michellemck

Hi,

I've been having a slight panic attack about getting back into the country if I leave to go home for a holiday. I have been in Canada since Feb 2010 on an extended visitors visa (ext until feb 2012). I have applied for federal skilled workers visa which has been in UK office since June 2010, status still 'received by visa office' - boo! I am in Canada as my partner is Canadian and he is basically supporting me as we didnt want to live apart while I waited - which has turned into a long wait! I really thought everything would be sorted by now, hence the reason I agreed to be a bridesmaid at my best friends wedding and when things didnt sort themselves out, it seemed to late to back out.

Flights are booked, we leave in 2 weeks and I really dont see why there should be an issue with getting back in, but it is not set in stone and I am a big bit worried about it! I have no idea how much longer this visa is going to take and I don't want to live apart from my partner. Do I just bring all my documents and show them at the border i.e. my pr application letter, my visitors ext?

So, I'm askng if anyone has had any experience of returning to Canada as a visitor while awaiting PR and if they had any problems with border control?

Thanks, in advance,

Michelle

wolstie

As long as you hold a passport from a country that doesn't require a travel visa, I don't see it being a problem.

I'm on a TWP, my wife and kids have visitor records (we are waiting for PR too), we nip over to the States all the time and never have any trouble coming back in. Touch wood.

The way I see it is, you proved your intentions when you initially applied for your visitors extension, which is why they granted it. You don't have to prove you can be supported by your partner each time you come and go.

Now, if you were to leave the country on implied status (in between documents), that would be another thing...

michellemck

thanks! I wouldn't suppose that there would be a problem but they 20 questioned me when I intitially came over to visit my partner, wanting to see my return ticket and asking if I had a job to go home to etc. I then decided to stay, and applied for PR from here. Think it just scared me a bit! It's not like i'm trying to do anything dodgy, I wouldn't jeopardise my PR appliction! I just want to go home, do my bridesmaid duties, see some much needed friendly faces and then come back to sit out the rest of my wait!

Thanks again!

brizzle

Can you not apply for a family class visa, on the basis of your relationship with a Canadian citizen? As far as I know, FSW visas can take years to approve. It seems an awful long time to be on a visitor conditions?

michellemck

In hindsight, I wish I had applied for that visa (as I would of been able to work by now) but when I researched it at the time, we could not provide enough evidence that we were a couple (we met in Australia while he was on a working holiday visa), we never lived together until I came here. I didn't want to wait to apply and as an Reg Nurse could apply for FSW. Its been 15 months now. My letter from London, July 2010 stated avg waiting time 12-18months. I have thought about withdrawing that visa and applying for spouse but it seems that takes just as long, even to get to the work permit part. Am I wrong there?

BTJ

Pretty sure you can have 2 PR applications going at the same time, only problem is cost of course. If you were applying as a spouse it'd still be quicker to apply through London, than inland. If applying through London you would not get a work permit before PR, but it is still faster than an inland process takes to get you to the stage you can get a work permit.

brizzle

Applying in-country as a spouse took me about 9m. If your current app. (I hear the new system is quicker ), will take 12-18m, then you might you better off sticking with that. But don't take my advice, I just wondered why you weren't applying as a spouse. BTW, I did leave the country on a couple of occasions, whilst spouse visa was in process. I was just upfront about it when re-entering the country.

christmasoompa

Another vote for spousal PR application here if you can do it - if you apply outland you'd have PR within approx 6 months (some on the forum have had it as quickly as 2-3 months recently) and I can't see why you can't apply for that as well as FSW. Then you could just withdraw your FSW application once you have PR.

Good luck.

michellemck

Yeah, by what the letter states I should see some movement between July-Dec this year. They did say I could email them after 8 months, which I did but I havent heard back and its been over a month now. Maybe its worth my while emailing again and asking if they can give me some kind of timeline as I may look into the spouse one again (I have alot of time on my hands these days!). However, I would have to apply inland. With the job freeze on in Scotland for RN's (and others i'm sure), it'd probably take me all that time to get a job and it'd cost us more money living apart, paying airfares to visit each other. We also just don't want to live apart anyway.

Thanks also for the info on returning whilst a visitor, much appreciated!

hutchy100

I just got back from Vegas and got let back in no problem, I had that hassle when I first came on my visitor visa and when I came back in the people where so nice and telling me to apply for a sponser visa as me and my canadian wife had just got married in vegas

victorfoxtrot

Why would you have to apply inland? You can apply outland via London, but still be living here on visitor status in Canada. I've been here since July 2010, and I'll be applying outland in August once my partner and I have racked up a years worth of living together as common-law. Applying outland doesn't mean you have to live in your country of residence. They changed the rules I believe a couple of years ago, so that applicants can live in Canada, albeit as a visitor whilst their application processes. The only worry about outland is that if they request you for an interview you have to go to London, which is likely to be short notice and so could be costly/inconvenient. I decided that it was a risk worth taking as the outland cases are as others have said taking 6 months - or in some cases as little as 2-4 months.

Certainly worth taking a look at the forms and considering applying - chances are you'd have PR by the autumn maybe earlier!

michellemck

I did not know I could do that! What do I put as my address though? My UK one or my Canadian one? I will have to have a look at that, thanks for the info!

victorfoxtrot

Hi
There are various spots on all the forms where you have to list your address - too many to mention to be specific, but I woudl suggest you check out the Timeline for Spousal Sponsorship via London thread (currently lurking on page 2 of the Immigration sub-forum). There are lots of people there undergoing spousal sponsor ship, some married, some common-law and there's a mix of people either living here in Canada as visitors awaiting their approval or living in the UK with their Canadian partners mostly. Either way, it can be done, and it is a great thread to use - I tend to search through by inputting the number of the specific form I'm about to fill in and see what comes up.

Either way, you can do it! Plenty of us have done it or are about to do it. I guess you just need to decide exactly whether you think it is worth the extra money. Good luck.

michellemck

wow! that is a long thread! I think i'll use your advice and search through it when filling out forms as way too long to read through (I tried for a while there!).

I really didn't know I could do it that way, but not kicking myself too hard because it was only Feb 2011 that we could provide evidence of living together for 1 year.

Can I just confirm that it is the outland form I should use (the one sent to Missisauga)? I looked on the CIC website, it is not clear at all that this can be done. Am disappointed by that, as I looked previously and from the information on there, it seems I could only apply inland as I am in Canada.

Thanks again, it's been an eye opener!

victorfoxtrot

no problem. yes it is a long long thread, but a worthwhile read with a cup of tea! Yes even though it is the outland application, you have to send it first to Missisauga. They then do the first bit, which I believe is to judge whether the sponsor is eligible to sponsor you, then provided that all goes well, they send it onto London. To get to the forms from the main page, go to Application forms & Guides, then Sponsorship of spouse, common-law or conjugal partner. There are 3 parts with lots of forms - start by reading the Guide to Sponsorship IMM 3900 which is the guide for outland apps and then go through the forms in each section. I printed mine off and started a binder!