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Entry into Canada before approval

Printed From: Canada Immigration and Visa Discussion Forum
Category: Canada Immigration Topics
Forum Name: Family Class Sponsorship
Forum Description: A review of current sponsorship programs (permanent residence) promoting the reunion in Canada of close relatives from abroad.
URL: https://secure.immigration.ca/forum/forum_posts.asp?TID=28
Printed Date: 25 Oct 2020 at 3:50pm


Topic: Entry into Canada before approval
Posted By: shamama
Subject: Entry into Canada before approval
Date Posted: 29 Nov 2009 at 1:43pm
I'm a Canadian-born citizen living abroad and am sponsoring my husband of 7 years to live in Canada but we are planning on entering the country before my husbands PR is approved. We have return tickets (about 4 months) so technically it is just a visit and he has no plans on working so we're not doing anything illegal...but I'm SO nervous about going through immigration. How do I explain a 4 month visit? Should I tell them we have an outstanding PR application? Thanks.



Replies:
Posted By: dpenabill
Date Posted: 29 Nov 2009 at 9:54pm
Depends in part on his nationality, whether or not he is from a "visa-exempt" country. If he is not from a visa-exempt country, the odds of obtaining a necessary visa are not great, depending on a number of personal factors (including international travel history).

If he is from a visa-exempt country, and the PR app is in process, and he is accompanied by you, the odds are very good that he will be allowed into Canada. No guarantee. And of course all the usual cautions apply, ranging from admissibility issues to personal immigration history; but if there are no admissibility issues, things should go well if you have a copy of the PR app receipts plus evidence of marriage (as in the marriage certificate) plus a copy of the PR app itself (though this is less important) in your hands! (not in your luggage!, in your hands) when you land and approach the PIL at the POE (primary inspection line at the Port of Entry, which is in a secure part of the airport for those arriving by air).

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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration


Posted By: shamama
Date Posted: 30 Nov 2009 at 3:28am
Thanks for that. And yes, we're in Ireland so it's visa-exempt and there were no problems in the past for him going through immigration. And I was going to have all that paperpwork handy for sure, but technically we're in Canada for a holiday since we'll be using the return flights. So when they ask "what is the purpose of your visit", should I be honest and say that I'll be working, setting up a home, and my husband will not work and mind our son until he returns to Ireland 4 months later? What bugs me is that we aren't doing anything wrong, he has a right to be there, but we're leaving soon and I'm SO anxious.


Posted By: dpenabill
Date Posted: 30 Nov 2009 at 6:17am
Foremost: probably no reason to be all that anxious.

Note, however: Technically he is a foreign national until he is issued a PR visa and has landed; no foreign national "has a right" to enter Canada, (although per treaties there are certain obligations owed to qualified refugees, and of course to diplomats, among other exceptions not really relevant in these circumstances) but rather may be given permission to enter based on the standards and criteria prescribed by law, regulation, rule, and policy, and subject to the discretion of the examining officer at the POE. Their discretion in this regard is rather broad.

But it should go well. I do not see anything wrong with being straightforward about your intent to work and establish yourself back in Canada, and his intent to be with you while you do this, subject of course to having proper status. That said, many, many spousal sponsored PR applicants are allowed to remain in Canada during the processing of their apps, and many are often given extended Visitor Records to facilitate this. It sounds like you have things in order and, really, while there is always some worry, it should go well.

I suspect their primary concern may be how the family will be supported while you are in Canada, so if you have a job waiting that is excellent, if not be sure to have some explanation, a credible and adequate explanation of how the family will be supported so that they do not worry about your husband working (at least prior to landing as a PR).

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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration



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