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Advice Please on Leaving during Inland Process

Advice Please on Leaving during Inland Process

Old Jul 28th 2010, 2:38 am
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Default Advice Please on Leaving during Inland Process

Hello BE

Has anyone here experienced leaving Canada during the Inland Spousal Residence Process?

I am currently in England. I am a British Citizen. I left Canada just a week ago to attend to some urgent family issues in the UK. I am married to a Canadian (he is still in Canada). I applied for Inland Residence almost 3 years ago have an open work permit and Approval in Principle since October 2008. The process has been extremely protracted.

I am aware that it is not advisable to travel outside Canada during the process however it doesn't say anywhere that I could not leave only that this might result in the delay of my application. For some reason my application has been considerably delayed any way.

I am looking to return all being well within the next two weeks. Do I need to purchase a UK return ticket and will I encounter difficulities when I land in Toronto or should I just act like a tourist? My passport only has the one stamp from 2007.

I would really appreciate advice from anyone who might have been in a similar situation.

Thanks in advance.
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Old Jul 28th 2010, 2:56 am
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Default Re: Advice Please on Leaving during Inland Process

Originally Posted by Karen1203
Hello BE

Has anyone here experienced leaving Canada during the Inland Spousal Residence Process?

I am currently in England. I am a British Citizen. I left Canada just a week ago to attend to some urgent family issues in the UK. I am married to a Canadian (he is still in Canada). I applied for Inland Residence almost 3 years ago have an open work permit and Approval in Principle since October 2008. The process has been extremely protracted.

I am aware that it is not advisable to travel outside Canada during the process however it doesn't say anywhere that I could not leave only that this might result in the delay of my application. For some reason my application has been considerably delayed any way.

I am looking to return all being well within the next two weeks. Do I need to purchase a UK return ticket and will I encounter difficulities when I land in Toronto or should I just act like a tourist? My passport only has the one stamp from 2007.

I would really appreciate advice from anyone who might have been in a similar situation.

Thanks in advance.
I would imagine that Immigration will know when you left Canada, and without a return ticket they may not be happy about letting you in. I am no expert but will be interested in what others think.
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Old Jul 28th 2010, 4:01 am
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Default Re: Advice Please on Leaving during Inland Process

Originally Posted by Karen1203
Hello BE

Has anyone here experienced leaving Canada during the Inland Spousal Residence Process?

I am currently in England. I am a British Citizen. I left Canada just a week ago to attend to some urgent family issues in the UK. I am married to a Canadian (he is still in Canada). I applied for Inland Residence almost 3 years ago have an open work permit and Approval in Principle since October 2008. The process has been extremely protracted.

I am aware that it is not advisable to travel outside Canada during the process however it doesn't say anywhere that I could not leave only that this might result in the delay of my application. For some reason my application has been considerably delayed any way.

I am looking to return all being well within the next two weeks. Do I need to purchase a UK return ticket and will I encounter difficulities when I land in Toronto or should I just act like a tourist? My passport only has the one stamp from 2007.

I would really appreciate advice from anyone who might have been in a similar situation.

Thanks in advance.
If you have an open work permit you're allowed back in the country regardless of your pending permanent resident application, surely? And the presence of the WP in your passport should satisfy the airline for boarding...

I have travelled out of the country on many occasions as a TWP holder (albeit I wasn't a spousal sponsorship case) to the US and the UK, for business and pleasure. There was never an issue returning to Canada. I can't imagine a three-week trip to the UK will make the blindest bit of difference to your application.

On your return, I'd act like a work permit holder returning home - that's what you will be, after all!
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Old Jul 28th 2010, 5:28 am
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Default Re: Advice Please on Leaving during Inland Process

Originally Posted by Oakvillian
If you have an open work permit you're allowed back in the country regardless of your pending permanent resident application, surely? And the presence of the WP in your passport should satisfy the airline for boarding...

I have travelled out of the country on many occasions as a TWP holder (albeit I wasn't a spousal sponsorship case) to the US and the UK, for business and pleasure. There was never an issue returning to Canada. I can't imagine a three-week trip to the UK will make the blindest bit of difference to your application.

