4/20/2016
Topic:
Travel after First Stage Approval
sham89
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Dear Moderator,
I am in the same situation at the moment. I had completed my INLAND TRV and was going to send my new TRV today but I have been told by somebody that I need to send the Application to Change Conditions and Extend My Stay. I am so confused as that application is used to stay for a longer period in Canada and is not a new visa.
Basically I hold an Open Work Permit and my PR application is under process -Inland SCLPC. My status in Canada has always remained legal so I believe I can apply a new TRV to CPC Ottawa rather than make an Application to Change Conditions. I already have a multiple entry visitor visa but it expires in 4 weeks time. So please suggest if I should apply a new TRV or Application to Change Conditions or Extend My Stay?
Awaiting your response.
Hello Nick,
Thank you for sharing your situation and questions with us.
You may have read in other posts where others are suggesting that anyone who is in the process of being sponsored from within Canada, avoid leaving Canada.
These replies have been posted because there is no way that anyone can guarantee re-entry, unless you have a Temporary Resident Visa (TRV) with multiple entries or another status that allows you multiple entries. This applies even in cases where you are coming from a country that does not require a visa to visit Canada.
Entry into Canada by a foreign national is always at the discretion of the immigration officer at the port of entry. There is always the possibility of being turned away.
If you do choose to leave Canada during this application processing time, and you happen to be denied entry into Canada, you will no longer be considered as someone who is being sponsored from within Canada because you are no longer in Canada.
You can find additional information in the CIC processing manual IP08, Section 5.28 that you have also linked to. Here is an excerpt:
“Foreign nationals are not provided with any guarantees that they will be allowed to return to or reenter Canada. If they are unable to do so, their application for permanent residence may be refused because they are not cohabiting with their spouse or common-law partner at the time the case is finalized [R72(1)(d) and R124(a)].
It may therefore be appropriate to counsel applicants who are outside Canada to withdraw their spouse or common-law partner in Canada class application and submit a new application for a permanent resident visa to the CPC-Mississauga (CPC-M)."
Because each case is handled at the discretion of the officer at the port of entry, it is impossible to provide a definitive response since each situation, background and circumstances are different. Nor are we aware of all of the information pertaining to each user's own circumstances in order to say that re-entering is a guarantee. There are many factors that may vary from person to person. For example, someone may suddenly become inadmissible for various other reasons. That is why we say that there are no guarantees to re-entering.
You can find information on Permanent Residents and leaving Canada without PR Cards here:
Do I really need the PR Card to travel back to Canada?
http://www.settlement.org/sys/faqs_detail.asp?faq_id=4000607
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Jai
Settlement.Org Team
Shamz |