Just wanted to add something about the "multiple entry" notation on my
initial temporary resident visa. When I received my two renewals, that
notation was gone. I took that to mean that now that I was an inland PR
applicant, I no longer had the ability to leave Canada while that
application is in process. Inland means that the applicant is inside
Canada. As I said in my other post, I never took the chance of leaving,
even though my visa said it was valid for multiple entry.
Also to clarify my own wording - your boyfriend can apply for a TRV at a
Canadian border crossing, but I don't think he can do it from the U.S. since
he normally wouldn't require a travel document for entry.
Renee
--
Inland Spouse Timeline so far (U.S. Citizen):
19 Feb 2003: Moved to Calgary from U.S. on 6 month TRV
12 May 2003: Did medicals in Calgary
20 June 2003: Applied for TRV extension
5 July 2003: Wedding Date
17 July 2003: CIC received inland spouse PR application
15 Aug 2003: Received 6 month TRV extension
20 Aug 2003: CIC request for work history dates (which were sent with
application)
21 Aug 2003: CIC received work history reply by overnight post
4 Sept 2003: CIC e-Client finally shows "in process"
21 Nov 2003: Applied for second TRV extension
16 Jan 2004: Received second 6 month TRV extension
"Renee" <reneeno.spam.@shaw.spamguard.ca> wrote in message
news:XGxRb.306197$ts4.99895@pd7tw3no...
> Hi kittykat,
> To apply to extend your boyfriend's stay in Canada, go here for the
> forms.... http://www.cic.gc.ca/english/applications/visitor.html
> I got my first temporary resident visa when I first arrived in Calgary to
> stay last February. I came to Calgary International Airport and told the
> officer at the passport stamping line that I wanted to apply for a six
month
> visa, as I was marrying a Canadian on July 5, and I wanted to ensure that
I
> had legal status, and a document that I could renew. I told them at that
> time that I would be submitting an inland spouse application after the
> wedding, and they issued a six-month visa with a CIC client number. I
used
> the link above to renew it. I don't think your boyfriend can apply for a
> TRV from the U.S. since he normally wouldn't require a travel document to
> enter. If he's already here, then he just needs to apply to extend his
> stay. The forms at the link above ask him about his most recent entry, so
> they'll go from there.
> As I said in my initial reply to you, I'm not sure about the review
process
> for a common-law partner vs. a spouse. I know the forms are the same, and
> the overall process is the same, but I thought I'd read on this newsgroup
a
> few times that common-law applicants must have been living together
> continuously. I knew someone else would read the thread and add to it,
but
> I wanted to put the idea there just in case. Sounds like others have said
> you're fine if the 12 months aren't consecutive. If that's true, then I'm
> sorry if I alarmed you!
> The immigrations officer who issued my initial visa told me that leaving
> Canada can cancel an inland application, and she strongly advised me not
to
> leave. She noted "multiple entry" on my initial visa, but she also said
> that another officer could still refuse to let me enter, especially once I
> submitted my PR application. I didn't want to take any chances.
> The other place I've read the caveat about leaving Canada is in the guide
> for inland applicants. I think they've updated the guide since I first
> downloaded it last spring, but this quote comes from page 23... "If you
> leave Canada before permanent residence is approved there is no guarantee
> that you will be allowed to return or re-enter Canada. This is especially
> true if you require a visitor visa. Your application may be refused or
> delayed if you no longer have temporary resident status to qualify as a
> member of the Spouse or Common-law partner in Canada class."
> The other issue with leaving Canada is that, from reading this newgroup, I
> would be concerned about the issue of dual intent. From what I've seen
> here, immigrations officers technically shouldn't allow you to enter
Canada
> as a visitor if you already have an application for permanent residency
> pending. The dual intent is saying you want to be a visitor, when you've
> already said you want to be a permanent resident. I've also read here
that
> immigrations officers are often more tolerant about dual intent when it's
a
> spouse involved, but I'm not taking any chances by leaving. Maybe they
were
> being lenient by giving me the visa the first time - after all, I honestly
> declared that I would be marrying on this visit, and would later be
applying
> for PR.
> I thought that the inland category was created so that families wouldn't
> have to be apart. The experts on this group have said that processing at
> Buffalo is faster than inland processing because they've made family class
a
> priority when dealing with overseas applications. The idea is that you
> don't have to be apart from your loved one any longer than necessary.