On your return, I'd act like a work permit holder returning home - that's what you will be, after all!
Thanks for this, however, my WP is not in my passport and I haven't brought it with me. Of course I can get my husband to post it to me here at my mums address, but it does say on it that this does not authorise re-entry.
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Old Jul 28th 2010, 4:05 pm
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Default Re: Advice Please on Leaving during Inland Process

Originally Posted by Karen1203
Thanks for this, however, my WP is not in my passport and I haven't brought it with me. Of course I can get my husband to post it to me here at my mums address, but it does say on it that this does not authorise re-entry.
No a work visa does not authorize entry. In your case because the work permit is open with unending options to extend it, whilst the PR is in process, it don't think the IO will assume you will be in Canada without status.

I don't know what your problem is with your PR application but if it something that makes you inadmissible to Canada, then that may cause a problem.

Just make sure the IO is convinced that should your Inland PR application fail, you will leave Canada straight away.
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Old Jul 28th 2010, 4:28 pm
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Default Re: Advice Please on Leaving during Inland Process

Seems like rather bad situation. Fact that AIP was granted almost 2 years ago and there is not much progress since indicates major issues with your backcground, security and/or criminal checks. You shouldn't have left Canada under the circumstances, especially if you didn't find out what is the problem with your PR application.

If there is unresolved issue with any of your inadmissibility checks then you may be denied entry at the POE - if it happens your inland process will be deemed abandoned and you'll have to start all over.

Get info on your file promptly (both, CAIPS and FOSS printouts) and try to see what's holding your PR application and then proceed accordingly. You may not know what 'accordingly' may mean at such time without asking lawyer for help.

It is strange that you didn't ask lawyer for help yet, after waiting so long.
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Old Jul 29th 2010, 1:57 am
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Default Re: Advice Please on Leaving during Inland Process

Originally Posted by Karen1203
Thanks for this, however, my WP is not in my passport and I haven't brought it with me. Of course I can get my husband to post it to me here at my mums address, but it does say on it that this does not authorise re-entry.
Ah. Therein lies the difficulty. You should get your husband to post (or courier) it to you and staple it into your passport.

Although a work permit doesn't authorise re-entry, that's not so relevant for UK citizens and others who do not need a visa to enter Canada. For temporary foreign workers from visa countries, you would need a visa permittimg temporary residence as well as a work permit.

With a spousal open WP in your passport you can come and go as you please regardless of the status of your PR application.

As others have said, though, it does sound as though something is amiss in the PR process. I'd look into that (once you're back in the country) as a priority.
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Old Jul 29th 2010, 2:02 am
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Default Re: Advice Please on Leaving during Inland Process

Originally Posted by crazy72
Seems like rather bad situation. Fact that AIP was granted almost 2 years ago and there is not much progress since indicates major issues with your backcground, security and/or criminal checks. You shouldn't have left Canada under the circumstances, especially if you didn't find out what is the problem with your PR application.
If there is unresolved issue with any of your inadmissibility checks then you may be denied entry at the POE - if it happens your inland process will be deemed abandoned and you'll have to start all over.
Why not? She has a spousal open work permit and, as a UK citizen, does not require a visa to enter Canada. I cannot see on what grounds she would be denied entry at POE - she has (once her TWP is in her passport) all the required documentation to travel. The status of a pending PR application is surely not relevant if the OP is travelling as a WP holder...
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Old Jul 29th 2010, 1:08 pm
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Default Re: Advice Please on Leaving during Inland Process

Originally Posted by Oakvillian
Why not? She has a spousal open work permit and, as a UK citizen, does not require a visa to enter Canada. I cannot see on what grounds she would be denied entry at POE - she has (once her TWP is in her passport) all the required documentation to travel. The status of a pending PR application is surely not relevant if the OP is travelling as a WP holder...
But she also has major problems with her admissibility checks as they are not completed yet, after more than 20 months passed since AIP was granted.

You obviously didn't understand my post fully. First and foremost the inland process is designed and intended for those who for any reason cannot leave Canada and will remain in Canada for the duration of the process. Leaving Canada may be always deemed as abandoning the inland process, regardless of subsequent re-admission into Canada.

