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Travel While Waiting for Permanent Residency Approval in Canada: Conditions and Guidelines

January 09, 2025Workplace3981
Can We Travel While Waiting for Permanent Residency Approval in Canada

Can We Travel While Waiting for Permanent Residency Approval in Canada?

As long as you retain your legal status, you are allowed to remain in Canada while you wait for permanent residency. It is crucial to ensure that your status as a temporary resident endures the entire time you are in Canada, as temporary resident status has a set end date.

Is Travel During PR Processing Possible?

Yes, it is possible to travel while waiting for your Permanent Residency (PR) approval. However, maintaining your legal status is essential. Ensure you have the proper travel documentation and stay informed about any requirements or updates related to your application. Always consider the potential risks and plan accordingly to avoid any negative impact on your PR application.

Additional Considerations for Specific Situations

The visa response is clear, but it's important to note that if you came to Canada as a refugee, returning to your home country would be unwise as it could indicate a change in circumstances.

It's also important to remember that Canadian immigration rules require you to spend a certain number of days in Canada to maintain permanent resident status. Approximately 3 out of 5 consecutive years is sufficient to keep the status. Failure to meet this requirement could result in the loss of your permanent residency status.

Traveling While Outside the US and Waiting for Consular Processing

If you are outside the US and waiting for consular processing, you can travel wherever your passport allows you to go. However, if you have a tourist visa to the US, you might want to avoid travel to the US because a pending visa may suggest that you have immigrant intent. Attempting to enter could complicate your situation.

Traveling While in the US and Applying for Adjustment of Status

If you are in the US and have filed an application for adjustment of status (I-485), you should file for a I-131 travel document. In some situations, this document will allow you to travel. However, traveling without a document authorizing travel will be considered the same as abandoning your application to adjust status. If you are not given travel authorization, do not travel outside the US. At best, it may result in undergoing consular processing, but at worst, it could lead to issues like the 3/10-year bar.

Traveling with Only an Immigration Application Status

No, you cannot travel just with an immigration application status. You will need to apply for a visitor visa if you are in a hurry to go to Canada. Ensure you have all necessary documents and meet all requirements before planning your travel.

Conclusion

Traveling while waiting for permanent residency approval in Canada comes with specific conditions. Maintaining your legal status and obtaining the proper travel documentation are essential to avoid negative impacts on your PR application. Always stay informed about any updates and requirements to ensure a smooth process.