Travelling outside of Canada during inland application

[Freddycyr]

Good day, I am a Canadian citizen and my common-law partner comes from the Netherlands.

As of now, my common-law partner is cohabiting with me in Canada under her working holiday visa and we have recently sent our Application for spouses or common-law partners currently living in Canada applying under the Spouse or Common-Law Partner in Canada class which was received in early December.This being said, she is planning to go see her family soon for about two weeks and will be returning to Canada by the end of January.

Now here is the issue; Her working holiday visa is set to be closed in the beginning of February.

Here is my question; Will there be any issues at the borders when she will be returning to Canada knowing that her working holiday visa is about to expire even tough we applied for an inland spousal sponsorship?

p.s.: I am aware that it is somewhat of a risk but i hope to know more of what our odds are here (for if she can or cant re-enter based on our situation).

Thank you very much for your time and help.

 

[starnaenae]

No one can say deifnitvely if there will be issues when crossing the border. Do know however, if she is denied your application is automatically cancelled and there is no chance to appeal.

Applying for inland sponsorship actually gives her no legal status in Canada. If an OWP was applied for at the same time she will have implied status until a decision is made. If howecer, the PR and OWP app is returned for some reason and she has no valid status, she will have to restore her status BEFORE resending the application

 

[Freddycyr]

We did apply for a OWP within the inland sponsorship, does that give her that legal status even when she travels outside of Canada? The way I see it is that she would still be respecting her current status that falls under her working holiday visa, which is still technically valid during that timeframe. But then again, I am still uncertain.

 

[Wakki]

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=248&top=28

 

[Freddycyr]

I have already seen this article Wakki but thank you. Actually, there is a vague part in that link that worries me when it says;

• you left and cannot return to Canada

Does that mean you cannot return to Canada based on their decision (the borders) or based on external issues not connected to this?

It seems that we are respecting all the requirements that are asked of us. But the concern for me lies in the fact that we are so close to her working holiday visa expiry date and im wondering if this is going to play a part in her ability to re-enter.

 

[Wakki]

your visa allows you to get to the entry point.....your entry to Canada is not a right but a privilege.....permission to enter Canada could be disallowed if the visa officer at the border for whatever reason decides to disallow entry........visa exempt travelers although unlikely but not impossible to be denied entry.....so their is that little possibility.

 

[Freddycyr]

Got it.. Thank you. Last question; would it be worth it to call the border offices to seek information about this situation or its subject to the individual visa officer reviewing at the time?

 

[Wakki]

its up to you

 

[NHLNFL]

Got it.. Thank you. Last question; would it be worth it to call the border offices to seek information about this situation or its subject to the individual visa officer reviewing at the time?

Did you guys ever follow through with the trip? Results?