Travelling while Inland Spousal Visa is being processed

[jha190]

Hi there,

This post is regarding travelling while Inland Spousal Visa is being processed. I have been told that it is not recommended as you could be denied re-entry which would then cancel your inland application.

Does anyone have any examples where this has happened to themselves or know of other people it has happened to? What was the reason?
Does it make a difference if you have received the OWP under the pilot programme?
Would there be anything you could take with you to the border when returning from overseas travel that would increase your chance of being let back into the country?
Does it make a difference being from a country that does not require a TRV?

Any information will be appreciated.

 

[kylie255]

I have the same concern but all the answers I got was having a TRV doesn't guarantee you're safe re-entering the border.

 

[jha190]

I really struggle to see why they wouldn't let me back in. I have entered Canada multiple times both on working holiday and visitor visa's with no issues. But again CIC doesn't always make sense

 

[PMM]

Hi

I really struggle to see why they wouldn't let me back in. I have entered Canada multiple times both on working holiday and visitor visa's with no issues. But again CIC doesn't always make sense

1. Because with a "in Canada" spousal application in process, your intention is not to visit, but to remain permanently, therefor you are not a genuine visitor.

 

[canadianwoman]

If an applicant is from a country where they would need a TRV to get back in, and don't have a multiple-entry TRV already, I would not risk leaving. An application for a new TRV would probably be refused.

If the applicant is from a country where they do not need a TRV, there is less risk. Still, the border officials can refuse entry because they do not believe you are going to visit. If you try it, carry proof of your application with you.

 

[AngieG]

But isn't it possible to travel if you had a work permit while you wait for your PR processing?

 

[Ponga]

But isn't it possible to travel if you had a work permit while you wait for your PR processing?

The OWP even says that it does not guarantee re-entry and does not confer temporary residence status.

The real issue is something called Dual Intent. Google: "CIC Dual Intent" to find out about it and why it makes those with an Inland application more at risk of potential problems. Since most Inland applicants no longer have strong ties back to their home country...there in lies the potential problem.

 

[AngieG]

The OWP even says that it does not guarantee re-entry and does not confer temporary residence status.

The real issue is something called Dual Intent. Google: "CIC Dual Intent" to find out about it and why it makes those with an Inland application more at risk of potential problems. Since most Inland applicants no longer have strong ties back to their home country...there in lies the potential problem.

Oh ok. That's something I wasn't aware of I guess..

My personal question for you if you can help..

Is OWP and Post graduate work permit different?
PGWP is what I have and I didn't have any issue of travelling.

I'm applying for common law PR inland with OWP-PGWP will expire in the middle of next year.
We're hoping to travel back home next year for about a month near to the end of the year to get ready for wedding in 2017 since we're planning on doing wedding in Canada and back home as well.

So you think it'll be risky for us to travel when I have my OWP and PR in the process?

Thanks in advance

 

[km9203]

Oh ok. That's something I wasn't aware of I guess..

My personal question for you if you can help..

Is OWP and Post graduate work permit different?
PGWP is what I have and I didn't have any issue of travelling.

I'm applying for common law PR inland with OWP-PGWP will expire in the middle of next year.
We're hoping to travel back home next year for about a month near to the end of the year to get ready for wedding in 2017 since we're planning on doing wedding in Canada and back home as well.

So you think it'll be risky for us to travel when I have my OWP and PR in the process?

Thanks in advance

Where are you from?

If you really insist on travelling you would be better applying outland. You wouldn't get OWP with outland but can travel.

 

[AngieG]

Where are you from?

If you really insist on travelling you would be better applying outland. You wouldn't get OWP with outland but can travel.

I'm from Korea and me and my partner/sponsor have been living together for almost 3 years in Canada now.

That's what we were considering too.
However, we decided on applying Inland because we can't afford me not working at this point.
I know Outland would be faster than Inland mostly. But at the same time, you never know how long your Outland will take either and my current PGWP will expire in the middle of next year as I mentioned. Chances are like Outland processing will take longer than my current visa expiry date anyways.
We're just looking ourselves wanting to get married while we wait for my PR to be processed since Inland processing takes quite a bit of time. So, we're just trying to prepare ourselves for any cases possible.

Thanks for your advice!!

 

[jha190]

Hi


1. Because with a "in Canada" spousal application in process, your intention is not to visit, but to remain permanently, therefor you are not a genuine visitor.

My intention is be be with my family. I just think its ironic that applying for a "family sponsorship" visa would restrict my Canadian Citizen Wife and I from visiting my family.


Assessing dual intent
A person’s desire to apply for permanent resident status in Canada may be legitimate. An officer should distinguish between an applicant whose intentions are bona fide and an applicant who has no intention of leaving Canada at the end of their authorized stay if the application for permanent residence is refused.

So they are asking for proof that you would leave the country if your PR application is denied.

Any ideas?
Maybe the fact that I've been Travelling to Visit my family would help?

 

[Ponga]

My intention is be be with my family. I just think its ironic that applying for a "family sponsorship" visa would restrict my Canadian Citizen Wife and I from visiting my family.


Assessing dual intent
A person’s desire to apply for permanent resident status in Canada may be legitimate. An officer should distinguish between an applicant whose intentions are bona fide and an applicant who has no intention of leaving Canada at the end of their authorized stay if the application for permanent residence is refused.

So they are asking for proof that you would leave the country if your PR application is denied.

Any ideas?
Maybe the fact that I've been Travelling to Visit my family would help?

You need to show that you still have strong ties to your home country, such as a home, job, bank account, etc.. Basically, you need to convince the officer that if your PR is denied, you DO have a home to go back to.