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Residency requirements, Government in Canada, Bringing child born overseas...
Spouse PR pending Travel
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RobbieF Posts: 5
Posted On: 8/1/2014
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Hello,
My spouse is in the last phases of his PR (we're living together in Canada) and we've gone beyond his medical exam, we're told right now the PR is pending.
He has a passport from Taiwan issued by the Taiwan ministry and it has an identification number, this we're told by the CIC website, means he doesn't need a VISA to reenter the country provided he also has a work permit, which was already issued and is in hand. He is working in Canada full time.
We would also bring our marriage license issued in Ontario to further show we're not some hucksters. ;)
I'm hoping someone can back up this information as it was littered all over the CIC site. The problem is, on a FAQ page there is a question "I wasn't allowed to board a plane with my work permit" to which the response was "a work permit is not valid for return Canada". I'm assuming they may mean you also need other documentation…but it's just so darn confusing. There is a good chance we'll get the PR very soon, however we're worried we'll have to push the trip off again.
The run around is insane. The CIC is mum and won't confirm anything and neither will boarder services. It's like some Kafka book. ;)
Thanks for any help!
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MelM Posts: 226
Posted On: 8/1/2014
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Your post is lacking some important details that make it a bit difficult to fully answer your question.
It sounds like you have applied for PR using the inland route (rather than outland). Is that correct? I am also going to assume that the work permit you are referring to is an open work permit that was granted after your spouse received first stage approval for the inland application.
Assuming you did apply inland, it's really not advisable to leave Canada until the process is 100% complete. The work permit does not in fact authorize re-entry into Canada. Your spouse doesn't need a visa to enter Canada as a Taiwan passport holder - however this doesn't guarantee he will in fact be allowed in once he reaches Canada. Although small, there is always some chance of refusal. And if he's refused, this will effectively cancel his inland sponsorship application and force you to start again from scratch.
It really comes down to how risk averse you are. If you are OK taking on some risk of jeopardizing your application, go ahead and take the trip. If you're not, then stay in Canada until the process is finished.
Again, this answer has been provided assuming you have gone the inland route.
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RobbieF Posts: 5
Posted On: 8/6/2014
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Your post is lacking some important details that make it a bit difficult to fully answer your question.
It sounds like you have applied for PR using the inland route (rather than outland). Is that correct? I am also going to assume that the work permit you are referring to is an open work permit that was granted after your spouse received first stage approval for the inland application.
Assuming you did apply inland, it's really not advisable to leave Canada until the process is 100% complete. The work permit does not in fact authorize re-entry into Canada. Your spouse doesn't need a visa to enter Canada as a Taiwan passport holder - however this doesn't guarantee he will in fact be allowed in once he reaches Canada. Although small, there is always some chance of refusal. And if he's refused, this will effectively cancel his inland sponsorship application and force you to start again from scratch.
It really comes down to how risk averse you are. If you are OK taking on some risk of jeopardizing your application, go ahead and take the trip. If you're not, then stay in Canada until the process is finished.
Again, this answer has been provided assuming you have gone the inland route.
Hello,
Thanks for your response, yes in fact he was/is in Canada when we applied and the work permit was issued shortly after applying for the PR.
We honestly thought we could not travel...but then we found this page on the CIC site that explained you can travel IF you fulfill the following.
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=248&t=3
On that page they explain that as long as you have a valid passport and a work permit together, you should be allowed back in?
What upsets me is we're fine to push the travel off if we have to but why does the CIC post this stuff if it may not be true? ;)
Cheers and thanks again for the help.
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