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Visitor Status - Question and Warning

Visitor Status - Question and Warning

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Old Jun 16th 2003, 5:08 pm
  #1  
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Joined: Mar 2003
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Default Visitor Status - Question and Warning

November 02 common law partner arrived from UK to "live in Canada". Submitted all of the forms for inland processing in January. She is under the visitor status and the 6 month clock started ticking end of November 02 (expire end of May 03).

Beginning of April 03 she returned to the UK for 10 days personal reasons. We checked numerous times with CDC in terms of her leaving the country and rec'd many mixed answers. We decided to risk it anyway. She has nothing in her present or past that would deny her entry.

However, things were not easy when she decided to reenter. The immigration officer was very adamant that she could not leave the country while application was pending and was not going to allow her back in. After begging, pleading (and a few tears) he called a supervisor and after about an hour decided to let her back in. She had all of her paperwork, etc. with her to substantiate her status (as well as her client # and a printout from the immigration website showing the in process situation. She also explained that she had checked through the phone line, and the response was "you cannot go by that information as they are not always correct". Amazing....

Warning - -be very careful if you leave the country while application is in process. The immigration officer at port of entry seems to have A LOT of power.

Question: she was given a document to attach to her passport which shows an actual expiry date. However we are concerned about her status. Her original stay was for 6 months ending May '03, she left the country and reentered in April 03 which then gives her the document that says October 03. If Vegriville do not have that new document in their files would they assume her status has expired?


Very confusing and mixed, but hopefully someone can sort through and make sense of it!
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Old Jun 16th 2003, 6:01 pm
  #2  
Pmm
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Default Re: Visitor Status - Question and Warning

Hi

"ljeds" wrote in message
news:[email protected]...
    > November 02 common law partner arrived from UK to "live in Canada".
    > Submitted all of the forms for inland processing in January. She is
    > under the visitor status and the 6 month clock started ticking end of
    > November 02 (expire end of May 03).
    > Beginning of April 03 she returned to the UK for 10 days personal
    > reasons. We checked numerous times with CDC in terms of her leaving the
    > country and rec'd many mixed answers. We decided to risk it anyway.
    > She has nothing in her present or past that would deny her entry.
    > However, things were not easy when she decided to reenter. The
    > immigration officer was very adamant that she could not leave the
    > country while application was pending and was not going to allow her
    > back in. After begging, pleading (and a few tears) he called a
    > supervisor and after about an hour decided to let her back in. She had
    > all of her paperwork, etc. with her to substantiate her status (as well
    > as her client # and a printout from the immigration website showing the
    > in process situation. She also explained that she had checked through
    > the phone line, and the response was "you cannot go by that information
    > as they are not always correct". Amazing....
    > Warning - -be very careful if you leave the country while application is
    > in process. The immigration officer at port of entry seems to have A
    > LOT of power.
    > Question: she was given a document to attach to her passport which
    > shows an actual expiry date. However we are concerned about her
    > status. Her original stay was for 6 months ending May '03, she left the
    > country and reentered in April 03 which then gives her the document that
    > says October 03. If Vegriville do not have that new document in their
    > files would they assume her status has expired?
    > Very confusing and mixed, but hopefully someone can sort through and
    > make sense of it!
    > --
    > Posted via http://britishexpats.com

The document is input on FOSS which Vegreville has access to, so don't
worry. Just ensure that if she not "landed" by Sept 3, that she applies for
an extension of her status. The in-Canada spousal application was so that
spouses were not separated during the process and they did not have to make
an H.& C. application. I think in the future you are going to see more
refusals of re-entry, where the spouse makes an application in Canada and
then leaves. So for those in this boat, be very careful.

