Leaving Canada then returning while waiting for Visa
#1
Forum Regular
Thread Starter
Joined: Mar 2013
Posts: 223
Leaving Canada then returning while waiting for Visa
Hi Guys,
I found the following:
Permanent residency spouse sponsorship delays leave new dad unable to support family - Canada - CBC News
I applied outland, came to Canada on dual intent, but will be having Xmas back in the UK.
The article says 'if he leaves he risks being turned away at the border on his return'.
I was hoping for my Visa to be through by now (applied August 2014) but the delays are crazy.
Should I risk leaving at Christmas for 2 weeks?
I found the following:
Permanent residency spouse sponsorship delays leave new dad unable to support family - Canada - CBC News
I applied outland, came to Canada on dual intent, but will be having Xmas back in the UK.
The article says 'if he leaves he risks being turned away at the border on his return'.
I was hoping for my Visa to be through by now (applied August 2014) but the delays are crazy.
Should I risk leaving at Christmas for 2 weeks?
#2
Forum Regular
Thread Starter
Joined: Mar 2013
Posts: 223
Re: Leaving Canada then returning while waiting for Visa
Wrong forum, can a mod please move to immigration?
#3
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,849
Re: Leaving Canada then returning while waiting for Visa
If you are an outland applicant then if here in Canada then you are classed as a visitor. Even if stamped in for 6 months or issued a visitor record for say 12 months any time you leave Canada and re-enter then its classed as a new entry even with a document that says expires March 2016.
Obviously the way to deal with this is go home on a return ticket from Canada. Ensure you have a copy or proof that a spousal application has been submitted or that you have been in Canada since X date. Explain to CBSA on arriving back in Canada the above and you should be fine.
Risk of being denied entry yes but IMHO very very unlikely.
Obviously the way to deal with this is go home on a return ticket from Canada. Ensure you have a copy or proof that a spousal application has been submitted or that you have been in Canada since X date. Explain to CBSA on arriving back in Canada the above and you should be fine.
Risk of being denied entry yes but IMHO very very unlikely.
#4
Forum Regular
Thread Starter
Joined: Mar 2013
Posts: 223
Re: Leaving Canada then returning while waiting for Visa
OK perfect,
Just seen that this morning and got a bit nervous!
Thanks,
Just seen that this morning and got a bit nervous!
Thanks,
#5
Banned
Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: Leaving Canada then returning while waiting for Visa
The Wiki's a good place to see what it is advised to bring with you when entering under dual intent.
Spousal Sponsorship-Canada : British Expat Wiki - Dual Intent
Spousal Sponsorship-Canada : British Expat Wiki - Dual Intent
#6
Forum Regular
Thread Starter
Joined: Mar 2013
Posts: 223
Re: Leaving Canada then returning while waiting for Visa
Yeah the Wiki was really good last time I entered. I'll just take the same stuff as last time, explain I had to go home for Xmas and that I expected my visa to be through by now.
#7
Re: Leaving Canada then returning while waiting for Visa
If you are an outland applicant then if here in Canada then you are classed as a visitor. Even if stamped in for 6 months or issued a visitor record for say 12 months any time you leave Canada and re-enter then its classed as a new entry even with a document that says expires March 2016.
Obviously the way to deal with this is go home on a return ticket from Canada. Ensure you have a copy or proof that a spousal application has been submitted or that you have been in Canada since X date. Explain to CBSA on arriving back in Canada the above and you should be fine.
Risk of being denied entry yes but IMHO very very unlikely.
Obviously the way to deal with this is go home on a return ticket from Canada. Ensure you have a copy or proof that a spousal application has been submitted or that you have been in Canada since X date. Explain to CBSA on arriving back in Canada the above and you should be fine.
Risk of being denied entry yes but IMHO very very unlikely.
#8
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,849
Re: Leaving Canada then returning while waiting for Visa
If we determine you to be inadmissible YES and don't want to admit you. Don't over analyze but there have been cases where a visitor was issued a 12 month visitor record. They left Canada and returned and it was found that they were inadmissible say for criminality that wasn't disclosed or has just happened. Grounds to refuse entry.
#9
Re: Leaving Canada then returning while waiting for Visa
Fair enough!!
But if they do let you back in are you still under the terms of the initial 12 month visitor visa that you originally had or do you start a new 6 month visa?
But if they do let you back in are you still under the terms of the initial 12 month visitor visa that you originally had or do you start a new 6 month visa?
#10
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,849
Re: Leaving Canada then returning while waiting for Visa
#11
Re: Leaving Canada then returning while waiting for Visa
sorry I'm not understanding...
The paper part stapled into the passport - you need to get a new one each time you re-enter the country? Or the same one applies?
The paper part stapled into the passport - you need to get a new one each time you re-enter the country? Or the same one applies?
#12
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,849
Re: Leaving Canada then returning while waiting for Visa
Same one applies until it expires and no new one needed every time you enter but that doesn't mean guaranteed entry if now found to be inadmissible when entering the country.
#13
Re: Leaving Canada then returning while waiting for Visa
Phew!
My daughter and I went back to the UK for a funeral after only being here 6 weeks. We have 2 year visitor records in our passports. Got asked a ton of questions on the way back in but we're fine.
I was having a mini heart attack there thinking I'd just given up my 2 years for 6 months!!!
Thanks for your help xx
My daughter and I went back to the UK for a funeral after only being here 6 weeks. We have 2 year visitor records in our passports. Got asked a ton of questions on the way back in but we're fine.
I was having a mini heart attack there thinking I'd just given up my 2 years for 6 months!!!
Thanks for your help xx