I think I had a problem today.....

[sylvia3]

I sent my common law partners outland app feb. 14- romantic, huh?lol.
Anyway, he had entered Canada Dec. 5th for 6 months- Greece doesn't need a visa. Two weeks ago, he had to return to Greece for business, and I went with him. Today, we came back to Canada, and it got a bit weird when he passed thru immigration at the airport- the officer there told him that he could lose his 6 month stay because he came for 2 months , left and then came back again! I told him that we had made the outland app, and he said that he didn't have to allow him to stay for the 6 months as greece allows, but he would do it so we wouldn't be apart. Will this affect his application?????

 

[ritosgirl]

hello sylvia3!

this incident with the immigration officer won't effect your application. just be thankful that the officer allowed your partner to come back into canada!

 

[sylvia3]

Thanx for the reply- it really had me worried!!!! Does that mean that while we're waiting he can't leave the country? We applied outland, but we hope that by the time he gets his card, the 6 month period won't have elapsed- I'm really confused!!!

 

[Swede]

Thanx for the reply- it really had me worried!!!! Does that mean that while we're waiting he can't leave the country? We applied outland, but we hope that by the time he gets his card, the 6 month period won't have elapsed- I'm really confused!!!

He is allowed to leave and re-enter the country, but doesn't have the right to do so. Ergo, it's up to the border official you encounter to let you in or deny you entry, so it's always a risk to leave the country.

 

[sylvia3]

Thanx for the reply, peeps!!!! I called CIC yesterday, and they said that the initial processing time for outland apps is now 64 days as opposed to the 35 it was a few months ago..... :'(

 

[BeShoo]

I told him that we had made the outland app, and he said that he didn't have to allow him to stay for the 6 months as greece allows, but he would do it so we wouldn't be apart.

His status has nothing to do with what "Greece allows". Essentially, he came before on a visit and he left before the maximum 6 months were past. What he really did this time was to come to visit Canada again. Every time he comes into Canada as a visitor, he has to justify why he is coming, that he will return to Greece at the end of the visit, that he has sufficient ties to Greece that he will go back, etc.

Waiting for a PR application to be processed is usually sufficient reason to visit Canada, but it is always up to the discretion of the officer at the point of entry whether to let someone visit and for how long. There is something in the manual saying that officers should normally not deny extended stays to persons applying inland because there is no point in not allowing the visit to be extended, but I haven't found such an advisory for outland.

I'm not sure where you are applying but for most centres in western Europe, you have a 50% chance that it will take more than 6 months and you should be prepared to wait up to a year. http://www.cic.gc.ca/ENGLISH/information/times/international/05-fc-spouses.asp#europe

Add to that the processing of the sponsorship: http://www.cic.gc.ca/ENGLISH/information/times/canada/process-in.asp#sponsorship currently 64 days as you already found out.

I wouldn't bet on getting his card in less than 6 months. You might, but you might not. You can always apply for an extension his visitor status ($75).

If he does have to leave Canada, it's better if you are with him when he comes back, and you should have proof of the application being filed (a copy of the receipt should do).