I've
> been waiting just over six months already, and I'm hoping that I'll hear
> something within the next month now that they're within two weeks of my
> application date. If you are going to have your boyfriend leave for
periods
> of time, it may have been faster to submit the application through CPC
> Missassauga and the Buffalo consulate. There's a lady on this group who
got
> her husband's PR through Buffalo in an incredible three months! I was
> surely jealous of that timeline! Happy for her, but mad that I've
been
> waiting twice as long with no legal work status and watching my savings
> account dwindle. Inland processing was faster when I applied, but times
> have definitely changed.
> It doesn't make sense to me that CIC expects inland applicants to remain
out
> of work until the AIP phase, yet they will allow an applicant to leave
> because of business matters. Their own rule says that inland applicants
> have to have legal status in Canada at all times during the processing
> period, so leaving for any reason would cause a loss of legal status.
Don't
> get me wrong, I'm not trying to be a grinch but I'm going by the
> information in the guide, and the expert advice I've been reading on this
> forum for the past year. I have an 80 year old grandfather back in
Virginia
> who is one of only three family members, and I've been praying that
nothing
> happens to him while I can't leave Canada without jeopardizing my
> application. My Canadian status is too important to me to risk, but at
the
> same time, I'd feel terrible if I couldn't get back for a couple of days
in
> a family emergency. If I tried to come back and was refused, I'd have
just
> wasted the last six months of PR processing, as well as being out of work
> for almost a year since I moved here ahead of my wedding.
> On page 23 of the guide, it says that "in order to receive permanent
> resident status, you must meet the eligibility requirements detailed in
the
> table Whom May I Sponsor, on the day CIC receives your application, while
> your application for permanent residence in in process, AND when permanent
> resident status is confirmed."
> Under Whom May I Sponsor on page 5, it says that both spouses and
common-law
> partners must have valid legal or unexpired status in Canada as a visitor,
> student, or temporary worker. It then says the individual must be living
> with you in Canada. When you said your boyfriend left for two months,
> that's what made me remember the warning in the applicant guide. I'm sure
> he still considers his residence with you to be his primary one, but I
also
> was a bit concerned that a long absence may raise a flag with an officer.
I
> hope not, and I hope your case goes smoothly!
> Anyway, this post is really long, so I'll close it for now. Best wishes
> with your case!
> Renee
> --
> Inland Spouse Timeline so far (U.S. Citizen):
> 19 Feb 2003: Moved to Calgary from U.S. on 6 month TRV
> 12 May 2003: Did medicals in Calgary
> 20 June 2003: Applied for TRV extension
> 5 July 2003: Wedding Date
> 18 July 2003: CIC received inland spouse PR application
> 15 Aug 2003: Received 6 month TRV extension
> 20 Aug 2003: CIC request for work history dates (which were sent with
> application)
> 21 Aug 2003: CIC received work history reply by overnight post
> 4 Sept 2003: CIC e-Client finally shows "in process"
> 21 Nov 2003: Applied for second TRV extension
> 16 Jan 2004: Received second 6 month TRV extension
> "kittykat" <member15263@british_expats.com> wrote in message
> news:1201970.1075172982@britishexpats.com...
> >
> > Thanks Renee,
> >
> > The spousal inland application is almost the same as
> > the common law one. The requirements are the same. My bf and I have
> > been together for 7 years and have been common law for 4 years. I
> > have confirmed with an immigration consultant that our case is
> > acceptable considering co-habitation could be non continual due to
> > business, family affairs outside Canada.
> >
> > How do I go about
> > applying for a visitor's visa for him when he is already here? I
> > think we will be waiting for the first approval stage from CIC (if
> > it is not more than 4 months he's been here), then he will apply for
> > a vistor's visa (normally takes atleast 2 months to process). I
> > think he would apply for a vistor's visa in NY. In your case, where
> > did you submit your initial vistor's visa application?
> >
> > I appreciate
> > your advice.
> >
> > Thanks
> >
> >
> >
> > Originally posted by Renee
> > >
> > Applicants have to remain in Canada with legal status through a
> > Temporary
> > > Resident Visa, a study permit, or a work permit, for the
> > entire duration of
> > > an inland application.
