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Author Topic: Can I leave Canada with my Canadian spouse while waiting for my PR application?  (Read 388 times)
umie
Newbie
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Posts: 3
Ratings: +0

« on: July 23, 2011, 01:21:19 am »

Hi, I am with International Post-Graduates Pilot PNP Project and I am currently waiting for my Medical request of the PR application.

I have applied to Fort Erie on May 9/2011.
Draft Cashed on June 20/2011

Right now I am planning to leave Canada and work in the US with my spouse (who is a Canadian) for a while, and I was wondering if this will affect my PR application.

I have a Canadian work permit (multiple entries), and it will be valid for another 2 years. We will both be on J visa (US) which has a 2-year home residence policy requirement. I wonder if this change will cause a cancellation or a delay of my PR application.

I would really appreciate it if some one could share some information with me or give me some advice on this.

Thank you very much.
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Leon
VIP Member
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Posts: 13682
Ratings: +570

« Reply #1 on: July 23, 2011, 02:05:33 am »

Ask the PNP you applied through.  If you apply through employer stream, they will cancel your application if you are no longer working for the same employer.  With this particular program, I don't know but it is possible that they will cancel it if you are no longer living in Canada.  You would have to ask.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
umie
Newbie
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Posts: 3
Ratings: +0

« Reply #2 on: July 23, 2011, 11:35:12 am »

I am not with the employer stream. The only thing I am worry about is that I won't be in Canada while they are processing my application. But I know that for people who already have their PR , the amount of the time that they spend with their Canadian spouse abroad can also be counted as staying in Canada. I wonder whether it can work this way as well.

Thank you for your advice. I'll ask them anyway.
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Leon
VIP Member
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Posts: 13682
Ratings: +570

« Reply #3 on: July 23, 2011, 12:36:58 pm »

I am not with the employer stream. The only thing I am worry about is that I won't be in Canada while they are processing my application. But I know that for people who already have their PR , the amount of the time that they spend with their Canadian spouse abroad can also be counted as staying in Canada. I wonder whether it can work this way as well.

Thank you for your advice. I'll ask them anyway.


I know you are not under the employer stream which is why I said: "With this particular program, I don't know but it is possible that they will cancel it if you are no longer living in Canada.  You would have to ask."

Once you have PR, you are ok to leave with a Canadian spouse, your PR would be protected but while your PR application is still being processed, you have to make sure you follow the rules of the program you applied under and that is why you should phone and ask before you move to the US and risk losing your application because of it.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
umie
Newbie
*

Posts: 3
Ratings: +0

« Reply #4 on: July 23, 2011, 12:46:25 pm »

Sorry, I understood you and I just restated my situation so that some other readers won't be confused. You are right. What you said is exactly what I am worried about and I will ask them.

Thanks Leon!
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patience
Star Member
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Posts: 189
Ratings: +6
Category........: PNP
Visa Office......: port of spain
Job Offer........: Yes
Pre-Assessed..: Yes
App. Filed.......: june 11 2009
Doc's Request.: november 9 2009
Nomination.....: april19 2009
AOR Received.: aust 9 2010
Med's Request: november 22 2009
Med's Done....: december 6 2009
Passport Req..: february 24 2010
VISA ISSUED...: march 11 2010
LANDED..........: april 29 2010

« Reply #5 on: August 16, 2011, 08:02:02 pm »

It is better to wait for your pr while in canada because you may not guarantee to re-enter.
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