Travelling home while inland PR

[Line.a]

I know this has been talked about a fair amount, but my mind is ripped in two right now.
The issue is that my parents are willing to pay me a ticket back home to visit them, everything on their behalf, which is great because our money situation isn't the greatest with me not working, so the chance for it is amazing - also because I haven't received my OWP yet. But we got AIP last month.

I am scared, however. I had a warning once I traveled to Calgary (that was way back in November 2011) and I managed to flagpole whilst obtaining my IEC after, and had no issues with my inland pr so far, but the fact that the officer who dealt with me, gave me a hard time in an office with closed doors and that warning, said that I'd get in trouble coming into Canada again. So I don't know if I should take the chance.

I was wondering if any of you who know about this, could help me?

 

[Bright_skies]

I know this has been talked about a fair amount, but my mind is ripped in two right now.
The issue is that my parents are willing to pay me a ticket back home to visit them, everything on their behalf, which is great because our money situation isn't the greatest with me not working, so the chance for it is amazing - also because I haven't received my OWP yet. But we got AIP last month.

I am scared, however. I had a warning once I traveled to Calgary (that was way back in November 2011) and I managed to flagpole whilst obtaining my IEC after, and had no issues with my inland pr so far, but the fact that the officer who dealt with me, gave me a hard time in an office with closed doors and that warning, said that I'd get in trouble coming into Canada again. So I don't know if I should take the chance.

I was wondering if any of you who know about this, could help me?

Up to you, there is no answer. You would risk being denied at the border and throwing AIP away.

 

[scylla]

Agreed. It's entirely your choice.

You know that leaving carries some risk. So the question you have to ask yourself is are you OK with that risk and the possibility of starting the sponsorship process again outland?

 

[QuebecOkie]

Is the offer from your parents a now-or-never, take-it-or-leave it offer? I'd imagine they could set the money aside and wait for a time when you're able to visit without the risk of throwing away the time, money, and stress you've put into the PR application process so far. As you know, I'm American, and though I missed my family like crazy and knew the odds of a problem were low, I couldn't bring myself to risk my inland app. If I'd have had to start all over again, it would have plunged me into a black depression.

I wouldn't if I were you, but that's just me, and I know I'm pretty highly risk-adverse.

 

[corbs]

If you're going to leave the country they I would at least wait until you have your OWP in hand. If you're from a visa exempt country and have a work permit I would imagine your chances of being denied are quite slim. But it's a risk only you can decide to take.

 

[screech339]

As others have given advice, I would go with corbs' advice. Wait until you have your OWP in hand. This will greatly reduce the chance of being denied back into Canada before you venture out of Canada. If you intend to leave Canada to US, the more documents you have on you, like your AIP letter and OWP give you more ammunition in making Canada to let you back in. The risk is still there but small, especially coming from US. This is strictly based on those who posted that they were able to re-enter Canda without any issues. These posts came from those who have OWP in their possession coming from both non-visa and visa exempt countries.

Screech339

 

[Line.a]

Thanks guys. This means a lot. QuebecOkie I hope they will, I don't see why not, since I'm feeling apprehensive about this! So even with that warning, that doesn't matter anymore then?

Also, still no OWP at all. I'm gonna call in a week or so, since the call centre guy said that they could resend one on the 19th. I just hope he's right!

Once again, thanks everybody!!

 

[Alurra71]

Do also try to keep in mind Line.a that your previous encounter with CBSA was not while you had a sponsorship application in the works. They can in fact see these things on their systems, and do tend to not give you too much of a hard time because they know what will happen to your application if they refuse you. That being said, you can never know for sure the mood or attitude of your CBSA agent the day you come back and they might not give a flying rat's a$$ what is going on. And we all know, if they are having a miserable day, they can and will try to take you with them, sadly!

I would weigh my options carefully before making a decision. You have come so very far now. You are almost to the finish line. My feelings are personally that you will probably get your DM answer before they even get around the re-issuing your OWP. I'm just going with 2012/13 trend to date.

 

[corbs]

Yeah when did you do you medical? You got AIP before me right?

 

[Ponga]

I know this is old news, but here it is in writing from CIC:

Applicants who leave Canada before a final decision is taken on their application for
permanent residence
An applicant’s departure from Canada after the application is stamped as received or after assessment of eligibility for membership in the spouse or common-law partner in Canada class may affect their ability to become a permanent resident.
A foreign national becomes a permanent resident, if following an examination, it is established that they meet the selection criteria and other requirements applicable to that class as per R72(1)(d).
Foreign nationals are not provided with any guarantees that they will be allowed to return to or re- enter Canada. If they are unable to do so, their application for permanent residence may be refused because they are not cohabiting with their spouse or common-law partner at the time the case is finalized [R72(1)(d) and R124(a)].
It may therefore be appropriate to counsel applicants who are outside Canada to withdraw their spouse or common-law partner in Canada class application and submit a new application for a permanent resident visa to the CPC-Mississauga (CPC-M).

So, at this stage, if you leave...CBSA has ALL of the power.

Too bad those with proof of an Inland application couldn't be guaranteed re-entry: problem solved!

 

[Bright_skies]

I know this is old news, but here it is in writing from CIC:

Applicants who leave Canada before a final decision is taken on their application for
permanent residence
An applicant's departure from Canada after the application is stamped as received or after assessment of eligibility for membership in the spouse or common-law partner in Canada class may affect their ability to become a permanent resident.
A foreign national becomes a permanent resident, if following an examination, it is established that they meet the selection criteria and other requirements applicable to that class as per R72(1)(d).
Foreign nationals are not provided with any guarantees that they will be allowed to return to or re- enter Canada. If they are unable to do so, their application for permanent residence may be refused because they are not cohabiting with their spouse or common-law partner at the time the case is finalized [R72(1)(d) and R124(a)].
It may therefore be appropriate to counsel applicants who are outside Canada to withdraw their spouse or common-law partner in Canada class application and submit a new application for a permanent resident visa to the CPC-Mississauga (CPC-M).

So, at this stage, if you leave...CBSA has ALL of the power.

Too bad those with proof of an Inland application couldn't be guaranteed re-entry: problem solved!

They say "before a final decision is made"- I guess that is when the applicant lands, not the positive DM? Does anyone know about traveling with your spouse after DM before landing? Probably the same risk, eh?

 

[rjheard]

Hi i was reading on this post... I will be sponsoring my wife. We will send the application on March but we have to travel out of the country for two weeks for her brother's wedding. I've called CBSA and CIC but no one could guve a definite answer. They only mentioned that it will be a risk... Would like to ask all of you who have similar experience, have you ACTUALLY Went out of Canada and got any troubles coming in back beside the assumptions? Because it will be heartbreaking for her not to be able to attent the wedding and to wait the application to be post way after the wedding...Both of us do not wish to wait too long and unemployed.

 

[Rob_TO]

I've called CBSA and CIC but no one could guve a definite answer.

You won't get a definitive answer because there is none. It depends entirely on the immigration officer your wife encounters when trying to return to Canada.

If everything goes ok then they'll see she has a valid visitor visa, and will allow her back into Canada no problem.
If things don't go ok, the officer may deny entry based on some reason. In this case her inland app would be cancelled. Its entirely up to you if you want to take the risk. Just because others had positive or negative experiences with this, doesn't mean you will too as every time trying to enter Canada is a bit different.