My common law partner and I travelled to his home country in EU in early 2020 while his inland application was in process (submitted Nov 2019). I (the sponsor) returned to Canada March 2020. My partner got stuck there when COVID travel ressrictions were put in place. We received an email from CIC Sept 2020 inviting him to take medical exam. I am over 65, immune compromised. It would be risky for my partner to return and quarantine in our small apartment. Is it ok for him to do medical exam in Romania now and return to Cda when less risky?
inland spousal applicant stuck outside Canada
- Thread starter ahm03
- Start date
If your partner has been stuck outside of Canada for this long, the inland application will most likely be considered abandoned. As your common-law partner, he should have traveled back (and would've been able to) asap. I'll let more senior members comment on the medical exam, but it doesn't sound like you'll be able to continue your inland application. Your partner would've been able to quarantine anywhere, so not sure if any of those arguments will hold up with immigration.
He can do the medical exam anywhere. However there's a very high probability that your application is going to result in refusal. The inland sponsorship route requires the sponsor and applicant to be cohabitating throughout the process. This is a mandatory condition to qualify to apply inland which you don't meet. I would be prepared for the possibility that you're going to have to submit a brand new application outland. That's something you could consider doing now (although you'd need to withdraw the inland application first).
Thanks. What if he returns to Canada now and does his med exam here? (I will go to a hotel while he quarantines). Do you think he will have problems re-entering Canada? He will carry documents proving that he is immediate family with same address. He will also have the work permit that was issued in May which allows him to remain in Canada for two years. What will be his legal status in Canada when he re-enters? If does his meds here what will prevent his application from moving into final stages? As you know, CIC has granted automatic extensions for submitting medical docs.
It's honestly really hard to say what will happen if he re-enters now. You've been separated for around 8 months and don't meet the basic requirements to apply inland. I don't think any of us can guess what the outcome might be. It's possible IRCC may not figure this out - or they may. If they figure it out, they may do something about this or they may not. I really don't think any of us is in a position to guess.
He will have valid status when he re-enters. That's not the issue. The issue is the fact that you have not been continuously cohabitating which is a very basic requirement of the inland process.