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Waiting for outland decision from within Canada

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CrewSeagull View Drop Down
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Joined: 09 Jan 2010
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    Posted: 09 Jan 2010 at 4:51pm
We made our application through the outland process while we were both living overseas. Now almost a year later, I (cdn cit) have returned to Canada to start getting settled.  However, as we still have not had any updates or information about our application yet, we don't know how much longer it will take, and we don't want to be apart for much more than we already have been, if avoidable.  Therefore, as my husband does not need a visa to enter Canada, we have considered that he can come over and we can continue to wait together, here in Canada, for the decision to be made (well, at least for up to 6 months, until he would have to leave the country again).  We have a few questions regarding this process, for anyone who might be familiar with this concept.

1. What are the odds of him getting into the country, seeings as how we have an application in progress?
2. What will he need to bring with him in order to do this? (He would be arriving by air)
3. If we get approved while he is here, we would then have to mail off his passport to the embassy, correct? If so, what happens while we wait for it...meaning, is it okay to be in a foreign country without your passport?
4. If we get refused while he is here, will he get deported??  Or will he be asked to leave the country?  Or any other permanent marking made on his name?  Or will he still be able to remain here until the 6 month period is up?  Or throughout an appeals process, if that becomes the case?
5. Will it hurt or possibly hinder our application for him to attempt to enter Canada before the process is complete? 

I know that there are many questions, and I appreciate any information that anyone can offer.

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redeagle View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote redeagle Quote  Post ReplyReply Direct Link To This Post Posted: 09 Jan 2010 at 5:20pm
1) If he is visa exempt his odds are good, but he should make it clear he is here to visit, perhaps a return ticket would help.

2) I wouldnt forget the passport again a return ticket will make things easier, along with evidence of some ties to whichever country he is coming from.

3)Yes you would need to mail it, and yes it is ok to be here without the passport, particually as, as soon as it hits the embassy it is back on Canadian soil anyway.

4)He will be able to remain here as long as he has his status as a visitor, totally different situations.

5)No, suppose you were here and he was there when you made the application, the guy is just going to visit his wife, nothing wrong in that.

Remember when his status runs out if you have not received an answer you still have the option to apply for an extension giving him at least a few more months on implied status and perhaps the extension itself also.

Edited by redeagle - 09 Jan 2010 at 5:21pm
"Will this matter a year from now?"
Probably, this is gonna be a one hell of a long journey.
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mitamata View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mitamata Quote  Post ReplyReply Direct Link To This Post Posted: 09 Jan 2010 at 5:46pm
What visa office are you dealing with?

Some will not send the passport outside of their country - New Delhi is like that for example. They will only send the passport to an address in India (people get around that by having it mailed to relatives in India and then they forward it to them in Canada). Before you send off the passport, be sure to check that you will be able to get it back to Canada.

When did he do the medical exam? It's only valid for one year, if it expires before he's given his visa, he will be asked to redo it.
Outland - spousal - Vienna - 2009
Feb 16th - app received at CPC-M
Mar 3rd - decision made at CPC-M
Mar 27th - received AOR
Apr 29th - PPR received via email
May 12th - Passport with visa received :)
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EnglishMuffin View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote EnglishMuffin Quote  Post ReplyReply Direct Link To This Post Posted: 10 Jan 2010 at 7:51pm
My partner came to visit me several times while our Outland application has been in process. She is also from a visa exempt country (UK).

We didnt encounter any problems with customs on entry either time, she just said she was here visiting her partner, showed her return ticket, was never asked for proof of funds or my address, and the officer both times was very helpful and granted her the maximum 6 month stay.

She had to return to the UK for her interview.

I would say the repeated visits to see me for protracted periods of time (our application has taken 18 months so far) added considerable weight to our common law relationship sponsorship in the eyes of the reviewing officers back in London.

Good luck
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