepared and limit the time away from their spouse.

To be honest, its such a long haul of a process and so many if's and but's and unclear 'rules' i really dont think it's worth the risk. I'm missing/have missed my mum's wedding and relative passing away and the process isnt over yet, god knows what more ill miss i know it's my fault for wanting to be in Canada but its a harsh world....

 

[polarvolcano]

To be honest, its such a long haul of a process and so many if's and but's and unclear 'rules' i really dont think it's worth the risk. I'm missing/have missed my mum's wedding and relative passing away and the process isnt over yet, god knows what more ill miss i know it's my fault for wanting to be in Canada but its a harsh world....

Sorry to hear that, my friend. I hate this kind of story.

 

[polarvolcano]

If you leave you'd have to re-enter on a visitor visa.

Of course. That's not a problem. It's not like you try to pretend that you are 'visiting a friend' in Canada. You just show them the visa and the work permit.

 

[pedropil]

Of course. That's not a problem. It's not like you try to pretend that you are 'visiting a friend' in Canada. You just show them the visa and the work permit.

I agree. Basically the first thing the immigration officer gonna check if you are security risk and going to be a head ache of their government like asking for social assistance or ending up a homeless or something. But since you have work permit, probably a job with company ID, health card plus the visa to enter, i think your gonna be good.

 

[sipfarms]

I deem this to be of extremely low risk, so low that I am more worried about the plane crashing or some other force majeure. I am also a risk-averse person. I believe there is an undue amount of worry placed on this particular item especially considering the length of time required for the PR process and am only trying to present an alternative view to the lawyer who is not able to say that there is zero risk.

The main info I get from that CIC link is that if I have all of the required documents to enter Canada, I am fine. I am not of the belief that there are many reasons in my case where I would be denied re-entry. Of course everyone is free to make their own choices but I don't like people to think that they are trapped.

Totally agree polarvolcano. Travelled back home for wedding for two weeks even before OWP extension was approved and had no problem whatsoever. Did apply for TRS before re-entry though. Border officers didn't blink an eye. Each individual has to way up pros & cons of their situation but I also don't like people to think they are trapped.