American Leaving Canada during PR application

Canada Immigration Forum (discussion group)


 
visaplace.com            
Subject: American Leaving Canada during PR application
  Hi there,

My wife applied for her Permanent Residency within Canada almost 10 months ago. We received her first stage approval just four months ago. We have an urgent issue we must attend to in the US and must leave Canada prior to receiving her final approval for about 2 months.

I have two questions.

1. How much longer must we wait? This is getting ridiculous!
2. Why do some people say you can´t leave Canada? I spoke to an immigration officer over the telephone and he mentioned that there should be no problem coming back into Canada especially since my wife is from the US and not "Pakistan" as he put it. No Visa is required to travel.

Thanks for your help!

[23-04-2009,05:38]
[**.84.212.152]
Brody
(in reply to: American Leaving Canada during PR application)
You did not speak to an Immigration Officer you called 1-888-242-2100 and spoke to a call centre person who may have started yesterday.

In theory your spouse is not to leave because she has applied for PR status and would not be considered a visitor upon return. She might get back in but she might not and you would have to submit through Buffalo RPC which you should of done in the first place.

This situation is why I never recommend for an American to apply from within Canada. Emergencies happen.

The damage is done so go and cross your fingers upon return.

Roy
www.cvimmigration.com

[23-04-2009,10:12]
[**.52.216.2]
Roy
(in reply to: American Leaving Canada during PR application)
As of today she does not have the right to enter Canada, that being said, it means that her entry is at the discretion of the Immigration Officer at the Canadian port of entry.

The officer can say Yey or Ney.
If she/he says Yey, she will be ok, just seaing and waiting for a decision from CIC.

If she/he says Ney, things will go south pretty quick with her application.

Cheers,

Bill

[23-04-2009,16:16]
[***.75.247.138]
Bill
(in reply to: American Leaving Canada during PR application)
Thanks for the advice.
Has anyone done this before and had any issues? I would like to find out if someone actually has issues with returning.

On what grounds can they deny you entry into Canada? Just because they don´t like the way you look?


[29-04-2009,20:35]
[**.84.212.152]
Brody
(in reply to: American Leaving Canada during PR application)
On what grounds can the Immigration Officer turn away a spouse? They tell you they want to reunite families and not break them apart. I don´t understand why she can´t leave Canada.
[08-05-2009,01:35]
[**.84.212.152]
Brody
(in reply to: American Leaving Canada during PR application)
the only way someone can come to Canada without PR status is if they are visiting - SHE IS NOT VISITING. Until the PR application is complete she is a guest.

CIC does want to reunite families. That is why they are considering your family class application in the first place. Would your spouse qualify under any other criteria?


[08-05-2009,12:31]
[***.47.180.174]
Sharon
(in reply to: American Leaving Canada during PR application)
Thanks Sharon for your reply.

So if she leaves Canada and returns home she would not be considered a guest? So far, while she is in Canada we have her Visitor´s Record in good standing.

Why would I need to have this document if she is not considered a visitor?

She has her first stage approval, that´s all. She has not applied to work yet.

[08-05-2009,18:55]
[**.84.212.152]
Brody
(in reply to: American Leaving Canada during PR application)
you are missing the point. She is not allowed to call Canada home until that PR is in her hand.
[09-05-2009,10:12]
[***.47.180.174]
Sharon
(in reply to: American Leaving Canada during PR application)
Sorry, I meant to say. "SO if she leaves Canada to return home" meaning the USA.

Why would she not be admitted as an American Visitor?

[11-05-2009,20:48]
[**.84.212.152]
Brody
(in reply to: American Leaving Canada during PR application)
because she is not visiting!
[11-05-2009,20:59]
[***.20.116.15]
Sharon
(in reply to: American Leaving Canada during PR application)
So why do they insist that I keep a Visitor´s record in good standing?


[11-05-2009,23:15]
[**.84.212.152]
Brody