PMM
 
Old Jun 16th 2003, 6:12 pm
  #3  
Andrew Miller
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Posts: n/a
Default Re: Visitor Status - Question and Warning

Vegreville has full access to her FOSS file with info about her current
visitor record.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"ljeds" wrote in message
news:[email protected]...
    > November 02 common law partner arrived from UK to "live in Canada".
    > Submitted all of the forms for inland processing in January. She is
    > under the visitor status and the 6 month clock started ticking end of
    > November 02 (expire end of May 03).
    > Beginning of April 03 she returned to the UK for 10 days personal
    > reasons. We checked numerous times with CDC in terms of her leaving the
    > country and rec'd many mixed answers. We decided to risk it anyway.
    > She has nothing in her present or past that would deny her entry.
    > However, things were not easy when she decided to reenter. The
    > immigration officer was very adamant that she could not leave the
    > country while application was pending and was not going to allow her
    > back in. After begging, pleading (and a few tears) he called a
    > supervisor and after about an hour decided to let her back in. She had
    > all of her paperwork, etc. with her to substantiate her status (as well
    > as her client # and a printout from the immigration website showing the
    > in process situation. She also explained that she had checked through
    > the phone line, and the response was "you cannot go by that information
    > as they are not always correct". Amazing....
    > Warning - -be very careful if you leave the country while application is
    > in process. The immigration officer at port of entry seems to have A
    > LOT of power.
    > Question: she was given a document to attach to her passport which
    > shows an actual expiry date. However we are concerned about her
    > status. Her original stay was for 6 months ending May '03, she left the
    > country and reentered in April 03 which then gives her the document that
    > says October 03. If Vegriville do not have that new document in their
    > files would they assume her status has expired?
    > Very confusing and mixed, but hopefully someone can sort through and
    > make sense of it!
    > --
    > Posted via http://britishexpats.com
 
Old Jun 16th 2003, 8:58 pm
  #4  
Simon House
Guest
 
Posts: n/a
Default Re: Visitor Status - Question and Warning

Its sad but true.

I am British and have been waiting for my inland PR since
November/December 02. A close friend of mine passed away earlier this
year, but I could not leave Canada to attend his funeral because of the
risk of not being allowed back in.

We also want to go away on a summer holiday to somewhere in Europe, but
can't do so because I have not been fully processed yet. So now we're
stuck spending the summer in Canada - great.

It's unbelievable that Canadian Immigration operates in this way, and
thus 'trapping' inland applicants until their processing is complete.
Yes we can leave, but there is the possibility of not being allowed to
return - which would in effect be throwing away the entire application
and it's associated fees.

Completely unfair and disgusting. If it were not for the fact that both
my wife and daughter are Canadian citizens, I would not have given this
country five minutes



ljeds wrote:
    > November 02 common law partner arrived from UK to "live in Canada".
    > Submitted all of the forms for inland processing in January. She is
    > under the visitor status and the 6 month clock started ticking end of
    > November 02 (expire end of May 03).
    >
    > Beginning of April 03 she returned to the UK for 10 days personal
    > reasons. We checked numerous times with CDC in terms of her leaving the
    > country and rec'd many mixed answers. We decided to risk it anyway.
    > She has nothing in her present or past that would deny her entry.
    >
    > However, things were not easy when she decided to reenter. The
    > immigration officer was very adamant that she could not leave the
    > country while application was pending and was not going to allow her
    > back in. After begging, pleading (and a few tears) he called a
    > supervisor and after about an hour decided to let her back in. She had
    > all of her paperwork, etc. with her to substantiate her status (as well
    > as her client # and a printout from the immigration website showing the
    > in process situation. She also explained that she had checked through
    > the phone line, and the response was "you cannot go by that information
    > as they are not always correct". Amazing....
    >
    > Warning - -be very careful if you leave the country while application is
    > in process. The immigration officer at port of entry seems to have A
    > LOT of power.
    >
    > Question: she was given a document to attach to her passport which
    > shows an actual expiry date. However we are concerned about her
    > status. Her original stay was for 6 months ending May '03, she left the
    > country and reentered in April 03 which then gives her the document that
    > says October 03. If Vegriville do not have that new document in their
    > files would they assume her status has expired?
    >
    >
    > Very confusing and mixed, but hopefully someone can sort through and
    > make sense of it!
    >
    > --
    > Posted via http://britishexpats.com
 
Old Jun 16th 2003, 9:29 pm
  #5  
Just Joined
Thread Starter
 
Joined: Mar 2003
Posts: 18
ljeds is an unknown quantity at this point
Default

Simon -- keep the faith. Canadian immigration is not representative of the entire country of Canada. Not sure how long you have been here but there is lots to see from coast to coast in Canada so I don't think your vacation would be a total failure. I spent a lot of time around Europe in the summer and other than topless beaches I think Canada has as much to offer. This could be an opportunity!!! Quebec City, Rocky Mountains, Montreal, Vancouver/Whistler, Victoria Island, Calgary Stampede )may sound weird but it is a wild time!), Northern Ontario. Probably a lot cheaper as well.

