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| Subject: seeking advice |
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Hello,
I am married to a canadian, and I am presently in Canada as visitor. I am a U.S. citizen, so I did not need a visa to visit him. We have started the process of PR but do not have a file number yet, due to waiting on the criminal check to come back. Our PR is being done by a canadian commmissionaire. I have to leave Canada to return to the U.S. due to my six month visit status is almost up. My question is, will I have problems getting back into the country with no file number yet?
Thanks,
joanne
[03-11-2010,12:39]
[**.55.179.53]
joanne |
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(in reply to: seeking advice)
Whether is an inland or outland may facilitate your entry but in a nut shell the answer is YES you are going to face some problems when re-entering Canada.
When PR applications are in process within Canada CIC recommends not to leave Canada until the process is complete, in the mean time you may apply for a visitor´s extention while your application is in process.
The reason of that is the criteria that is used when a foreign national seeks admission into Canada.
As a visitor, it is expected that you will leave Canada at the end of your visit. Having an application within Canada in process proves otherwise. It proves that YOU as visitor (which is your current status) is not going back to the US and your intentions are to stay in Canada which eventually makes you inadmissible and if you are refused entry, that will complicate things in your application.
I strongly recommend you to apply for an extention and wait until your PR is complete. Specially if it is an inland application. At least with an outland application and enough ties to the US, the "temporary" visit is more likely.
[03-11-2010,14:07]
[***.115.153.178]
DocD |
(in reply to: seeking advice)
Okay DocD why did you not jump on this comment,
"Our PR is being done by a canadian commmissionaire."
You know very well if she is paying anyone they have to declare it and unless they are an authorized representative they are not suppose to be charging a fee.
Roy
[03-11-2010,14:26]
[**.229.21.138]
Roy |
(in reply to: seeking advice)
How or who is filling the application whether is getting paid or not, it is out of my scope. I can only advise what could possibly happen when a foreign national is seeking admission into Canada as a visitor under her current situation.
[03-11-2010,14:44]
[***.115.153.178]
DocD |
(in reply to: seeking advice)
Ok, I am confused...LOL
How can I file for an extension, if there is no visa? To come to Canada as a visitor from the U.S does not require a visa. Is there still a type of ´extension´?
Also, my application has not been filed yet, so it is not active, we are just getting the paperwork together, using a commissionaire to help us.
He has said all I have to do is to cross over into the states for a weekend, then return, without problems, but, I am worried because what if he doesnt know what could happen?
[03-11-2010,15:46]
[**.55.179.53]
joanne |
(in reply to: seeking advice)
Visa or not, it doesn´t matter you can still file for an extension.
www.cic.gc.ca
I am not too sure how well trained an Officer of Parlament in border crossing is.
Technically, there is no restriction for you to attempt to cross the border to re-enter Canada, actually it can go very easy with no complications or NOT.
[03-11-2010,16:19]
[***.115.153.178]
DocD |
SX16508 (in reply to: seeking advice)
Thanks..I am going to go talk to my commissionaire on monday, to find out about a extension. It would make it alot simpler if I could just get that, until the PR is filed. I am filing inland, I know that it is not recommended to leave once that is done, and I am pretty sure there is no ´limit´, right to whether I would have to file for another extention, if it went past the 6 months again, right?
[03-11-2010,19:41]
[**.55.179.53]
joanne |
(in reply to: seeking advice)
Talk to this commissionaire if you want but keep in mind that they are not trained in Immigration.
Go to www.cic.gc.ca
You can download the forms your self and apply for an extension.
[03-11-2010,19:56]
[***.115.153.178]
DocD |
yes (in reply to: seeking advice)
Yes, I know...but, it is all so confusing, we didnt want to take any chances with doing the forms right. I am going to ask him to right me up a paper saying that we actually came for his help, three months ago, but we are still waiting for the second criminal check, because after waiting for three months on the first one, it came back unreadable. At least immigration will see that we did not wait too long to try to get this started. If I have problems at the border at least I have this to fall back on.
Thanks for your help, too.
Janet
[03-11-2010,21:32]
[**.55.179.53]
joanne |
(in reply to: seeking advice)
Be careful, your hopes are really high on a commissionaire that is not properly trained to deal with Immigration and has no juridiction on the Canada Border Service Agency.
If you want to know, a letter from him means NOTHING when it comes down to seeking entry into Canada under your current situtation, with or without a letter you may still be refused entry and there is nothing he can do about it.
You should really consider calling CIC and start reading the "confusing" forms, having a letter from him as something to "fall back on" hmmm I wouldn´t count on it.
Leaving Canada when you have an inland application in process is NOT a good thing to do, it may complicate things.
[04-11-2010,11:29]
[***.115.153.178]
DocD |
I am not..... (in reply to: seeking advice)
I am not currently in a active inland application. I have said that two times now. I hired him to help us get out paperwork togethre, so we can make sure we do it right. He has done many before me.
I already know I cant leave once it is active/filed.
The only reason I am having to leave is because I have been here for almost 6 months, and I have to leave to renew my stay as legal visitor.
My hopes are not in him, but at the same time, I am going to do everything I can to make sure they let me back in..(considering the letter). We hired him over three months ago...I want to make sure that if questioned, the border will understand that I did not just come here without making the process begin. The reason we have not YET made the file is because the first fingerprint repost came back unreadable after waiting on it for three months.
It is not illegal to stay in Canada for 6 months, so right now, I am ok.
Does that make more sense?
[04-11-2010,11:37]
[**.55.179.53]
joanne |
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