leaving canada while in canada application for pr

Canada Immigration Forum (discussion group)

Subject: leaving canada while in canada application for pr
  My wife has a trv , multiple entry, valid until 2017, she has used it to enter Canada many times, always with the understanding that it does not guarantee entry, the border guard at the airport has final say,this trip we applied for a pr card, within Canada, and read on the web site that she MAY be refused entry, and if so her application MAY be cancelled, if she leaves Canada. I called the help line and was told that the border guard has final say if she gets back in, or not, if she has applied for a pr card has nothing to do with being refused entry. Now I am told by friends that after applying for a pr card, the trv is cancelled???? Anyone know about this, I have called the help line again and got a do not leave answer, and another guy said go ahead??? Help. We want to go on a holiday, and the pr process is 20 months long?
(in reply to: leaving canada while in canada application for pr)
It would of been helpful if you informed others under what category you and your partner applied for Permanent Resident status.

Knowing what status you have here would greatly assist as well. Lets assume you have a valid study permit or valid work permit. Is that the case?

Lets assume Canadian Experience Class based on being educated here or working with an employer specific work permit. If you depart and return to Canada before either one of those permits have expired no problem.

Now if your here seeking permanent residence based on Humanitarian and Compassionate factors you are less likely to regain entry.

A valid visa of any kind is not cancelled when you depart.



pr (in reply to: leaving canada while in canada application for pr)
I am a Canadian citizen, my wife is here on a trv, she has applied for a pr card and an initial open work permit. i have applied to sponsor her under the spouse or common law partner section. We were told that we could leave and re-enter Canada, but there was no guarantee she would be allowed to re-enter,for the same reasons that a valid trv does not guarantee entry, it is up to the guard at the airport , who has final say, she has been admitted 12 times, so no problem, but now we learn that after applying for a pr card that re-entry might be a problem???She was required to leave Canada after 6 months while here on a trv, now , after applying for a trv she has implied status and does not have to leave the country,applying within Canada seems to mean she should not leave, especially if a trv is reqiured, well it is required for her,but she already has one, not like she would be applying for one, the immigration help line gives do not leave and no problem for an answer, depending on who answers the phone, anyone know what the situation is,the wait period for applications within Canada is 20 months, seems a long time to not be allowed to leave the country and be assured of re-entry, with a valid trv.
(in reply to: leaving canada while in canada application for pr)
Al Your a Canadian and you do not understand what I posted.

You wrote "i have applied to sponsor her under the spouse or common law partner section." did you submit an In Canada Spousal or an Overseas Spousal??????? Huge difference!

What are you talking about IMPLIED STATUS why???? She never applied to renew her Visitor Status according to your post. Implied status is when a person is a visitor, student or a worker who has applied to extend their visitor, work permit or study permit status and no decision has been reached prior to the expiry of that status.

She would then of course be an overstay regardless of stage one approval IF you submitted inside Canada and never sought an extension.


(in reply to: leaving canada while in canada application for pr)
the wait period for applications within Canada is 20 months, we have applied within Canada, she does not need to extend her trv as we have only been in Canada for 2 months, she is supposed to leave before 6 months is up, but applying for pr , once found to be eligible, she has implied status, according to the immigration webs item and does not need to extend her trv. the following is what the help desk has sent.

Open Work Permit Sponsorship of a Spouse or Common-Law Partner in Canada

If a spouse or common-law partner is sponsored from inside Canada, they can apply for an open work permit by completing an Application to Change Conditions or Extend Your Stay in Canada as a Worker (IMM 5553). This application must be sent before their status expires in the same envelope as the sponsorship application. This will allow them to keep a legal status in Canada up until the time their application for permanent residence is *approved in principle.

If their status expires before the application for permanent residence is approved in principle, they will still have a legal status in Canada. This is called implied status. Please note that the open work permit will only be issued once the application for permanent residence is approved in principle. Visit our Web site to see how long it may take to get approval in principle.

If the sponsored person did not send an open work permit application with their permanent residence application, they can send it, by mail, at any time while it is in process by writing Open Work Permit - Application for permanent residence in Canada - Spouse or common-law partner on the top of the form. They should also include proof that the permanent residence application was submitted. The open work permit application cannot be submitted online.

Please note that they must keep a legal status in Canada during the entire process of their application for permanent residence.

*Approved in principle means that the person being sponsored received a letter from the Case Processing Centre or local office stating that they meet the eligibility (minimum) requirements to apply for permanent resident status but that a final decision will not be made until all requirements for becoming a permanent resident have been met. These requirements include medical, security and background checks for the applicant and, if applicable, their family members.

Leaving Canada during Processing - Application to Sponsor a Spouse or Common-Law Partner in Canada

After sending an Application for Permanent Residence in Canada Spouse or Common-Law Partner, if the sponsored person leaves Canada before the application is approved, there is no guarantee that they will be allowed to re-enter Canada.

This is especially true if:

they come from a country whose citizens need a Temporary resident visa to enter Canada; or
they are in Canada without a legal status.
Please note that if they are not able to return to Canada, for any reason, their application may be considered abandoned. If the sponsored person plans to travel outside Canada during the application process, or if they have not been allowed to return to Canada after leaving the country, they should consider submitting an Application to Sponsor a Member of the Family Class. If a sponsorship application from inside Canada was already sent, a request to withdraw that application should be made before mailing the new application to the Case Processing Centre in Mississauga, Ontario.

leaving Canada while IN CANADA application for pr (in reply to: leaving canada while in canada application for pr)
roy , are you available for a phone call? if so what is your number?
(in reply to: leaving canada while in canada application for pr)
I guess not, thanks anyway.
STAY HOME (in reply to: leaving canada while in canada application for pr)
Stay home here in Canada.
(in reply to: leaving canada while in canada application for pr)
I´m trying to figure this out for my partner and myself. He is, and has been for 5 years, in Canada on a work Visa. I am a Canadian citizen and am looking to sponsor him. We are trying to figure out the whole thing about leaving the country as well as we are planning on a wedding outside of Canada in about 13 months. He also travels in and out of the states regularly for his job so it seems funny that he wouldn´t be allowed to leave without a guarantee of re-admittance. We are trying to see if it is worth it to apply if he won´t be able to leave. Trying to understand all of this feel like i´m banging my head into a wall as so much of it is contradictory.... If you have figured anything further out it would be a great help if you could share it! Please feel free to contact me directly kylatingley@hotmail.com. thanks!

helpp (in reply to: leaving canada while in canada application for pr)
im from the US i came to canada on aug 26 2011 to live here with my husband in vernon he has sponsored me my application is in already but i want to know if i can leave canada for maybe about a month my brother got married and i missed the wedding but now they are having a baby girl i really want to be there and they really want me to be there also i was told that i can not leave or they will stop my application and i will have to reapplie can someone please help and tell me if that is ture thank !
letter for passport request (in reply to: leaving canada while in canada application for pr)
Hi Roi,

I would like to ask how long would it take to receive a passport letter/request after completing medical and paying RPFP? as well as after sending my passport how long would it take before we can get it back? Sorry for the inconvenience but I really need advice.. I am actually going for vacation on May third week I already have my ticket and I was really surprise when I got a letter requesting my Medical on January 26.. MY question is if I got the letter for request for passport and Im out of the country how many days to I have to submit it? I am considering the cancellation of my vacation because this is really important for me but I would also like to know the possibilities if I can actually go by May..

My application is under federal category. I had my medical done last month. and im in work permit for 4yrs and 6 mos.

Your reply will be appriciated.. Thanks in advance


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