Please don't take this as criticism as I do know where you are coming from in terms of the frustration.

PMM explained it well in that it prevents people from coming over here, applying from within, then going back (which we were looking to do!!).

One question -- you should be close to getting your AIP if you applied in Nov/Dec -- any news on that?
ljeds is offline  
Old Jun 17th 2003, 2:40 am
  #6  
Simon House
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Posts: n/a
Default Re: Visitor Status - Question and Warning

Hi,

Yes - I received AIP back in March, but still no word on the full PR yet
     I've had to extend my visa for the second time a few weeks ago
because they seem to be sitting on it.

We had our reasons for leaving UK originally, but since living here on
and off for nearly three years the cracks are really beginning to show.
Some things seem so silly I almost feel lucky that I am allowed to
care for my own daughter without needing some kind of special permit.

It is frustrating - I can't drive here (they won't let me get a licence
until I am resident), I can't incorporate a business yet (50% directors
need to be Canadian residents), I can't leave the country, I don't have
any healthcare coverage, and I can't work without paying CIC more money.

Talk about feeling like a second rate citizen (oops I mean 'visitor').

Anyway, enough ranting for now, I'm sure I'll be back moaning again in a
few weeks



ljeds wrote:
    > Simon -- keep the faith. Canadian immigration is not representative of
    > the entire country of Canada. Not sure how long you have been here but
    > there is lots to see from coast to coast in Canada so I don't think your
    > vacation would be a total failure. I spent a lot of time around Europe
    > in the summer and other than topless beaches I think Canada has as much
    > to offer. This could be an opportunity!!! Quebec City, Rocky
    > Mountains, Montreal, Vancouver/Whistler, Victoria Island, Calgary
    > Stampede )may sound weird but it is a wild time!), Northern Ontario.
    > Probably a lot cheaper as well.
    >
    > Please don't take this as criticism as I do know where you are coming
    > from in terms of the frustration.
    >
    > PMM explained it well in that it prevents people from coming over here,
    > applying from within, then going back (which we were looking to do!!).
    >
    > One question -- you should be close to getting your AIP if you applied
    > in Nov/Dec -- any news on that?
    >
    > --
    > Posted via http://britishexpats.com
 
Old Jun 17th 2003, 12:22 pm
  #7  
Just Joined
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Joined: Mar 2003
Posts: 18
ljeds is an unknown quantity at this point
Default

Good luck Simon -- I do hope everything works out fine. Perhaps you already know, but if not can someone else help?

My understanding is that once you get your AIP you can:

obtain a SIN (temporary number)
obtain an open work permit (yes, there is a fee for this)
apply for Medical coverage (90 day waiting period in Ontario)
apply for a driver's license

Are you still considered a visitor with the restrictions on leaving the country?
ljeds is offline  
Old Jun 17th 2003, 2:36 pm
  #8  
Simon House
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Posts: n/a
Default Re: Visitor Status - Question and Warning

Thanks

I'm in Alberta, and the registry here will not provide me with a licence
without a PR card or other proof of permanent residency - tried that
once already.

Whats even more silly is that now I may have to start at the bottom of a
graduated driving licence scheme (with curfews), even though I have held
my UK licence for over 8 years. Like driving here is tougher than
Europe - Calgary roads are slower, bigger and less congested.

And yes, the robots at CIC still give me the same answer when asking
about leaving the country - "We cannot guarantee that you will be
allowed back in!".

So, apart from being allowed to apply for an open work permit, nothing
much changes with AIP. I'm not about to pay another $150 to CIC after
this whole process has cost us nearly $2000 ...


ljeds wrote:
    > Good luck Simon -- I do hope everything works out fine. Perhaps you
    > already know, but if not can someone else help?
    >
    > My understanding is that once you get your AIP you can:
    >
    > obtain a SIN (temporary number)
    > obtain an open work permit (yes, there is a fee for this)
    > apply for Medical coverage (90 day waiting period in Ontario)
    > apply for a driver's license
    >
    > Are you still considered a visitor with the restrictions on leaving
    > the country?
    >
    > --
    > Posted via http://britishexpats.com
 

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