> > >
> > > One of the
> > requirements to submit an inland PR application is that the
> > >
> > applicant has legal status in Canada from the date the application
> > is
> > > submitted through the date the applicant successfully lands as
> > a new
> > > permanent resident. Leaving Canada means that your common-
> > law partner had
> > > time where he did not have legal status. You're
> > right that he doesn't need
> > > a travel document to enter Canada, and
> > that he can remain here for up to six
> > > months with a passport
> > stamp, but CIC stresses in the inland guide for
> > > applicants that
> > leaving Canada can cancel your application. You say he came
> > > back
> > without a problem, so you may not have to worry. I'm just going by
> >
> > > what the guide says.
> > >
> > > It's standard for us inland applicants
> > to have to renew our temporary
> > > document. I'm on my second renewal
> > myself. I applied for a temporary
> > > resident visa when I first
> > arrived in Calgary last February. I would think
> > > in your partner's
> > case, he would apply to extend his stay in Canada once his
> > > six-
> > month date approaches. He still has his last entry information to
> > use
> > > on the application, even if he doesn't have a paper visa. I
> > don't think you
> > > can apply for a new temporary resident visa once
> > you're already inside
> > > Canada.
> > >
> > > More importantly, I thought
> > that common-law partners qualified by virtue of
> > > living together
> > for at least the last twelve months consecutively. If he
> > > goes
> > back to the U.S., then that breaks up the twelve months. I'm not
> > sure
> > > whether that will cause a problem with their review of the
> > common-law
> > > relationship.
> > >
> > > You can check the current processing
> > estimates here -
> > > http://www.cic.gc.ca/english/department/times/process-
> > in.html"]http://www.cic.gc.ca/english/department/times/process-
> > in.html[/url] . They're
> > > currently quoting 209 days from receipt
> > of the application. You can track
> > > the progress as they update
> > every week. The good news is that they seem to
> > > making a lot of
> > headway since the new year started.
> > >
> > > I am an inland spousal
> > applicant, so I'm not totally familiar with the
> > > common-law part of
> > the inland category, other than reading the guide. Best
> > > wishes.
> > It's a long wait, but it's worth it.
> > >
> > > Renee
> > >
> > > --
> > > Inland
> > Spouse Timeline so far (U.S. Citizen):
> > > 19 Feb 2003: Moved to
> > Calgary from U.S. on 6 month TRV
> > > 12 May 2003: Did medicals in
> > Calgary
> > > 20 June 2003: Applied for TRV extension
> > > 5 July 2003:
> > Wedding Date
> > > 17 July 2003: CIC received inland spouse PR
> > application
> > > 15 Aug 2003: Received 6 month TRV extension
> > > 20 Aug
> > 2003: CIC request for work history dates (which were sent with
> > >
> > application)
> > > 21 Aug 2003: CIC received work history reply by
> > overnight post
> > > 4 Sept 2003: CIC e-Client finally shows "in
> > process"
> > > 21 Nov 2003: Applied for second TRV extension
> > > 16 Jan
> > 2004: Received second 6 month TRV extension
> > >
> > >
> > >
> > > "kittykat"
> > <member15263@british_expats.com> wrote in message
> > > news:1201-
> > 807.1075165892@britishexpats.com"]news:1201807.1075165892@britishex-
> > pats.com[/url]...
> > > > My common-law partner is a US citizen and
> > we submitted his In-Land
> > > > application in October 2003.
> > Does he need to obtain a temporary
> > > > visitor's visa? As
> > for my understanding, US citizens do not require
> > > > travel
> > documents to enter and return to Canada and they can be legally
> >
> > > > in Canada for up to six months. In my partner's case, he
> > stays in Canada
> > > > for 5 months, heads back to NY for 2
> > months and the cycle continues. Is
> > > > this visa necessary
> > for his case then?
> > > > He was in the States during the
> >
> > > > holidays and came back 2 weeks ago. He is planning on
> > applying for a
> > > > temporary visiotr's visa in March 2004
> > and hopefully by May CIC would
> > > > start processing his
> > application.
> > > > I need your advice. If he obtains
> > >
> > > his visa now, then it could expire even before CIC looks into
> > his
> > > > application. Should we wait for few more
> > months?
> > > > Your help is
> > > > appreciated!
> > >
> > > --
> > > Posted via http://britishexpats.com/"]ht-
> > tp://britishexpats.com[/url]
> >
> >
> > --
> > Posted via http://britishexpats.com