Of course Brits, Americans and few other nationals usually have no problems leaving and re-entering Canada during inland process - but they just get lucky, nothing else. Having work permit is irrelevant and one has no bearing on the other (inland PR process). If examining officer at the port of entry wants to make the point and enforce the law she or he can simply refuse admission as visitor due to the fact that person is already a declared immigrant, having PR process pending. It is extremely rare but may happen and was reported in this forum more than once in past several years. Work permit doesn't guarantee or even authorize re-entry, as it it clearly written on it.

Only Canadian citizens, PR's and Registered Indians have the right to enter Canada - everyone else must apply (ask) for admission at the Port of Entry, regardless having a valid visa or being from visa waiver country. And to be granted admission person must not be inadmissible to Canada.

But the main point I was trying to make is that anewPR obviously has some very serious issues with admissibility checks - if she wouldn't have major problem(s) then she would have passed all checks before AIP was issued and she would already be a PR.

Now add the possible admissibility issues to everything else I wrote above and you'll get a very terrifying picture. Officer at the port of entry will have to be really very willing to go the extra mile and grant admission under the circumstances. In order to grant the admission officer must make sure that person is not inadmissible, regardless visa or permits - this is one of the points of examination at POE. With anewPR's admissibility checks still not completed officer at POE will have no chance to make the inadmissibility determination - officers at POE don't have the resources to conduct complex admissibility checks on the spot and it is already 20 months since CIC started the checks and didn't complete them yet. All officer at POE will see on the screen is that there is still pending one (or more) admissibility checks.

Another point I made was the suggestion to anewPR to obtain her CAIPS and FOSS printouts to find out what is the issue in her PR process and be prepared to document her side of the story to the examining officer at POE. It is a huge risk trying to gain re-entry under the circumstances and without knowing what problems she has in the first place.

I'm not saying she can't be lucky - but it is better to be prepared than sorry.

Last edited by crazy72; Jul 29th 2010 at 2:26 pm.
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Old Jul 29th 2010, 5:29 pm
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Default Re: Advice Please on Leaving during Inland Process

Thanks for all the replies. I do have a lawyer working on my immigration case. There is no issue except that I have a daughter in the UK and according to CIC the High Commission in London are taking a long time processing my daughter (who remains in England and is 21 years of age) paperwork. Yesterday we got a request for her second medical. All my background checks etc. are complete.

I will buy a return ticket when I leave. I have now been in correspondence with my lawyers whilst away and she hasn't voiced any concerns whatsoever about my being in the UK. Nowhere did it state that I could not leave during the process only that it isn't advisable as it could delay the process. I think under the circumstances I will run the risk.

Thanks again
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Old Jul 29th 2010, 5:31 pm
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Default Re: Advice Please on Leaving during Inland Process

In such case you can breathe a lot easier. If your checks are done and are OK then I don't see inadmissibility issues at the POE. The only problem you may encounter is the officer who has a very bad day and wants to pass the misery to others. You can do nothing about it in advance, just hope it won't happen.

Last edited by crazy72; Jul 29th 2010 at 5:36 pm.
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Old Jul 30th 2010, 6:44 am
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Default Re: Advice Please on Leaving during Inland Process

Originally Posted by crazy72
In such case you can breathe a lot easier. If your checks are done and are OK then I don't see inadmissibility issues at the POE. The only problem you may encounter is the officer who has a very bad day and wants to pass the misery to others. You can do nothing about it in advance, just hope it won't happen.
Fingers crossed that I don't get a difficult IO! My lawyer advised me to buy the return ticket and be honest when asked that I am visiting my husband. They will no doubt see that I have PR in progress. I am a little scared to be truthful now but really having not seen my mother for 3 years and she had recently been hospitalized and is elderly I really could not leave it any longer to make the visit. Being and inland applicant sucks - I really regret not having made the application outland!
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Old Jul 31st 2010, 2:16 pm
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Default Re: Advice Please on Leaving during Inland Process

Originally Posted by Karen1203
Fingers crossed that I don't get a difficult IO! My lawyer advised me to buy the return ticket and be honest when asked that I am visiting my husband. They will no doubt see that I have PR in progress. I am a little scared to be truthful now but really having not seen my mother for 3 years and she had recently been hospitalized and is elderly I really could not leave it any longer to make the visit. Being and inland applicant sucks - I really regret not having made the application outland!
Here's the issue. Nothing prevents you leaving, but to be allowed back in the IO must be convinced you are a genuine temporary resident. To be a genuine temporary resident, you have to be intending to leave at the end of your authorised stay. Since you've declared your intention to remain in Canada permanently (by filing an inland PR application), and the reason for your work permit stems from that application, there's nothing to show that you are - really - a genuine temporary resident.

