US trip while on implied status

[ec15]

My parents entered Canada in April, and I filed for visitor visa extension recently. They are currently on implied status (as the the extension takes few months to be processed). They have Canadian multi-entry TRV valid for few more years.

I applied for their PR sponsorship (in May), and they recently received the biometrics request (even though they should have been exempt from biometrics as they were inside Canada at the time of application).

Biometrics requires them to leave Canada. They do have U.S. visa, and can give biometrics in U.S., but my concern is re-entry to Canada. I believe once they leave Canada, their implied status will end, and it would be upto the CBSA officer to grant them new entry or not.

Few questions:

- Is it advisable to travel outside Canada while being on implied status?

- What are the chances of CBSA officer denying them entry as they have been staying for already 6+ months in Canada (and have stayed in Canada legally on visitor visa earlier as well)?

- Would the ongoing PR application be treated as a positive or a negative factor for this re-entry in Canada?

- Would it be seen as positive or negative that the visitor visa extension application is pending? Can the CBSA officer can look at all the extension application details?

 

[GyannahAntoine]

Hi. I have an answer to one of the questions. Basing on the experience. My parents were on implied status earlier this year when they left for the usa. They were questioned and held for a couple of hours during their re-entry to Canada. God bless the heart of the immigration officer as she allowed my parents to re-enter (maybe because she saw our extension application) but gave them a more shorter stay than what we were asking during the extension.
I am not sure if an ongoing PR application can help with the re-entry.
Also, this was tweeted to me by the IRCC social media representative
“3/4 they receive a letter notifying them that they need to give biometrics, then they will have to leave Canada to do this. They should not travel to the U.S. if they’re only going to give biometrics. The U.S. border officials may not let them enter the country.“

You can call IRCC to confirm. Hope this helps.

 

[canuck_in_uk]

My parents entered Canada in April, and I filed for visitor visa extension recently. They are currently on implied status (as the the extension takes few months to be processed). They have Canadian multi-entry TRV valid for few more years.

I applied for their PR sponsorship (in May), and they recently received the biometrics request (even though they should have been exempt from biometrics as they were inside Canada at the time of application).

Biometrics requires them to leave Canada. They do have U.S. visa, and can give biometrics in U.S., but my concern is re-entry to Canada. I believe once they leave Canada, their implied status will end, and it would be upto the CBSA officer to grant them new entry or not.

Few questions:

- Is it advisable to travel outside Canada while being on implied status?

- What are the chances of CBSA officer denying them entry as they have been staying for already 6+ months in Canada (and have stayed in Canada legally on visitor visa earlier as well)?

- Would the ongoing PR application be treated as a positive or a negative factor for this re-entry in Canada?

- Would it be seen as positive or negative that the visitor visa extension application is pending? Can the CBSA officer can look at all the extension application details?

Being in Canada did not make them exempt from biometrics. Only actual inland applications are exempt. Parent sponsorship is always outland.

No one can tell you what would happen at the border. The fact that they are basically living in Canada as visitors right now is not a positive thing from CBSA's perspective. They don't like that.

 

[ec15]

Thanks @canuck_in_uk and @GyannahAntoine.

The fact that they are basically living in Canada as visitors right now is not a positive thing from CBSA's perspective. They don't like that.

Would the ongoing PR application be a positive thing or negative thing for re-entry on visitor status?

 

[canuck_in_uk]

Thanks @canuck_in_uk and @GyannahAntoine.



Would the ongoing PR application be a positive thing or negative thing for re-entry on visitor status?

No one can say for sure. It could be seen that they are not genuine visitors, as they plan to live in Canada.

 

[k.h.p.]

What IRCC told you about biometrics at the US border is also correct. They need to have a different reason to enter the US than giving biometrics. If they tell the US CBP that their purpose of visit is biometrics, then they may be denied entry to the United States.

As for re-entry to Canada, it's up to the CBSA. There are no guarantees. They are not genuine visitors, though they could have dual intent.