Can I leave Canada ?

[SVTA]

Hi guys,
I sponsord my Husband for PR in October 2009. Now in process. my question is can I leave Canada for a while to visit my Husnband ? Is there any rules ?

Waiting for your great coments.

Thanks all

 

[PMM]

Hi

Hi guys,
I sponsord my Husband for PR in October 2009. Now in process. my question is can I leave Canada for a while to visit my Husnband ? Is there any rules ?

Waiting for your great coments.

Thanks all

Canadian citizens can, PRs are supposed to remain in Canada.

PMM

 

[bonacker]

I'm married to a Canadian, and we've only just sent in our application, "Family Class/Spouse." I'm here in Canada with him-- but since my legal residence is still in the USA, I'm applying Outland, via Buffalo.

Anyway, when we arrived at the Canadian border after getting married abroad in December, we told them we were about to apply, etc, and they helped us go through some paperwork -- with me getting a "visitor record" good for six months, while my PR application was getting processed, etc -- I asked the Canadian immigration official, there at the border, if I was allowed to travel back and forth to the US in the meanwhile, and he told me: "Yes, absolutely, you can leave and come back. No problem."

So....? Hm.

 

[mitamata]

In order to sponsor a family member, a permanent resident has to live in Canada. That doesn't mean you have to stay in Canada for the entire time, but any trips you take abroad should be brief (a couple weeks maybe, definitely not a couple of months).

bonacker, your situation is different - yes, the applicant is free to leave Canada whenever they want. And if the sponsor is a citizen, then there's no issues with them traveling either.

 

[Milon_d]

I would also like to leave Canada but in confused, is there any information that we may read and clarify?

Thanks all

 

[PMM]

Hi

I would also like to leave Canada but in confused, is there any information that we may read and clarify?

Thanks all

Immigration Regulations

Sponsors

Sponsor
130. (1) Subject to subsection (2), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

Sponsor not residing in Canada
(2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor an application referred to in subsection (1) by their spouse, common-law partner, conjugal partner or dependent child who has no dependent children if the sponsor will reside in Canada when the applicant becomes a permanent resident.

PMM

 

[Milon_d]

Many Many Thank PMM

I change my mind to Leave Canada, I will wait .

Thank you so much again

 

[starzibal]

Hi

Immigration Regulations

Sponsors

Sponsor
130. (1) Subject to subsection (2), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

Sponsor not residing in Canada
(2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor an application referred to in subsection (1) by their spouse, common-law partner, conjugal partner or dependent child who has no dependent children if the sponsor will reside in Canada when the applicant becomes a permanent resident.

PMM

But in case of emergency e.g death in family/personal stuff. sponsor has to leave what s/he suppose to do? inform to CIC?

 

[fallenstar831]

You can go on a trip... you are free to travel. As long as Canada is still your home. I'm in the middle of planning a trip, I was told it's fine. My friends have done it.

Am I way off base here? Seriously you arent chained to the top of the CN tower right?

 

[starzibal]

You can go on a trip... you are free to travel. As long as Canada is still your home. I'm in the middle of planning a trip, I was told it's fine. My friends have done it.

Am I way off base here? Seriously you arent chained to the top of the CN tower right?

Exactly.

 

[PMM]

Hi

Exactly.

Explain it to spousal applicants who are PRs that have been "visiting" their spouses in the home country and were refused under 130(1)
To satisfy yourself go to http://www.canlii.org/en/ca/irb/index.html and put 130(1) in the text field, and then read some of the results.

 

[starzibal]

Hi

Explain it to spousal applicants who are PRs that have been "visiting" their spouses in the home country and were refused under 130(1)
To satisfy yourself go to http://www.canlii.org/en/ca/irb/index.html and put 130(1) in the text field, and then read some of the results.

I have confirmed with CIC agent that you can leave Canada for any reason e.g visit your spouse if you meet your obligation as a PR (3 year residence out of 5 yr) and if you are citizen then you are not obligated at all.

 

[PMM]

Hi

I have confirmed with CIC agent that you can leave Canada for any reason e.g visit your spouse if you meet your obligation as a PR (3 year residence out of 5 yr) and if you are citizen then you are not obligated at all.

I wouldn't try to take what Clerk in the call centre told you to the bank, I think that I would go with what the Act states. Short visit okay (a week or two) for PRs but I wouldn't go for any longer.

PMM

 

[starzibal]

Hi

I wouldn't try to take what Clerk in the call centre told you to the bank, I think that I would go with what the Act states. Short visit okay (a week or two) for PRs but I wouldn't go for any longer.

PMM

When I told the agent about the cases you mentioned, she said that they could be more complicated than just "visiting spouses" and as long as PR completed their residency obligation they are OK to go back and forth.
Also, Act says "Resident" PR person/sponsor is a resident s/he of Canada but just visiting outside of Canada as you said short stay are OK. I was just curious to find out that so I called but if I were to sponsor my spouse i would not go for longer than 2-3 week because of job and other obligation.

 

[starzibal]

Hi PMM,

Question: My nephew is PR, he went back home in Aug 2007 but he is coming back in March before expiration of his PRC. During his stay back home he got married and have a baby now. He never notified CRA or CIC about his marriage or filed any taxes since 2006. Do you think, he would have any problem when sponsoring his wife/baby? And, offcourse he is obliged to stay in Canada after sponsoring his family as he already stayed outside of Canada since 2007