Probably you'll be lucky, but by the letter of the law you could be refused entry if it's apparent to the IO what's going on. If you say you're visiting your husband, it will most likely be fine, but if they refer you to immigration secondary (the other room where they usually process work permits etc), you should stress that you're "just visiting" while your PR application is in process, and if they ask what would do if your PR application is refused, definitely make it clear you would leave as required.

I'd suggest reading about dual intent in the CIC processing manuals, specifically OP11 section 5.4:

http://www.cic.gc.ca/english/resourc...p/op11-eng.pdf

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Old Jul 31st 2010, 2:27 pm
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Default Re: Advice Please on Leaving during Inland Process

So I guess the moral of this thread is to figure out what you can do before doing it.
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Old Jul 31st 2010, 3:01 pm
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Default Re: Advice Please on Leaving during Inland Process

Originally Posted by crazy72
But she also has major problems with her admissibility checks as they are not completed yet, after more than 20 months passed since AIP was granted.

You obviously didn't understand my post fully. First and foremost the inland process is designed and intended for those who for any reason cannot leave Canada and will remain in Canada for the duration of the process. Leaving Canada may be always deemed as abandoning the inland process, regardless of subsequent re-admission into Canada.

Of course Brits, Americans and few other nationals usually have no problems leaving and re-entering Canada during inland process - but they just get lucky, nothing else. Having work permit is irrelevant and one has no bearing on the other (inland PR process). If examining officer at the port of entry wants to make the point and enforce the law she or he can simply refuse admission as visitor due to the fact that person is already a declared immigrant, having PR process pending. It is extremely rare but may happen and was reported in this forum more than once in past several years. Work permit doesn't guarantee or even authorize re-entry, as it it clearly written on it.

Only Canadian citizens, PR's and Registered Indians have the right to enter Canada - everyone else must apply (ask) for admission at the Port of Entry, regardless having a valid visa or being from visa waiver country. And to be granted admission person must not be inadmissible to Canada.

But the main point I was trying to make is that anewPR obviously has some very serious issues with admissibility checks - if she wouldn't have major problem(s) then she would have passed all checks before AIP was issued and she would already be a PR.

Now add the possible admissibility issues to everything else I wrote above and you'll get a very terrifying picture. Officer at the port of entry will have to be really very willing to go the extra mile and grant admission under the circumstances. In order to grant the admission officer must make sure that person is not inadmissible, regardless visa or permits - this is one of the points of examination at POE. With anewPR's admissibility checks still not completed officer at POE will have no chance to make the inadmissibility determination - officers at POE don't have the resources to conduct complex admissibility checks on the spot and it is already 20 months since CIC started the checks and didn't complete them yet. All officer at POE will see on the screen is that there is still pending one (or more) admissibility checks.

Another point I made was the suggestion to anewPR to obtain her CAIPS and FOSS printouts to find out what is the issue in her PR process and be prepared to document her side of the story to the examining officer at POE. It is a huge risk trying to gain re-entry under the circumstances and without knowing what problems she has in the first place.

I'm not saying she can't be lucky - but it is better to be prepared than sorry.
This post reminds me of the writing style of that immigration geezer,oh what was his name? He disappeared. Anyway a similar "I know everything and you don't tone" plus the intermittent absence of definite and indefinite articles. Coincidence I guess.

Originally Posted by Karen1203
Fingers crossed that I don't get a difficult IO! My lawyer advised me to buy the return ticket and be honest when asked that I am visiting my husband. They will no doubt see that I have PR in progress. I am a little scared to be truthful now but really having not seen my mother for 3 years and she had recently been hospitalized and is elderly I really could not leave it any longer to make the visit. Being and inland applicant sucks - I really regret not having made the application outland!
I'm sure everything will be fine, as you lawyer says just be honest.
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