Travelling home for Christmas

[cesspoolx]

We are currently 15 months waiting now for our family sponsorship and my wife currently has a visitors visa,
and an open work permit pending approval. She would like to go home to Czech Rep for christmas.
Is it possible for her to fly back home for a month without screwing up the sponsorship application?
The Czech republic doesn't require visitors visa.

Tried calling the call centre but that telephone system is long winded and keeps dropping my calls.
Anyone have any help for me?

Thank you!

 

[andrew-brit]

We are currently 15 months waiting now for our family sponsorship and my wife currently has a visitors visa,
and an open work permit pending approval. She would like to go home to Czech Rep for christmas.
Is it possible for her to fly back home for a month without screwing up the sponsorship application?
The Czech republic doesn't require visitors visa.

Tried calling the call centre but that telephone system is long winded and keeps dropping my calls.
Anyone have any help for me?

Thank you!

I assume you applied inland. If so you risk your wife not being allowed back into Canada and if that happens the application will be refused/dropped by CIC.

 

[cesspoolx]

Yes it is inland. Do you know of any options for us?

 

[Kayaker]

The only option is, taking the risk.

The risk may not be huge, but it is a risk. Unfortunately it is CBSA that decides, so CIC cannot help you there. Also, it is up to the discretion of the CBSA officer who sees your wife when she tries to re-enter Canada, so no one can give you any guarantees about what will happen.

But if her application is scrapped, she can apply again. Even if she is denied re-entry at the border, nothing says she cannot submit a new application. Since she will be submitting it Outland, it should be quicker than the amount of time she has already waited.

 

[Ponga]

Yes it is inland. Do you know of any options for us?

The honest answer is that nobody can say whether or not your wife would be granted re-entry into Canada. It is entirely the discretion of the CBSA officer that she encounters upon re-entry.

Being from a visa-exempt country and having proof of an Inland application in process is good, but that alone doesn't guarantee anything.

 

[screech339]

As others have mentioned. The element of risk is there no matter how small. The decision is up to you. Do you want to take the risk. If you intend to take the risk and travel to Czech Rep for Christmas, the odds of refusal is much smaller if you were to travel with your wife and re-enter with your wife same time. It makes it a little harder on the CBSA to deny your wife back in with you there in front of him/her. The odds are still low but greater if your wife travels alone back and forth. Without you being there, it is "easier" for an agent to be "cold hearted" and deny her back in.

Screech339

 

[cesspoolx]

Thanks for the help everyone. It sounds like there is no real guarantee of going without risk.
Are there any resources that I can do some research?

 

[Ponga]

Thanks for the help everyone. It sounds like there is no real guarantee of going without risk.
Are there any resources that I can do some research?

You might try calling CBSA and hearing what they say.

AFAIK, it really does boil down to the officer (and his/her assessment of the person) when they present themselves for inspection.

Since a person is not legally allowed to live in Canada, just because they have a pending PR application, it's possible that your wife would be questioned about her ties to her home country. If she can't convince the officer that she really isn't living in Canada [yet], that could be the crux of the problem.

 

[screech339]

Had your wife gotten her OWP before going on her trip, it makes it a little easier to re-enter Canada. Doesn't means you get in 100% with OWP but makes it harder for CBSA to deny her re-entry.

 

[screech339]

When I moved back to Canada from US, I had my 2 kids and wife with me in the car. My wife is from non-visa exempt country. Only has a TRV visa in her passport with only a couple months left of validation before it expires. Mind you I told them at border that I am moving back to Canada before any PR paperwork even started. Told them I am intending to sponsor my wife for PR.

They let us in with no issues. Just told me to submit the PR application and visitor extension together. They even had "PR spousal sponsorship in progress" written on my wife's visitor record even though I had done no paperwork yet.

Had my wife come in by herself, I would not be surprised to see them deny my wife entry. I couldn't take the chance. I had to be there with her to give leverage to my wife to enter Canada.

Screech339

 

[cesspoolx]

We have applied for open work permit last month, but it is still being processed.
All I have for proof for that is a receipt of payment and a screenshot of our GCKey account saying it is in the works.

 

[MaryLou6]

We have applied for open work permit last month, but it is still being processed.
All I have for proof for that is a receipt of payment and a screenshot of our GCKey account saying it is in the works.

Do you have your AIP already?

 

[Ponga]

When you say that the OWP is "still being processed", does that mean that you have already received AIP (Approval in Principle), which is when a person is eligible to apply for an OWP? If you have NOT received AIP, the OWP is NOT being processed (yet).

If you have received AIP, that could help her convince CBSA to allow her to re-enter, because AIP means that she has an approved sponsor.

 

[cesspoolx]

We have received letters saying that I am eligible to sponsor my wife, and she meets the eligibility requirements for permanent residence. And in the letter it says that she should apply for an open work permit.
The open work permit should arrive any day now according to the cic website.