1972kv

Does anyone know if it is possible to properly land in Canada after receiving one's
landing papers/visa without going through the 'around the flagpole' formality of
leaving and re-entering Canada?

The circumstances that lead to my question are as follows:

- Foreigner (F) enters Canada as a visitor approx. two years ago

- F marries Canadian (C) and they apply for spousal sponsorship with in-country
paperwork processing so that F can receive a visa without going back 'home'
(humanitarian & compassionate grounds, I think it is called).

- F receives visa at the end of 2000. But F took the medicals nearly a year before
receiving the visa, and I assume that the visa would therefore be valid for only a
month or two before expiring (i.e. 1 year from date of medicals).

When I asked C about the actual landing process that F went through, I was told that
F was called to an office in Ottawa, and was handed the visa at that time. Nothing
was stapled into F's passport. They never went to any border station to have F
formally land. This conflicts with what I've read here on this newsgroup, i.e. the
newly landed resident always has something stapled into their passport. As regards
the 'around the flagpole' landing procedure, perhaps I misunderstood that and it is
only Americans who need to do that. Can anyone clarify? Can the formal and official
landing take place at the same time/place that the visa is finally handed over to the
applicant?

Thanks 1972kv

Andrew Miller

There is a substantial difference between those who apply as everybody through the
visa post abroad and those who were approved for inland process under H&C grounds
(received Exemption from Immigrant Visa Requirement). Spouses of Canadians applying
from within Canada are not applying for immigration visa, they apply for PR status
and for the Exemption from Immigrant Visa Requirement. So, when their landing papers
don't require them to leave Canada and go through the standard landing process to
turn immigration visa into a landing document (PR status).

Everybody else who applied through the visa post outside Canada receives immigration
visa, must leave Canada and re-enter to go through the standard landing process. It
may be done by driving around the flagpole, without entering US and everyone can do
it - Americans don't need to drive around the flagpole as they may simply leave
Canada, enter US and come back to Canada. Non-American citizens who don't have valid
US visa can't enter US after leaving Canada, so they drive around the flagpole,
leaving and re-entering Canada without entering US.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
[email protected] (delete REMOVE and INVALID from the above address before
sending an email)
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1972kv

Andrew Miller wrote:

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<snip>

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Ok, thanks for the info Mr Miller! It's a bit of a relief to hear this.

Thanks again, 1972kv